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All Reporters → us-dist-lexis → Volume 1976

Opinions in us-dist-lexis Volume 1976

MEMORANDUM OPINION The unfortunate controversy before me arises out of a conflict between parents over the right to custody of their four-and-a-half-year-old daughter, Elisha Dawn Jorgensen. Father and mother are petitioner and respondent respectively in this habeas corpus proceeding. Petitioner alleges that Elisha is presently in the physical custody of respondent, contrary to the terms of a judg...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter came on for a hearing on February 11, 1976. Plaintiff appeared in his own person and through his attorney, Edward Ocean, Esq. Defendant appeared in her own person and through her attorney, Grunert, Stout, Hymes and Mayer (James L. Hymes III, Esq. of counsel). From the evidence adduced and introduced at the trial, and after careful perusal and del...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter came on for a hearing on February 11, 1976. Plaintiff appeared in her own person and through her attorney, Birch, deJongh & Farrelly (Alexander A. Farrelly, Esq. of counsel). Defendant appeared in his own person and through his attorney Grunert, Stout, Hymes & Mayer (James L. Hymes III, Esq., of counsel). From the evidence adduced at trial, the C...
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MEMORANDUM OPINION AND JUDGMENT Plaintiff Walter Caribbean Corporation (hereinafter plaintiff or “WCC”) is a Virgin Islands corporation engaged in the business of operating a mobile home park. Specifically, WCC owns Peppertree Terrace, a community of mobile homes and trailers located. .near Island Center, St. Croix, U. S. Virgin Islands. Plaintiff’s modus operandi consists of renting plots of land...
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OPINION This contempt proceeding came on for a hearing on January 21, 1976 pursuant to an Order to Show Cause issued against the plaintiff on December 12, 1975. Plaintiff *4appeared in her own person and through her counsel, Birch, deJongh & Farrelly (Alexander A. Farrelly, Esq., of counsel). Defendant appeared in his own person and through his counsel, Howard K. Gibbs, Esq. After due consideratio...
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MEMORANDUM OPINION Petitioner Chrisita Milligan was discharged from employment with the Department of Finance by the Commissioner of that department on December 15, 1972. Her pay was terminated shortly thereafter and she appealed to the Government Employees Service Commission. The dismis*9sal of Petitioner was affirmed by the the GESC on July 19, 1973. This Court, on petition for writ of review, r...
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MEMORANDUM OPINION AND JUDGMENT Before the Court is an action brought by plaintiffs Benjamin and Mary Rivera to set aside a tax sale of real property made by the Government of the Virgin Islands, one of the defendants herein, to the other defendant, Adolphus Edney. The plaintiffs allege that the Government failed to comply with many of the statutory requirements for tax sales and that this non-com...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter came on for a hearing on February 25,1976. Plaintiff appeared in her own person and through her attorney, Birch deJongh & Farrelly (Alexander A. Farrelly, Esq., of counsel). Defendant appeared in his own person and through his counsel, Howard K. Gibbs, Esq. From the evidence and stipulations adduced at trial, the Court hereby makes the following ...
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OPINION AND ORDER This matter is before the Court without oral argument or testimony pursuant to the Order of this Court dated June 25,1976. *172Findings of Fact, Conclusions of Law and a Decree based thereon were entered in this case on August 12,1975. All matters of alimony and the division of property were resolved by the stipulation and agreement of the parties. The question now arises: what e...
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MEMORANDUM OPINION This' case presently is before the Court on defendants’ (except Sterne, Agee & Leach, Inc.) Amended Motion To Dismiss Action As A Derivative Action and plaintiff’s Opposition thereto. The Court will treat this Motion as a Motion for Partial Summary Judgment that addresses itself to the derivative claims in plaintiff’s Amended Complaint.1 There is no genuine issue as to any mate...
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MEMORANDUM AND ORDER This controversy began in November of 1970 when plaintiff Sidewinder Marine, Inc. (“Sidewinder”) filed suit against Sleekcraft Boats and Bruce Nescher (owner of Sleek-craft Boats) for infringement of Patent No. 219,118, a patent that Sidewinder held on the design of certain power boats. The patent relates only to the appearance of the boat, and does not involve any cl...
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RULING ON PETITION FOR REVIEW The appellants, Carlton J. Winslow and Mary Winslow, have taken this appeal from a judgment of the bankruptcy court ordering them to turn over, a parcel of land located in Manchester, Vermont, to the *912 trustee in bankruptcy for Winslow Plumbing, Heating and Contracting Co., Inc. (Winslow PH&C). They argue that the bankruptcy judge erred in not...
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OPINION Presently before the Court is a motion by the plaintiff, Polaroid Corporation (“Polaroid”), to dismiss one of three counterclaims filed by the defendant, Berkey Photo, Inc. (“Berkey”), for want of subject matter jurisdiction, see F.R.Civ.P. 12(b)(1), 1 and failure to state a claim upon which relief can be granted, see F.R.Civ.P. 12(b)(6). 2 ...
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OPINION This action was brought by Thomas Win-sett, an inmate at the Delaware Correctional Center (“D.C.C.”), pursuant to 42 U.S.C. § 1983. The gravamen of plaintiff’s complaint is that the denial by prison officials of his request for classification to the work release program at D.C.C. was based on constitutionally impermissible reasons, thereby depriving him of liberty without due process of...
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ORDER GRANTING TEMPORARY INJUNCTION Plaintiff Mount Sinai Hospital of Greater Miami brought this action against the Sec *7 retary of Health, Education and Welfare (“HEW”) and Blue Cross of Florida, Inc. to enjoin HEW from recouping alleged Medicare overpayments by withholding future payments by 15%. On February 6, 1974, this court issued a permanent injunction against HEW, holding inter alia...
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ORDER The plaintiff, Peggy Dawson, formerly resided at 484 North Highland Avenue, N.E., Apartment 14, Atlanta, Georgia, in which building she was a tenant. The defendant, Second Bedford Pine Apartments, Ltd., is a limited partnership doing business in the State of Georgia and purchased the building in which the plaintiff lived. The defendant partnership intended to rehabilitate the buildi...
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ORDER This is an action brought by the State of Georgia to procure the refund of a tax collected pursuant to § 4491 of the Internal Revenue Code of 1954, 26 U.S.C. § 4491. The action is presently before this court on cross-motions for summary judgment. Section 4491(a) of the Internal Revenue Code provides for the imposition of a tax on the use of any taxable civil aircraft during the applicable ye...
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In this case, Blanchard seeks to recover the sum of $9,823.24 paid as additional federal income taxes and interest after assessment by the Government for the tax years 1972 and 1973. The Government counterclaims to recover the sum of $4,078 of additional federal income taxes which it asserts is due from plaintiff for the tax year 1972. Defendant has moved for summary judgment as to both the com...
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Maryland Public Interest Research Group (MaryPIRG) seeks declaratory and injunctive relief against the President and Board of Regents of the University of Maryland, each of the members of the Board of Regents, and the Chancellor of the College Park Campus of said University. All defendants other than the Board itself are named as defendants in their individual as well as their official capacities...
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• On December 20, 1976, the Government applied to this Court for an Order under 18 U.S.C. § 2518 authorizing the FBI to intercept oral communications, to install and to monitor necessary listening devices, and in connection with such installation and monitoring, to make one or more surreptitious entries. An in camera, on-the-record hearing was held on that date. The application discloses that the ...
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MEMORANDUM AND ORDER This civil rights action was filed in this Court on July 1, 1975. By order made November 7, 1975 upon motion of the defendant Sideman, summary judgment was granted to that defendant, and to Doe, Roe and Hoe, dismissing the complaint because no state action was pleaded as to them nor could any such be proven. See 404 F.Supp. 1150. Familiarity with all prior proceedings is as...
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OPINION On May 15, 1975, Norman Rubinson was sentenced to a term of 3 years on each of two counts (conspiracy to violate the securities laws and transportation of unregistered securities for sale in interstate commerce). These sentences were to run concurrently with each other. By letter dated August 5,1976, which the court construed as a motion pursuant to Rule 35, Fed.R.Crim.P., Rubinson ap...
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ORDER Plaintiff instituted this action in District Court of the State of North Dakota, then removed it to this Court alleging that diversity of citizenship confers jurisdiction on this Court under 28 U.S.C. § 1332. It commenced this action seeking review, pursuant to NDCC Chapter 40-26, of a special assessment by the City of Harvey, North Dakota. It asks the Court to declare the special as...
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ORDER SUSTAINING MOTION FOR SUMMARY JUDGMENT This case is before the Court on the Motion for Summary Judgment on Behalf of National Zinc Company, John S. Van Aken, Jack L. Truman, Melvin E. McCluskey and Thomas L. Vogt and The Motion of Defendants, State Insurance Fund and Chris Sturm, to Dismiss, or in the Alternative for Summary Judgment. The Complaint alleges that the named plaintiffs and ...
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MEMORANDUM OPINION The dispute in this case arises between working interest owners in oil and gas leases concerning the proper construction to be given to an operating agreement. The operating agreement was dated May 30, 1974, and was entered into by and between the plaintiffs, W. O. Pettit and W. P. Lerblance, Jr., and the defendant Continental Oil Company. The case was tried to the court withou...
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This is an appeal by the Bankrupt from a judgment of the Bankruptcy Court concluding that a certain debt against Bankrupt was nondischargeable in bankruptcy. This Court has jurisdiction herein pursuant to 11 U.S.C. § 67(c). The appeal to this Court has been made in conformity with Bankruptcy Rules 801-814. *1025 Bankrupt filed her voluntary bankruptcy petition on October 16, 1975. 1 Plainti...
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ORDER This case between two competitors in the business of constructing ammonia processing plants involves a dispute as to whether *773 a patented, process owned by Defendant, United States Patent No. 3,441,393 (Patent), will be infringed by a process to be performed in an ammonia plant under construction by Plaintiffs in Woodward, Oklahoma (Woodward plant) for the W. R. Grac...
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MEMORANDUM AND ORDER Plaintiff brings this action against his former supervisor seeking to redress an alleged deprivation of his property right to continued employment without due process of law, in violation of the Fourteenth Amendment. Presently before the Court is defendant’s motion to dismiss the complaint for failure to state a claim upon which relief can be granted. Specifically, de...
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OPINION In this case, plaintiffs seek damages for the seizure and subsequent destruction of their property. The matter comes before me upon the motion of the defendants to dismiss the complaint or, in the alternative, for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The complaint contains two distinct claims. First, Hans Vorhauer and Phyllis Vorhauer,...
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MEMORANDUM AND ORDER DENYING DEFENDANTS’ MOTION TO DISMISS This is a civil rights action brought pursuant to 42 U.S.C. §§ 1983 and 1985 seeking a declaratory judgment, damages, ánd injunctive relief. The plaintiff is David K. Ruhlman, a Sergeant in the Pennsylvania State Police, presently assigned to the Erie Barracks. The defendants are Colonel James D. Barger, Commissioner of the Pennsylvania...
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ORDER ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND MOTION TO DISMISS This cause is before the court on defendants’ motion for summary judgment on Count One and motion to dismiss Count Two of plaintiffs’ amended complaint. Jurisdiction is grounded on 28 U.S.C. § 1331. Violations of the Fifth and Fourteenth Amendments to the Constitution of the United States are alleged. Plaintiffs are resi...
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424 F.Supp. 1382 (1976) Earlean McCORMICK, Plaintiff, v. ATTALA COUNTY BOARD OF EDUCATION et al., Defendants. No. EC 74-94-K. United States District Court, N. D. Mississippi, E. D. December 29, 1976. *1383 James O. Ford, Tupelo, Miss., for plaintiff. William R. Ford, Kosciusko, Miss., for defendants. MEMORANDUM OPINION KEADY, Chief Judge. Upon plaintiff's appeal from our initial ruling, McCormic...
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MEMORANDUM OF DECISION Plaintiffs, F. L. Crane Company and TriState Lumber Company, Inc., (Plaintiffs), brought this action on January 13, 1976, against Cessna Aircraft Company (Cessna) to recover damages allegedly sustained when their Cessna 310K aircraft crashed on February 15, 1972, on take off at the Tupe-lo, Mississippi airport. The aircraft was manufactured and placed in the stream of comme...
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This class action, which was filed on April 12, 1972, arises under the provisions of 42 U.S.C. § 1983 and the United States Constitution. Jurisdiction is conferred by 28 U.S.C. § 1343(3) which grants jurisdiction without regard to the amount in controversy in cases seeking redress for infringement of civil rights, and by 28 U.S.C. §§ 2201 and 2202, providing for declaratory and injunctive relief....
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OPINION Defendants S. Samuel DiFalco (“DiFal-co”) and Millard L. Midonick (“Midonick”) move pursuant to Rules 12(b)(1) and (6) and Rule 56, Fed.R.Civ.P., for an order dismissing this action or, in the alternative, granting summary judgment. The Court finds that plaintiff lacks standing to maintain this action and, accordingly, the complaint is dismissed. Plaintiff Thomas Hoffman (“Hoffman”), an a...
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MEMORANDUM AND ORDER While he was a detective in an elite anti-narcotics squad of New York City, defendant King allegedly obtained large sums by extortion from high-level narcotics dealers and by selling drugs he had seized. In preparation for trial on charges of failure to declare these proceeds as income, 26 U.S.C. §§ 7201, 7203 and 7206(1), the United States Attorney issued a subpoena duces te...
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MEMORANDUM OPINION AND ORDER Plaintiff initiated this action to redress alleged tampering with an odometer in the sale of an automobile. The Court duly heard testimony and received exhibits on October 14 and 18, 1976. The following shall constitute the Court’s findings of fact and conclusions of law as required by Rule 52, Federal Rules of Civil Procedure. PLEADINGS The complain...
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SUR PLEADINGS AND PROOF This matter was tried to the court on September 15-17, 1976. On the pleadings and proof, I make the following FINDINGS OF FACT 1. Plaintiff Michael J. Baczor is a resident of Bridgeton, New Jersey. 2. Defendant Atlantic Richfield Company (ARCO) is a corporation having its principal place of business in Philadelphia, Pennsylvania. 3. During 1970,...
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OPINION AND JUDGMENT This is an action brought by the heirs of Pedro Arroyo González to recover from the United States certain lands which their ancestor owned at the time of the Spanish-American war and of which he was deprived by virtue of an Act of Congress that authorized the President of the United States to reserve for public use by the government of the United States certain lands in Puerto...
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*264 MEMORANDUM Plaintiff, a Postal Service employee, brings this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., to redress the alleged sexually discriminatory employment practices of the defendant. The Postmaster General is named as defendant in this action. The plaintiff seeks monetary, declaratory and injunctive relief. Jurisdicti...
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DECISION AND ORDER This petition for issuance of a writ of habeas corpus is before the court on the petitioner’s motion for summary judgment, the record of proceedings in the state trial court including pertinent portions of the transcripts of the preliminary hearing and the trial, and the briefs of counsel. The petitioner challenges his convictions on May 26, 1973, in the county court of Racine c...
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MEMORANDUM AND ORDER The factual circumstances surrounding the above captioned habeas corpus case are rather complex. The petitioner was arrested on June 25, 1972, for the alleged burglary of a pharmacy in Osceola, Arkansas. Shortly thereafter, the petitioner was arraigned for burglary and grand larceny, and held in the Mississippi County jail to await his trial. On July 2, 1972, the petitioner es...
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OPINION Ronald J. Aiello (“Aiello”) is a former fireman for the City of Wilmington. He has brought this action on behalf of himself and “all other persons similarly situated” against the City of Wilmington, Delaware, and Thomas C. Maloney in his official capacity as mayor; the City’s Department of Public Safety and Norman Levine, individually and as Commissioner of the Department of Publi...
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OPINION The petitioner, David Allen Morgan, along with a co-defendant, Danny Hill, was convicted in the Superior Court of the State of Delaware of rape and kidnapping in September, 1971. 1 He received, and is now serving, a sentence of life imprisonment. Morgan now seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241. A brief recitation of the facts is essential to an understanding of...
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MEMORANDUM OPINION This case is before the Court on the defendants’ motion to dismiss or, in the alternative, for summary judgment. On July 8, 1963, the Secretary of the Treasury, through the Director of the Office of Foreign Assets Control, promulgated the Cuban Assets Control Regulations, 31 C.F.R. Part 515. Those Regulations generally prohibit any transfer of American-located asse...
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On June 30, 1952, the United States entered into a contract with defendants D. H. Dave, Inc. and Gerben Contracting Company (hereinafter “contractors”) for the construction by contractors of school shop buildings, roads, and utilities at the United States Army installation in Aberdeen, Maryland. Contractors purchased a performance bond naming defendant Fidelity and Casualty Company of New York ...
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OPINION Pending before the Court is the motion of the Board of Supervisors of Jackson County, Mississippi, to remand the above action to the County Court of Jackson County. The motion is based generally on the contention that the petition for removal was not timely filed and the removal was otherwise improvident. The motion has been heard to the Court and briefs have been submitted by both sides. ...
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OPINION Following an entry of judgment for the defendant corporation in the sum of $88,-428.17, with interest from date of judgment, the defendant filed a motion to alter or amend its judgment by granting prejudgment interest and attorney fees, neither of which were allowed in the Court’s opinion and judgment rendered thereon. The motion has been briefed to the Court and is ready for disposition. ...
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OPINION W. E. McConnell, a resident of Kemper County, Mississippi, formerly employed by The Alabama Great Southern Railroad Company (AGS) as a locomotive engineer, filed this action seeking this Court’s review of Award No. 12 in Case No. 60, issued on August 9, 1975, by Public Law Board No. 1261, which sustained the decision of AGS in terminating the petitioner’s employment for violating Rule G o...
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MEMORANDUM OF DECISION This is an action brought by the plaintiff as a borrower of money against the defendant as the lender, pursuant to (1) the Consumer Credit Protection Act, 15 U.S.C. §§ 1601 et seq. (hereinafter the Act), and *257 Federal Regulation Z, 12 C.F.R. §§ 226.1 et seq., adopted by the Board of Governors of the Federal Reserve System pursuant thereto (hereinafter Regulation Z), ...
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OPINION This is a joint application for compensation for services rendered by the Trustee and his counsel in the liquidation, under the provisions of the Securities Investor Protection Act of 1970,1 of G. M. Stanley & Co., Inc., formerly engaged in the brokerage business. Upon initial consideration, the amounts requested appeared so startlingly out of proportion to the assets of the estate and th...
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OPINION This is a case that does not belong in this court. It involves three governmental agencies — federal, state and city — and centers about regulations so drawn that they have created a Serbonian bog from which the agencies seemingly are unable to extricate themselves. An attorney representing one agency describes the situation as in “a confusing state of flux,” a gross understatemen...
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OPINION Plaintiff, the Securities and Exchange Commission (“SEC”), alleges that various *596 corporate and individual defendants, by virtue of numerous acts and omissions, have violated section 17(a) of the Securities Act of 1933 [15 U.S.C. § 77q(a)], sections 10(b) and 13(a) of the Securities Exchange Act of 1934 [15 U.S.C. §§ 78j(b), 78m(a)] and Rules 10b-5 and 13a-l promul...
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OPINION This action arises under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621, et seq. (the Act) and concerns an act of alleged age discrimination by the defendant, Dresser Industries, Inc. (Dresser), against plaintiff, a former employee. Plaintiff has filed a two-count complaint, alleging in Count I a violation of the Act and basing jurisdiction upon § 626...
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424 F.Supp. 421 (1976) UNITED STATES of America, Plaintiff, v. Patricia Louise Needham OWENS, Defendant. No. CR-2-76-19. United States District Court, E. D. Tennessee, Northeastern Division. December 28, 1976. *422 Richard K. Harris, Asst. U. S. Atty., Knoxville, Tenn., for plaintiff. J. Klyne Lauderback, Bristol, Tenn., for defendant. MEMORANDUM OPINION AND ORDER NEESE, District Judge. The defe...
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MEMORANDUM OPINION These are civil actions. During the trial, the plaintiff Mr. Porter Depew declined to answer certain questions asked him on cross-examination concerning his federal income tax returns on the ground that his answers might tend to incriminate him in some future criminal prosecution, claiming his privilege against self-incrimination under the Constitution, Fifth Amendment. The Cou...
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MEMORANDUM This case is presently before the Court upon a motion by defendant Maple Leaf, Inc. to add the United States of America as a party to this lawsuit and upon a motion by Maple Leaf, Inc. for partial summary judgment upon a conflicts of law issue. The defendant, Progressive Dynamics, Inc., joins in the motions. This case involves a diversity action arising out of the alleged ...
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MEMORANDUM OPINION AND ORDER These two actions are criminal prosecutions involving the cumulative conduct of the same person which was consummated at the same time and place. The defendant Mr. Lee had been convicted earlier of a crime punishable by imprisonment for a term exceeding one year. On January 17, 1974, while attempting to board within this district an aircraft being operated by an air c...
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MEMORANDUM OPINION AND ORDER The defendant Mr. Wolfe renewed his motion in a timely manner for entry of a judgment of acquittal after the return by a jury of a verdict against him of guilty under count I of the indictment herein. Rule 29(c), Federal Rules of Criminal Procedure. The thrust of all the grounds urged in its support is that the possibility of misidentification of the counterfeited curr...
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ORDER DENYING MOTION TO STRIKE VOLUNTARY DISMISSAL On July 16, 1976, plaintiff filed its complaint charging defendant Atlantic Rich-field Company with wrongfully converting to its own use a cargo of Ecuadorian oriente crude oil in which plaintiff claims an ownership interest. The defendant did not file an answer, but on October 28, 1976 filed a third-party complaint against Marc Rich & Company, a...
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OPINION The defendant Delaware State Board of Education has petitioned this Court for a stay of an Order entered on June 15, 1976 by a three-judge court. The Order directs the development and implementation of a plan to desegregate most school districts in Northern New Castle County. Defendant’s motion is the latest in the lengthy litigation concerning racial discrimination in the public school...
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ORDER DENYING DEFENDANT’S MOTION TO DISMISS AND DENYING DEFENDANT’S MOTION TO STRIKE AND GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This is an action brought by the United States to recover amounts allegedly overpaid to defendant, a “provider” of medical care under the Medicare Program of the Social Security Act, 42 U.S.C. § 1395 et seq. This court has jurisdiction pursuant to 28 U.S.C....
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This case grows out of a divorce proceeding instituted in a Maryland court by the husband, seeking a decree of divorce a vinculo matrimonii. Eventually, however, the wife prevailed upon her cross-bill of complaint and won a decree of divorce and an award of alimony. Thereafter the wife, seeking to enforce her alimony award, named the United States as garnishee in a series of writs of...
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MEMORANDUM OPINION AND ORDER Robert H. Nickel brought this suit under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq. claiming that his discharge from employment with the defendant company was because of his age. Defendant has moved to dismiss on the grounds that plaintiff’s failure to file a timely complaint with the Michigan Civil Rights Commission ...
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MEMORANDUM OPINION AND ORDER This. action was tried to the Court on September 30, October 1, October 4, and October 5,1976. The following shall constitute the Court’s findings of fact and conclusions of law as required by Rule 52 of the Federal Rules of Civil Procedure. *1128 PLEADINGS In her amended complaint, plaintiff asserts five claims of discrimination. Plaintiff’s first claim state...
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OPINION Plaintiff, Bituminous Insurance Companies (BIC), insures Leonard Shaffer Associates, Inc. (Shaffer), a general contractor. Defendant, Pennsylvania Manufacturers’ Association Insurance Company (PMA), insures Lessner and Co., a subcontractor hired by Shaffer to do the air conditioning, plumbing, heating and ventilating work on a certain building. In the contract between them, Lessne...
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MEMORANDUM Edith Anne Hurst brings this action under Section 1631(c)(3) of the Social Security Act, 42 U.S.C. § 1383(c)(3), to review a final decision of the Secretary denying her application for supplemental security income disability benefits as provided by Section 1602 of the Act, 42 U.S.C. § 1381a. Section 1631(c)(3) of the Act incorporates by reference Section 205(g) and (h) of the Act. Th...
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ORDER This case is before the Court on plaintiff’s motion to vacate a prior order of dismissal entered by the Court, defendant Ex-Lax’s motion to dismiss for lack of in personam jurisdiction as to said defendant, and defendant Safeway Stores, Inc.’s motion to transfer venue to the United States District Court for the District of Arizona. This Court dismissed this case on October 8, 1976, be...
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■ MEMORANDUM DECISION By their amended complaint, the plaintiffs brought this action on behalf of them*582selves and others similarly situated, to redress violations of their constitutional rights occasioned by guard brutality at Illinois’ Stateville Correctional Center. The named plaintiffs seek monetary damages for themselves, and declaratory and injunc-tive relief for the class as a whole. The...
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I. This case raises the issue, often considered by federal trial courts, but never yet definitely decided by an appellate court, whether the defendant in a Truth-in-Lending suit in a federal court may invoke ancillary jurisdiction to counterclaim for the amount due by the debtor. The decision of this issue need not be categorical; the circumstances of this case are determinative. The court holds t...
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MEMORANDUM OPINION AND ORDER This cause came on for a hearing on plaintiff’s motion for a preliminary injunction limited to Counts One and Two of the Amended Complaint. Plaintiff alleges that the Administrator is violating the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. Plaintiff seeks injunctive relief prohibiting the Administrator: 1. ...
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MEMORANDUM ORDER This action was brought by parents of black students enrolled in the Mississippi School for Blind “Colored” Children to terminate the operation of a dual racial school system for blind children in Mississippi. Defendants originally denied that they were operating racially segregated schools for blind children, but approximately one month after commencement of this action, a resolu...
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OPINION The defendant has renewed its motion to dismiss for lack of jurisdiction of the subject matter and to enjoin plaintiff from proceeding in any court. In its first motion defendant urged that the declaration showed on its face that the controversy described therein is within the exclusive jurisdiction of the National Railroad Adjustment Board by virtue of the National Railway Labor Act, 45 U...
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OPINION Plaintiff, a Swiss banking corporation, alleges in its complaint that in 1967 it opened a brokerage account with defendant on behalf of one of plaintiff’s clients, named Zelmanowitz. Thereafter plaintiff, acting as Zelmanowitz’s agent, engaged in various securities transactions through defendant. The proceeds of these transactions remained in plaintiff’s account with defendant; co...
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OPINION AND ORDER Plaintiff’s motion to file a second amended complaint, and the motions to dismiss interposed by defendants Community General Hospital, Isidore Greenberg and Young Chul Ko are granted. The motions to dismiss the complaint made by Harry Lawrence, John McCormick, Bernard Blackman, Louis Gonzalez, Walter Ramsey and Edward McManus are denied. The within action was commen...
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MEMORANDUM The Buffalo Teachers Federation sues for declaratory and injunctive relief against three members of the New York Public Employment Relations Board (“PERB”). Plaintiff challenges on equal protection grounds an aspect of the State’s Taylor *829 Law, which prohibits public employees from striking and mandates certain sanctions for violations of the prohibition. The gravamen of the com...
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MEMORANDUM AND ORDER Defendant Peat, Marwick, Mitchell & Co. (PMM) has moved to dismiss this case as to it. In a related case, Imperial Supply Co., Inc., Profit Sharing Trust, et al. v. Northern Ohio Bank et al., 430 F.Supp. 339 (N.D. Ohio 1976), the motions to dismiss were overruled; and that ruling served as the basis on December 17, 1976, for a memorandum overruling FDIC’s m...
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MEMORANDUM AND ORDER Petitioner, who is presently incarcerated at Lewisburg Federal Penitentiary pursuant to concurrent sentences imposed by the United States District Court in Philadelphia, Pennsylvania, and the United States District Court in Wilmington, Delaware, filed a pro se complaint on March 26, 1976. The defendant was not sentenced by this Court. In the complaint, he alleges that he was g...
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OPINION Mitchell Mudlo and his wife, Anna Mae, brought a damage action against the United States of America under the Federal Tort Claims Act, 28 U.S.C. § 1346 and § 2671 et seq., for serious injuries suffered by the husband when struck by a moving overhead electrical crane on the premises of the Deitch Company, his employer. The Government has moved for summary judgment and th...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause having been tried to the Court from December 8 through December 19, 1975, and upon due consideration of the pleadings filed herein, the exhibits introduced at trial, the testimony elicited at trial, and information obtained by the Court in its post-trial inquiry, the Court hereby issues the following Findings of Fact and Conclusions of La...
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ORDER DISMISSING COMPLAINTS In view of the recent decision of the Ninth Circuit in Franchise Realty Interstate Corp. v. San Francisco Culinary Workers, 542 F.2d 1076 (1976), this Court issued an order directing plaintiffs in Hahn v. Codding, C-75-2706, and Codding v. Hahn, C-76-2424 (originally filed as a counterclaim), to show cause why their complaints should not be dismissed. 1 Respo...
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MEMORANDUM AND ORDER On December 10, 1976, the Court of Appeals remanded the record in this case to this Court for the “limited purpose of commencing the development of a plan of distribution [of copies of the tapes introduced into evidence and played to the jury in United States v. Mitchell, Cr. No. 74-110], in accord with [the Court of Appeals’ earlier opinion of] October 26, 1976 (D.C.Cir....
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MEMORANDUM OPINION This is an action challenging the constitutionality of 38 U.S.C. § 3404(c)(2) which limits the fees payable to agents or attorneys representing veterans on claims for monetary benefits before the Veterans Administration (VA) to $10 for any one claim. Relying on Hines v. Lowrey, 305 U.S. 85, 59 S.Ct. 31, 83 L.Ed. 56 (1938), and Hoffmaster v. Veterans Administration, 444 ...
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MEMORANDUM ORDER AND JUDGMENT In this proceeding, declaratory and in-junctive relief are sought by two employees of the District of Columbia Government who claim a violation of their First Amendment rights. The defendants are the District of Columbia, the Mayor, Director of Personnel and several other officials. Jurisdiction is conferred pursuant to 28 U.S.C. §§ 1331, 1332, 2201 and 2202. Plaintif...
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MEMORANDUM This is an action brought under the Age Discrimination in Employment Act, 29 U.S.C. §§ 621 et seq. (“ADEA” or “Act”), for alleged age discrimination in federal employment in violation of section 633a of the Act. Plaintiff alleges that he was denied a promotion on the basis of his age. He seeks retroactive promotion, back pay, adjustments in his retirement, sick leave, vacation and ...
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MEMORANDUM ORDER This matter is presently before the Court on plaintiffs’ request for expedited consideration on remand, and defendants’ motion to supplement this Court’s May 27, 1976 opinion filed herein. The relevant background facts are set forth in the aforementioned opinion, Cleaver v. Kelley, D.C., 415 F.Supp. 174, and incorporated herein by reference. Briefly stated, plaintiffs filed...
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MEMORANDUM OPINION The Honorable Henry S. Reuss, in his capacities as a Congressman1 and as a bondholder,2 has filed suit against various individuals who serve as officers of the Federal Reserve Banks and who also serve on the Federal Open Market Committee (Committee or FOMC), and against each of the twelve Federal Reserve Banks in the United States.3 Since the Committee exercises significant gove...
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ORDER This is an action for damages brought on account of alleged violations of § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) and Rule 10b-5 of the Securities and Exchange Commission adopted pursuant thereto, 17 C.F.R. § 240.10b-5. Jurisdiction is grounded upon § 27 of the Securities Exchange Act, 15 U.S.C. § 78aa. The action is presently before this court on plaintiffs’ amen...
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OPINION AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Plaintiff Koffler Stores, Ltd. brought suit against Shoppers Drug Mart, Inc., alleging unfair competition, violation of the Paris Convention for the Protection of Industrial Property of 1888, and of the Lanham Trademark Act of 1946. 1 Plaintiff brings this Motion for Summary Judgment, pursuant to Rule 56, Federa...
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MEMORANDUM Petitioner Charles A. Bonner, a Missouri state prisoner, commenced this action in forma pauperis challenging his state imprisonment under 28 U.S.C. § 2254. Petitioner, together with Horace Bonner and Kevin Dean, pleaded guilty in the Circuit Court of the City of St. Louis on October 9, 1973 to two counts of murder, one count of rape, and one count of assault with intent to kill with mal...
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OPINION AND ORDER In 1936 Higgins Realty Company, the then owner of lands in the Southwest Quarter of the Southeast Quarter of Section 33, Township 13 North, Range 19 West, M.P.M., Missoula County, deeded a portion of such lands to the United States. The deed contained this clause: RESERVING AND EXCEPTING, however, from this grant and conveyance the use and right to the waters arising from a sprin...
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MEMORANDUM AND ORDER The subject of the above-captioned pro se action, instituted under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., is an alleged employment discrimination unlawfully based on national origin. Plaintiff, an East Indian, founds his claim for damages and other relief upon defendant’s 1974 rejection of his application for employ...
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Plaintiffs Juan Zavala and Kolyba Corporation commenced this action against defendants Citicorp Services, Incorporated (“CSI”) and First National City Bank (“Citibank”) seeking damages alleging that the defendants caused Banque National de Paris (“BNP”) to breach its contract with Zavala under which BNP would sell to Zavala $30,000,000 of First National City Bank travelers checks over a period of ...
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OPINION AND ORDER This is an action brought by plaintiff Candace Van Alen against her broker of seventeen years, Paul deGive, and deGive’s employer, Dominick & Dominick, Incorporated (“Dominick”). The third amended complaint charges defendants with violations of Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder, violations of the rules of the New ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This is an action brought by plaintiff under the provisions of 42 U.S.C. § 1983 alleging that the defendant institution denied plaintiff equal protection of the law and due process in denying her admission to the Associate Degree Nursing Program of defendant institution, and under 29 U.S.C. § 794 alleging that plaintiff was discriminated against by the de...
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MEMORANDUM OPINION AND ORDER 33 U.S.C. § 1321(b) provides, in pertinent part: “The discharge of oil or hazardous substances into or upon the navigable waters of the United States ... is prohibited . ****** “Any owner or operator of any vessel, onshore facility, or offshore facility from which oil or a hazardous substance is discharged . . . shall be assessed a civil penalty...
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OPINION The plaintiff, a former employee of defendant Burroughs Corporation, has included in his second amended complaint, two counts, the first of which purports to state a claim against Burroughs Corporation under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., names five present or former employees of Burroughs, E. Gary Clark, Lucien Dick, Wilford P...
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OPINION AND ORDER This civil action, filed January 30,1976, is a complex personal injury and products liability case, arising from the death of plaintiff’s decedent in a motor vehicle accident in Michigan. The court file in the case is voluminous, since the parties have engaged in extensive and hard-fought discovery over the past year. The case is now in the final stages of trial preparat...
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OPINION The defendants, Joseph A. Iezzi, Albert D. Milani, D.C., James D. Potter, M.D., Elias Yurick, D.O., Paul N. Scolieri, Louis D. Adams, Robert L. Plusquellec, Bernard L. Shapiro, D.D.S., Louis A. DeSantis, Anthony Crivelli, Sr., and Louis C. Boscia, were tried on a charge of conspiracy to defraud an insurance company by use of the mails, 18 U.S.C. § 371, and eighteen substantive cou...
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ORDER Petitioner, a state prisoner, filed this action under 28 U.S.C. § 2254 seeking a writ of habeas corpus. Petitioner was convicted of murder and this conviction was affirmed by the South Carolina Supreme Court, State v. Motes, 264 S.C. 317, 215 S.E.2d 190 (1975); he then filed an application for post-conviction relief in the state court, which application was voluntarily dismissed. While 28 U....
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*872ORDER Petitioner Willie Massey and two of his brothers, Thomas and Billy Massey, went on trial in New York County on July 26, 1973 for the armed robbery and murder of a York liquor store owner earlier that month. After the prosecution had put up ten witnesses, Billy Massey entered pleas of guilty to both crimes during the second day of trial. Billy then testified for the prosecution and direct...
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MEMORANDUM OPINION This is a removed diversity action for damages for personal injuries. 28 U.S.C. §§ 1332(a)(1), 1441(a). The plaintiff Mr. Avery Williams is 17 years of age; thus, under the disability of infancy until his 18th birthday. T.C.A. §§ 1-305, 6-648. The parties agreed upon a settlement of all issues between them herein by a compromise under which the defendant would pay the minor plai...
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MEMORANDUM OPINION AND JUDGMENT This action is currently before the court on defendant’s motion to dismiss plaintiff’s complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Both parties to the suit have presented various memoranda, affidavits, depositions, and exhibits in support of their respective positions. Accordingly, the court now considers defendant’s motion as one fo...
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This case is before the Court on plaintiff’s application for review of an order of the Bankruptcy Judge whereby he discharged a $132,970.40 debt owed to plaintiff. The bankrupt, Marshall Gaither Smith, was engaged as an agent or broker in the insurance business. He sought and received a brokerage contract with the plaintiff insurance company. In connection with this contract the bankrupt represent...
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OPINION AND ORDER DENYING DEFENDANT’S MOTION TO DISMISS The plaintiff, HARRY N. BRODSKY, filed this action against defendant, LE-HIGH VALLEY INDUSTRIES, INC., guarantor on certain convertible subordinated debenture bonds issued by a wholly owned subsidiary of defendant. The plaintiff alleges that the primary obligor, Riverside Manufacturing, Inc. (Riverside), has failed and refuses to pay interes...
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OPINION Defendant, James Farrell, moves pursuant to Rule 56(b), Fed.R.Civ.P., for summary judgment dismissing the complaint on the ground that the claims herein are precluded under the doctrine of collateral estoppel by a prior decision on the merits adverse to plaintiff. For the reasons appearing hereafter, the motion is granted. This is an action under 42 U.S.C. § 1983, against a New York...
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OPINION These eleven defendants are charged in a two-count indictment with conducting an illegal gambling business and conspiring to do so, in violation of Title 18, United States Code, sections 1955 and 371. They have made pretrial motions for severance, to strike alleged surplusage from the indictment, to suppress wiretap evidence, and for a hearing to determine the fairness of pretrial voice i...
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MEMORANDUM AND ORDER Defendant moves pursuant to C.P.L.R. § 6223 for an order vacating the ex parte attachment I granted on November 17,1976 pursuant to Rule 64, F.R.C.P., and C.P.L.R. § 6201(1). I granted the original order of attachment so that this Court could gain quasi in rem jurisdiction over defendant, a foreign corporation. Defendant has now submitted to full in personam jurisdiction and m...
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MEMORANDUM We have before us three matters related to the bankrupt estate of W. T. Grant: first, a motion by defendant trustee Charles G. Rodman in behalf of the Estate of W. T. Grant Company, Bankrupt, to dismiss plaintiffs’ appeal from an order of the Bankruptcy Court (Galgay, J.) dated July 26, 1976 and entered July 29, 1976; second, plaintiffs’ appeal from Judge Galgay’s order dated September...
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In 1973 Richard Altimus, a federal prisoner incarcerated at Sandstone, brought this action for injunctive and declaratory relief, and for damages, against members of the United States Board of Parole and the federal Bureau of Prisons, claiming that his application for parole was wrongfully denied without adequate procedural protections. Mr. Altimus also sued several private corporations, individu...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action was commenced on August 15, 1973, when Dr. Manmohan' S. Jawa, plaintiff, filed his complaint in this court alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. and 42 U.S.C. §§ 1981 and 1983 and his civil rights as secured by the First and *220 Fourteenth Amendments. Plainti...
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ORDER Sitting by Designation. This is an action by the plaintiff, Mary Leigh Watson, to recover from her ex-husband, a retired colonel in the United States Air Force, now living in Europe, $24,000.00 in back alimony and child support payments pursuant to 42 U.S.C., Section 659. On February 6, 1976, plaintiff filed the complaint in the above-captioned action, and summoned the garnishee, attemp...
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*571 ORDER ON PLAINTIFF’S MOTION TO AMEND COMPLAINT AND ORDER OF DISMISSAL This action arises directly from a prior divorce proceeding between the parties which terminated in a decree of divorce of August 15, 1973 issued by the Honorable James A. K. Roper, Judge of the Greenville County Family Court. Subsequent to this divorce, Mrs. Cox (now Thrower) moved to North Carolina and remarried. She...
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ORDER ON DEFENDANT FORD MOTOR CREDIT COMPANY’S MOTION TO DISMISS The motion of Ford Motor Credit Company (hereinafter designated Ford) filed August 6, 1976, invites decision by this court. Ford insists that the complaint fails to state a claim upon which relief can be granted, thus seeking application of Rule 12(b)(6) 1 , Federal Rules of Civil Procedure. This court, upon revie...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW On the evening of September 10, 1973 plaintiff fell from a ladder while working aboard O/S LAUREL during a log loading operation at the Port of Longview, Washington. This action was filed against defendant, the vessel owner, to recover damages for injuries sustained as a result of the fall. Trial was had on the issue of liability solely. Plaintiff, a winch d...
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*401 MEMORANDUM AND ORDER THIS CAUSE comes before the court on defendant’s request for dismissal. Although not so captioned it is assumed that this is in fact a motion for summary judgment and the court will proceed on that basis. See Fed.R.Civ.Pro. 12(b). Following a remand of this case from the court of appeals 529 F.2d 135 (9th Cir. 1976), this court ordered th...
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OPINION Defendants, James and Ann Fernandez, husband and wife, were indicted for conspiracy to import and distribute heroin in violation of 21 U.S.C. §§ 173, 174. In addition, defendant James Fernandez was separately charged under 18 U.S.C. § 1952 with traveling between California and Mexico, and performing other acts, in order to facilitate unlawful narcotics activity. On February 27, 1971, fe...
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MEMORANDUM OPINION This class action for declaratory and injunctive relief claims that the Department of Agriculture’s (USDA) delay in implementing the Congressional mandate for food stamp eligibility for drug addicts and alcoholics in treatment and rehabilitation programs was unnecessary and unreasonable. After this lawsuit was filed, the implementing regulations were in fact promulgated. Plai...
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RULING ON MOTION FOR PRELIMINARY INJUNCTION The plaintiffs, Nancy Everhart, 53 years old, and her husband, William Everhart, 50 years old, are severely handicapped persons who have suffered from cerebral palsy since birth. They have been certified as eligible to participate in the Federal Food Stamp Program, 7 U.S.C. § 2011, et seq. They are also eligible to take part in the “Meals-on-Wheels” pro...
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MEMORANDUM DECISION Defendants Western Connecticut Broadcasting Company (“Western”) and Kingsley Gillespie have moved for summary judgment in this action brought by two unsuccessful mayoral candidates in the Stamford, Connecticut 1969 election who are seeking damages for censorship of their radio advertisements in violation of the first amendment. For the reasons hereinafter discussed, th...
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ORDER This cause came on for consideration sua sponte. The court, having considered the record and being fully advised in the premises, finds and concludes that the third-party complaint and the counterclaim should be dismissed; pendent jurisdiction should be declined; and subject matter jurisdiction should be briefed by the parties. The complaint in the instant case was filed on April 14, 1976, a...
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ORDER GRANTING ADDITIONAL PARTY DEFENDANT’S MOTION TO DISMISS CROSS-CLAIM AND DENYING DEFENDANT’S MOTION TO COMPEL This breach of contract action was filed in the Circuit Court of the 11th Judicial Circuit, Dade County, Florida, by plaintiff United States Agricultural Processors Marketing Service, Inc. against defendants Qui-nonez Hermanos, S.A., Quality Foods De Centro America, S.A. (“Quality Fo...
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*871MEMORANDUM AND ORDER This cause is before the court on defendants’ motion for summary judgment. For the reasons hereinafter stated, the motion shall be granted in part and denied in part with leave to renew at a later date. The plaintiff, Mark Weissbaum, has filed a three-count complaint invoking this court’s jurisdiction under 28 U.S.C. § 1331 and § 1343. He alleges an amount in controversy i...
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MEMORANDUM OPINION The present case requires this court to delve into the vagaries surrounding the “ehoateness” of state-created liens for the purpose of determining the priority between such a lien and a federal tax lien. The sole issue for decision in plaintiffs’ motion for summary judgment is: Does section 6323 of the Internal Revenue Code of 1954, 26 U.S.C. § 6323, as amended, ...
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OPINION Plaintiffs, Frank Mastie and Kenneth Seymour, brought this action pursuant to *1302 the Federal Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621, et seq., Public Law 90-202, claiming discrimination on the basis of age. Although disposition of the respective plaintiffs’ claims are technically distinct, as will become apparent from the court’s discussion of this ma...
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This is the most recent in a series of motions brought by plaintiffs in their efforts to obtain discovery in this action *574which asserts the rights of inmates to organize for collective action within a correctional institution and which challenges the validity of procedures followed relative to transfers of plaintiff Rodney Haymes, allegedly for his participation in such organizing activities. T...
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OPINION The Complaint in this case is made by several employees of Defendant Railroad who are members of Defendant Unions. It recites that a Seniority Agreement made in 1972 between the Railroad and officers of the Union (the named individual defendants) violated their rights under the Basic Collective Bargaining Agreement of 1970, the Merger Protective Agreement of 1964 and the Implement...
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MEMORANDUM AND ORDER The plaintiff in this action is the mother of the late Leroy Shenandoah. She is also the Administratrix of his estate, pursuant to letters of administration issued by the Register of Wills of Philadelphia County. The decedent was shot and killed by a Philadelphia police officer on March 2, 1972, during a confrontation which occurred on a balcony-fire escape of a cente...
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MEMORANDUM AND ORDER This is a diversity case in which plaintiff Bowen, a Rhode Island resident, sued defendant Evanuk, a Connecticut resident, for negligence arising out of the operation of a motor vehicle. Evanuk thereupon filed a third-party complaint against the State of Rhode Island, claiming that it was the state’s negligence in failing to maintain a stop sign at the intersection wh...
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MEMORANDUM AND ORDER Defendant moves to dismiss the instant action for want of jurisdiction based on its contention that the amount in controversy in this case is not in excess of $10,000 exclusive of interest and costs, as required by 28 U.S.C. § 1332(a) (1970) (federal jurisdiction based on diversity of citizenship). The $10,000 figure is, of course, jurisdictional; and where it appears to a leg...
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MEMORANDUM AND ORDER Petitioner proceeds under 28 U.S.C. § 2255 seeking to vacate a five year sentence imposed by this Court on September 2,1970, for violation of 18 U.S.C. § 922(a)(6) [National Firearms Act] in Criminal Action No. 74-70-N. He argues ineffective service of counsel in contravention of a criminal defendant’s rights as secured by the Sixth Amendment. He alleges appointed trial counse...
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MEMORANDUM AND ORDER. The conflict which led to this action began when an employee of A. O. Smith refused, for religious reasons, to pay union dues to the representative of his collective bargaining unit, Smith Steel Workers, as required by the union security agreement between the employer and the union. As a result of the refusal, the union requested A. O. Smith to terminate his employme...
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MEMORANDUM OPINION SUPPLEMENTING ORDER On August 10, 1976 defendant, Ramsay Motors, Inc., filed a motion to dismiss that portion of the complaint herein which alleged a cause of action on behalf of plaintiff Claire Benjamin, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Upon reviewing the written memoranda submitted in support of and in opposition to the aforesaid moti...
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MEMORANDUM OPINION This is an action by the Secretary of Labor under 29 U.S.C. § 217 seeking to enjoin defendants from violating §§ 15(a)(2) and 15(a)(5) of the Fair Labor Standards Act of 1938 as amended (29 U.S.C. § 201 et seq.), and to restrain defendants from withholding payment of minimum wages and overtime compensation alleged to be due defendants’ employees under the Act. The Court has juri...
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ORDER This class action was brought pursuant to Title 42, United States Code, Sections 1981 and 1983, and jurisdiction was invoked pursuant to Title 28, United States Code, Sections 2201, 2202 and 1343. Plaintiff Gomez, a Deputy Sheriff, in his First Amended Complaint, alleged that defendants Pima County, Sheriff William Cox, and other individual defendants have subjected him to sever...
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OPINION This opinion culminates round four of a long bout between Mike Virgil and Sports Illustrated magazine. 1 In round one this Court prevented a knockout, or perhaps “wipeout” would be more apropos in this context, by denying Time’s motion for summary judgment. Round two, Time’s interlocutory appeal to the Ninth Circuit, resulted in definition and clarification of the law applicable to ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND JUDGMENT This action for declaratory and injunctive relief arises under the Migratory Bird Treaty Act, 16 U.S.C. § 703 et seq., the National Environmental Policy Act of 1969 (NEPA) 42 U.S.C. § 4321 et seq., and the Administrative Procedure Act (APA), 5 U.S.C. § 551 et seq. Plaintiff is the National Rifle Associ...
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*848 MEMORANDUM DECISION The Associated Press and The Idaho Statesman pursued a request, and appeal, with the United States Department of the Interior to obtain disclosure of the claim file of each victim of the Teton Dam disaster. The Department of the Interior announced that commencing on or about November 1, 1976, the periodic release of the following information wo...
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MEMORANDUM AND ORDER The plaintiff has filed a three count complaint alleging jurisdiction under the Federal Tort Claims Act (FTCA) 28 U.S.C. § 2672 *291 et seq., and the Fifth and Eighth Amendments to the United States Constitution. Plaintiff has provided the court with evidence that he has exhausted his administrative remedies as required by 28 U.S.C. § 2675. The government has filed a moti...
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*1291MEMORANDUM OP DECISION Petitioner Alexander Johnson is presently incarcerated in the Mississippi State Penitentiary at Parchman. Mr. Johnson is serving three sentences imposed upon him by the Circuit Court of Washington County, Mississippi. In two of the cases, Mr. Johnson wa^, sentenced to a term of imprisonment for life. In the other case, he was sentenced to serve a term of 5 years. Mr. Jo...
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MEMORANDUM AND ORDER I. This is the second time we are required to consider an exhaustion question presented in connection with the affirmance of petitioner’s conviction by the Missouri Court of *886Appeals, Kansas City District, in State v. Martin, 525 S.W.2d 804 (1975). When the case was first before us, see Martin v. Wyrick (W.D.Mo.1976) 411 F.Supp. 1069, we dismissed petitioner’s earlier petit...
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This is a petition for a Writ of Habeas Corpus to compel the release of George Jacques from state custody. Jacques was convicted of first degree murder after a four day jury trial in 1974. He was sentenced to the mandatory term of life imprisonment. His conviction was affirmed on direct appeal by the Appellate Division in an unreported opinion. State v. Jacques, No. A—2875-73 (App.Di...
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MEMORANDUM AND ORDER Petitioner has filed, pro se, a motion to vacate, set aside or correct the sentence imposed upon him by this Court. Title 28 U.S.C. § 2255. *579 In July of 1974, 1 petitioner was transferred from the Greenhaven Prison, Storm-ville, New York, to the Federal Courthouse for the Eastern District of New York pursuant to a writ of h...
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OPINION On October 28, 1976, plaintiffs Cruz, Gulley and Perrelli, inmates in the New York State prison system, commenced an action under the provisions of 42 U.S.C. § 1983 to enjoin defendant officials of the New York State Department of Corrections and Mat-teawan State Hospital from transferring them from Matteawan to the general prison system without a hearing prior to transfer-ral. Plaintif...
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MEMORANDUM AND ORDER This action was originally filed on December 17, 1970, and has remained before this Court continuously ever since. February 17, 1971, in an elaborate memorandum the Court found that it had jurisdiction of the suit under Title 42 U.S.C. § 1983 and Title 28 U.S.C. § 2201. The Court determined that the matter was properly a class action, the class consisting of persons confined a...
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ORDER The court has examined the Petition for Writ of Habeas Corpus together with the Motion for leave to proceed in forma pauperis and required affidavit presented to the clerk of this court. It appears therefrom that this is a proceeding for a Writ of Habeas Corpus by a prisoner who is confined in the Oklahoma State Penitentiary at McAlester, Oklahoma, in which he challenges the validity of the ...
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*1330 SUR PLEADINGS AND PROOF “Gobble-gobble.” Those words identify the sound made by a male turkey. That fact and the desire of the contesting parties to profit from it furnish the stuff of this action for trademark infringement. Before me is plaintiffs motion pursuant to Fed.R.Civ.P. 65(a) seeking to enjoin defendant preliminarily from using the term “gobble-gobble” in its...
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OPINION The question presented in this case is whether plaintiff has any proprietary rights in a name used by defendant as the title for a TV series. Having concluded that plaintiff abandoned the name, I must grant defendant’s motion for summary judgment. I. Factual and Procedural Background In 1933, plaintiff originated and authored a story entitled “Land of the Lost,” ...
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427 F.Supp. 506 (1976) CONSUMERS UNION OF UNITED STATES, INC., et al., Plaintiffs, v. AMERICAN BAR ASSOCIATION et al., Defendants. No. 75-0105-R. United States District Court, E. D. Virginia, Richmond Division. December 17, 1976. *507 *508 Peter H. Schuck, Marsha N. Cohen, Washington, D.C., James W. Benton, Jr., Hill, Tucker & Marsh, Richmond, Va., for plaintiffs. H. Merrill Pasco, John H. Sh...
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OPINION This action under the First, Fourth, Fifth, and Ninth Amendments to the Constitution and under Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. § 2510 et seq. (Title III), seeks declaratory and injunctive relief and money damages for defendants’ allegedly illegal wiretapping of plaintiffs’ home telephone. Plaintiffs are Morton H. Halperin, ...
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MEMORANDUM OPINION This case involves a labor dispute in the local District of Columbia courts. An unincorporated association of court reporters, its officers and various individual reporters have brought this suit as a class action against their employers, the Superior Court of the District of Columbia, the Chief Judge of that court and of the District of Columbia Court of Appeals, the Joint C...
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MEMORANDUM This action for declaratory and injunctive relief arises under Title XVIII of the Social Security Act, commonly known as the “Medicare Act,” 42 U.S.C. § 1395 et seq. Plaintiff is a California corporation which engages in, among other things, the business of owning and operating two nursing *1074 home facilities, Beverly Manor Convalescent Hospital East a...
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OPINION Joseph P. Sedule (“plaintiff”) has brought this action under 42 U.S.C. § 1983 and the Fourteenth Amendment to challenge his dismissal on grounds of immorality and neglect of duty from the position of Assistant Superintendent for Administrative Services of the Capital School District (the “District”) which serves Dover, Delaware and surrounding areas. 1 The District, the...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case comes before the Court in a Petition for Limitation of, or Exoneration from Liability filed by Consolidated Machines, Inc. Seven persons, i. e., James C. Johnston, as Personal Representative of five estates, those of Joseph K. Winter, Francis L. Winter, Francis Webb, Kenneth Smith and Stephen Richmond, on behalf of the statutory beneficiaries of...
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ORDER This is an action for discrimination in employment brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e and the Equal Pay provisions of the Fair Labor Standards Act, 29 U.S.C. § 206(d). Plaintiffs pray for injunctive relief, back pay, and other equitable relief due to defendant’s alleged unlawful employment practices. The action is presently before this court on:...
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MEMORANDUM The issue before the court is whether 33 U.S.C. Section 403 contains a scienter requirement; that is, whether the government must prove in a criminal prosecution that the defendant deliberately intended to create an obstruction to certain navigable waters. For reasons stated below, this court holds that 33 U.S.C. Section 403 does not contain a scienter requirement. 33 U.S.C. Section 403...
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OPINION Plaintiff commenced this action in federal court to obtain a Temporary Restraining Order and Permanent Injunction against defendants who have sought to garnish the General Motors Retirement Program for Salaried Employees. The parties are in substantial agreement as to the applicable facts of the case, and thus, the court is presented with essentially a purely legal issue. In short...
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FINDINGS OF FACT and CONCLUSIONS OF LAW This action is before this court on plaintiff’s motion for summary judgment. This court has determined that said motion should be granted; now therefore this court hereby makes the following findings of fact and conclusions of law: Findings of Fact 1. There is no genuine issue as to any of the facts found herein or any fact material to...
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MEMORANDUM AND ORDER This is a civil action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq. Plaintiff alleges that by reason of a prior perfected security interest in accounts receivable from Medicaid of Mission East, Inc., plaintiff was entitled to receive certain checks from the Missouri Department of Public Health and Welfare made payable to Mission East, I...
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OPINION This matter comes before this Court on third-party defendant’s motion for summary judgment pursuant to F.R.Civ.P. 56. The action was instituted by the plaintiff who was injured in a crane accident; the equipment being owned by the defendant, Sievers Hauling Corporation. 1 Plaintiff’s complaint alleges that Sievers’ employees were negligent, careless and reckless in thei...
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The defendant moves to dismiss the present indictment (76 Cr. 1076) on six different grounds. For the reasons set forth hereinafter, the motion is denied. The complex history of this case may be summarized as follows: Cumberbatch was indicted for armed bank robbery under 18 U.S.C. §§ 2113(a), (b) and (d) in 1973 (73 Cr. 319). On October 23,1973, he was produced from state custody pursuant to a ...
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OPINION AND ORDER Plaintiff in this action is attacking the admissions procedure and practice at the College of Veterinary Medicine at Ohio State University. He has made three unsuccessful attempts to obtain admission to the entering class at this facility, conforming in each instance exactly to the format specified by the bulletin of information published by the college. He now alleges t...
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ORDER The above-named petitioner a federal convict confined in the Federal Correctional Institution at El Reno, Oklahoma, has filed this proceeding for a writ of habeas corpus in which he claims that he is entitled to credit on the service of his federal sentences of 934 days spent in the custody of the State of Florida. From the court’s examination of the files and records herein the following...
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MEMORANDUM AND ORDER This is a medical malpractice case, allegedly arising from improper treatment received by the plaintiff while under the defendants’ care in Pennsylvania. Jurisdiction in this matter is based on diversity of citizenship (28 U.S.C. § 1332), and this court is obligated to apply the substantive law of the Commonwealth of Pennsylvania. In addition to bringing suit in ...
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MEMORANDUM OPINION This long, involved and difficult cause of action is before the Court for the rendering of an opinion in Plaintiffs’ appeal from a decision of the Board of Patent Interferences (hereinafter the Board) in the United States Patent and Trademark Office under 35 U.S.C. § 146. The case was tried to the Court on the issue of priority of invention and the Court is of the opinion that ...
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*836MEMORANDUM DONALD P. SMALLWOOD has filed another motion in this Federal District Court to vacate sentence and set aside judgment. This time he joins with ROY E. LAY as a co-petitioner and pro se, both have moved this Court pursuant to 28 U.S.C. § 2243 and § 2255. Petitioners were both found guilty by a jury of multiple violations of 18 U.S.C. § 1341 and thereafter on October 24, 1969, this Cou...
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MEMORANDUM OPINION Plaintiffs are a student at Stuyvesant High School (Stuyvesant) in New York City and his father. Student plaintiff Jeff Traehtman, in his capacity as editor-in-chief of the school newspaper, the Voice, sought permission from the defendant principal at Stuyvesant and the New York City Board of Education (the Board) to distribute a questionnaire designed to measure the sexual...
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MEMORANDUM In this action by plaintiff Randolph Phillips (“Phillips”) to recover the “reasonable value” of his services as successful attorney pro se in an earlier suit, a number of motions are currently pending. Defendant Investors Diversified Services, Inc. (“IDS”) has moved for a dismissal of the amended complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (“Rule...
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ORDER The plaintiff commenced this action to recover damages for injuries sustained as a result of defendant’s alleged negligent, careless and reckless design, manufacture, assembly, sale and distribution of a defective product. The plaintiff also seeks to recover punitive damages in the amount of one million dollars for the alleged reckless disregard of plaintiff’s rights. Jurisdiction is pred...
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DECISION GRANTING MOTION TO DISMISS AMENDED COMPLAINT AND FOR SUMMARY JUDGMENT The Court sits for the Honorable Robert Firth only as to the motion before it on November 8, 1976, that is, the defendant’s “Motion to Dismiss Amended Complaint to Recover Income Tax Unlawfully Assessed and Collected.” This case, having come on for argument and hearing on November 8, 1976, the Court, being fully ad...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The Court having a motion to dismiss before it and having heard the arguments offered by the respective parties, and the cause having been submitted for decision, and the Court being fully advised in the premises makes its findings of fact and conclusions of law as follows: FINDINGS OF FACT It is true that: 1. Defendant RETIREMENT FUN...
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MEMORANDUM OPINION AND ORDER Plaintiff Utah International, a mining company with international operations, brings this declaratory judgment action against Colorado-Ute Electric Association, Inc., Platte River Power Authority, TriState Generation and Transmission Association, and Salt River Project Agriculture Improvement and Power District, all wholesalers of electric power and energy. Pl...
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424 F.Supp. 830 (1976) CHICAGO TITLE AND TRUST COMPANY, Plaintiff, v. HARTFORD FIRE INSURANCE COMPANY, Defendant. No. 76 C 2387. United States District Court, N. D. Illinois, E. D. December 14, 1976. *831 William Levinson, Stiefel, Levinson & Komie, Chicago, Ill., for plaintiff. Jerome N. Groark, Wayne F. Plaza, Rooks, Pitts, Fullagar & Pitts, Chicago, Ill., for defendant. MEMORANDUM AND...
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ORDER The Court has before it a petition for writ of habeas corpus filed by petitioner, a state prisoner, pursuant to the provisions of 28 U.S.C. § 2241 et seq. An order to show cause was issued on November 4, 1976, and a response was received on November 16, 1976. Petitioner, presently serving a concurrent ten-year sentence for breaking and entering and arson, asserts that the United States Board...
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MEMORANDUM AND ORDER This is an action under 42 U.S.C. § 1983 in which the plaintiff seeks a declaration that M.G.L. c. 90 § 24(2)(c) is unconstitutional and further seeks an injunction of its enforcement against him and all others similarly situated. A three-judge district court has been convened pursuant to 28 U.S.C. §§ 2281 and 2284. The defendant has moved to dismiss the action under Fed.R. Ci...
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OPINION AND ORDER QUASHING SERVICE OF PROCESS OF DEFENDANTS The defendants in this action, two Canadian corporations, have moved for dismissal for lack of jurisdiction over the person of either defendant. Plaintiffs are a Michigan resident and a Michigan corporation, the patentee and exclusive licensee of a patent on a device which magnetically treats seeds to attempt to increase cro...
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MEMORANDUM OPINION This is a class action by black citizens of Mississippi pursuant to 42 U.S.C. §§ 1981-83 and 2000d et seq. to end racial segregation and employment discrimination in the operation of the Mississippi Cooperative Extension Service (MCES), a federally-assisted state agency. The United States, through the Department of Justice, has participated as a plaintiff-intervenor und...
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MEMORANDUM This matter is before the Court to review an Order of the Bankruptcy Judge. For the reasons stated below, the Order will be reversed and remanded for further proceedings. This dispute centers around certain furniture in which Franklin Union Furniture, Inc. claims a security interest. On February 27,1976, Franklin Union Furniture, Inc. filed a complaint with the Bankruptcy Court asking f...
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OPINION By way of the instant motion, defendants herein are applying to this Court for an order setting aside the judgment of conviction and seeking a new trial or a dismissal of the indictment based upon new evidence and perjury committed by the main government witness, Vincent J. Rapisardi, Jr. During a bail restoration hearing approximately one year prior to trial, the government ...
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MEMORANDUM In this action, before this court on the basis of diversity of citizenship, 1 plaintiff Chemical Bank (“Chemical”) sues to enforce a guaranty executed on July 10, 1970 by defendant H. B. Layne (“Layne”) in respect of the liabilities of one Eugene J. Cohen (“Cohen”) to Chemical arising out of a demand promissory noted dated July 1, 1966. The case was tried to the...
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Memorandum of Decision and Order By a memorandum of decision and order entered July 13, 1976, this court dismissed the carrier’s petition for review and granted the union’s counterpetition for enforcement of the award rendered by Public Law Board No. 1426. Pursuant to the court’s directive, respondent United Transportation Union (UTU) has filed an application for attorney’s fees incurred in the p...
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ORDER This is an action instituted pursuant to the Due Process Clause of the Fifth Amendment and the Civil Rights Act of 1866, 42 U.S.C. § 1981, wherein the plaintiff, Eloise Tufts, seeks reinstatement to her position as a distribution clerk at the United States Postal Service (USPS), asserting that the defendants unlawfully terminated her on July 3,1973. She also seeks back pay, declaratory and ...
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MEMORANDUM AND ORDER Before us is a Motion to Dismiss Indictment Because of Illegal Electronic Surveillance. Defendant Frank Parker Osborne was indicted under a one count indictment for possession with intent to distribute heroin, a Schedule I narcotic drug controlled substance, in violation of 21 U.S.C. § 841(a)(1). Defendant requested a hearing under 18 U.S.C. § 3504, for the purpose of determin...
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MEMORANDUM OPINION AND ORDER This is a civil action against a Tennessee sheriff and certain individual members of the Hamblen County, Tennessee Quarterly Court for money damages and equitable relief in redress of the plaintiff’s federally-protected civil rights. 28 U.S.C. § 1343(3). The defendant members of such court moved for a dismissal for the plaintiff’s failure to state a claim against them...
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MEMORANDUM AND ORDER Defendant seeks an order relieving her from a judgment of this Court after her default had been previously entered. The complaint in this suit was filed on April 29, 1976. The service was effected on defendant on May 6, 1976. *544Thereafter on May 18,1976, defendant moved the Court to order plaintiffs, being non-residents, to post security for costs. Plaintiffs, on June 7, 197...
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ORDER Two motions are before the Court: (1) plaintiff’s motion to compel Bank of California, a garnishee, to answer interrogatories concerning defendant’s “debts, credits, or effects” held by the garnishee outside the state of California and (2) defendant’s motion for a temporary restraining order and preliminary injunction to forestall arbitration proceedings now pending in Japan. Both m...
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423 F. Supp. 843 (1976) W. J. USERY, Jr., Secretary of Labor, United States Department of Labor, Plaintiff, v. OWENSBORO-DAVIESS COUNTY HOSPITAL, a corporation, et al., Defendants. Civ. A. No. 2595-O. United States District Court, W. D. Kentucky, Owensboro Division. December 13, 1976. Marvin M. Tincher, Regional Atty., U. S. Dept. of Labor, Nashville, Tenn., for plaintiff. Philip B. Hayden, Ronal...
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R. Bruce Alderman was indicted by the federal Grand Jury on June 3,1976, charged with nine counts of mail fraud, 18 U.S.C. § 1341, four counts of interstate transportation in aid of bribery, 18 U.S.C. § 1952, and aiding and abetting the violation of those statutory provisions, 18 U.S.C. § 2. The indictment alleges that, beginning in 1967 and continuing through 1972, defendant Alderman participate...
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MEMORANDUM OF DECISION This matter is before the Court on defendant’s motion to vacate the Order of July 30, 1976 appointing a receiver of certain mortgaged property owned by the defendant, directing the defendant to turn over to the receiver the mortgaged property and various property associated with it, and enjoining the defendant from interfering with the receiver’s management of the propert...
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OPINION AND ORDER Plaintiff Berthe Letourneau, a Canadian citizen who has worked in this country since 1944, became a permanent resident alien on October 24, 1967. From 1968 to 1972, she worked as. a librarian for the French Embassy in New York City. During that period she reported her earnings, paid federal income tax, and paid Social Security self-employment tax. On January 24, 1972, Letourneau...
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MEMORANDUM AND ORDER MOTIONS TO DISMISS The Northern Ohio Bank (NOB), first named the Metropolitan Bank of Cleveland, began business in 1971 in the Standard Building in Cleveland, Ohio. On February 14, 1975, the bank’s directors turned the bank over to the Ohio Superintendent of Banks, on the grounds that the bank was insolvent. Thereupon the Federal Deposit Insurance Corporation (FD...
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ORDER This action is one brought pursuant to 42 U.S.C. § 1981 to secure plaintiff’s right to equal protection under the laws. The plaintiff claims that he was denied an opportunity to apply for a job with the defendant railroad on May 2,1973, because of his race. This action was filed on December 1, 1975. The defendant has moved for judgment on the pleadings pursuant to Rule 12(c), Federal Ru...
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OPINION The facts of this case are simple. The plaintiff slipped and fell upon ice and snow on the deck of the defendant’s barge sustaining serious injuries. However, careful consideration of the legal issues arising from this injury leads the court to agree with Judge Friendly’s observation that admiralty law constitutes a “wonderland” 1 and with the observation of Judge Teite...
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MEMORANDUM AND ORDER On May 5, 1976, Arch A. Moore, Jr., Governor of West Virginia, was acquitted of the charges brought against him in the above captioned case. He has moved this Court for the return of all the documents, papers and other objects which were taken from him or his office pursuant to subpoena or by other judicially approved discovery procedure. Requesting that both original...
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RULING ON PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT OR FOR A PRELIMINARY INJUNCTION In this action, the plaintiff, Irving Stolberg, raises several constitutional challenges to the suspension of his salary payments for services rendered as a professor at Southern Connecticut State College (“SCSC”). The basis for this suspension of salary payments is that Stolberg has allegedly violated Con...
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MEMORANDUM OF DECISION The plaintiffs in these consolidated actions 1 have sued on behalf of themselves and others similarly situated, to invalidate two Connecticut statutes (Conn.Gen.Stat. §§ 17-85 & 17-109(e)), which have rendered them ineligible for welfare benefits under two federally sponsored' programs, Medicaid and Aid to Families with Dependent Children (AFDC). They hav...
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Petitioner Williams filed this petition for a Writ of Habeas Corpus on November 25, 1975, seeking relief from a State conviction in the courts of the State of Delaware. The gravamen of his complaint is that his conviction in State court was based on evidence seized in violation of rights secured to him by the Fourth and Fourteenth Amendments to the United States Constitution. Petitioner also filed...
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OPINION AND PRELIMINARY INJUNCTION This cause is before the Court on plaintiffs’ motion for a preliminary injunction. *61 The Court’s jurisdiction is invoked under 29 U.S.C. § 185 (Section 301 of the Labor Management Relations Act, hereafter ‘LMRA’). The Jacksonville Maritime Association, Inc. (‘JMA’) is an employer for the purposes of 29 U.S.C. § 152(2) (Supp.1975) and Secti...
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Thomasville Automotive Parts, Inc., the taxpayer-plaintiff, manufactures and sells pick-up or light duty truck bumpers. It being the custom of the nation’s truck manufacturing industry to deliver new pick-up trucks to retail dealers without bumpers so that the purchaser can select and the dealer can install bumpers of the purchaser’s choice, almost all — approximately 97 percent — of Thomasvill...
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MEMORANDUM OPINION This cause is once again before me following a two-week contempt hearing which took place in April of this year. The Defendant, Mr. Louis Beck, appeared pursuant to this court’s Order to Show Cause, dated February 9,1976. That order directed Beck to show cause why he should not be held in contempt of court for violating an injunction issued in 1970 following a jury tria...
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ORDER In In re Alodex Corporation Securities Litigation, 392 F.Supp. 672 (D.C.1975), aff’d 533 F.2d 372 (8th Cir. 1976), this Court ruled that the two-year statute of limitations of Iowa’s blue sky law applies to federal Rule 10b-5 actions brought in this state. Pending in this securities fraud lawsuit are motions to dismiss which raise questions as to the present va...
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MEMORANDUM OF DECISION This action is before the court on the claim of Warfield Towing Service, Inc. (Warfield) to be indemnified by Fielder Towing Company (Fielder) for its costs and expenses of defense herein. The material facts are not in dispute. Plaintiff, First Mississippi Corporation (First Mississippi) sued Warfield, Fielder and Greenville River Services, Inc. (Green-ville) to recover for ...
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MEMORANDUM This is an action brought pursuant to 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 CFR 226 (commonly referred to as Regulation Z). Jurisdiction is clearly present under 15 U.S.C. § 1640(e). The matter was tried to the Court without a jury, and this Memorandum shall const...
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OPINION AND ORDER This is an action to recover income taxes alleged to be erroneously and illegally assessed and collected by the Internal Revenue Service. The taxpayer claims that it is an exempt organization under Section 501(c)(14)(A) of the Internal Revenue Code. Jurisdiction is conferred on this court by 28 U.S.C. § 1346(a)(1). The issue is whether the plaintiff is a “credit union” w...
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MEMORANDUM AND ORDER Defendant has moved to suppress a statement made by him on April 5, 1976, to agents of the Bureau of Alcohol, Tobacco and Firearms of the United States Treasury Department. On October 26 and 27 a hearing was held on such motion and, since such date, counsel for both parties have submitted briefs in support thereof and in opposition thereto. In the early morning o...
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This is a motion by defendant British Airtours, Ltd. (“Airtours”) to dismiss the amended complaint as against it for lack of jurisdiction over the person. Fed.R.Civ.P. 12(b)(2). Affidavits with exhibits were submitted by both sides. There does not appear to be any dispute about the relevant facts. The second defendant, British Airways Board (“Airways”), which owns all the stock of Airtours...
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MEMORANDUM AND ORDER By motion argued December 3, 1976 plaintiff seeks to enjoin the Deputy Attorney General of the State of New York, Charles J. Hynes, from enforcing a subpoena duces tecum issued pursuant to N.Y. Executive Law § 63(8). Plaintiffs’ motion for a preliminary injunction is denied. Defendant, the Special State Prosecutor for Nursing Homes, has attempted to obtain, by means, of a...
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On April 30, 1976 this court found that the public schools in Buffalo had been pur*192posely segregated in violation of plaintiffs’ fourteenth amendment rights. Arthur v. Nyquist, 415 F.Supp. 904 (W.D.N.Y.1976). Also filed that day was a decision allowing the plaintiffs in this case to amend their complaint to add the individual members of the State Board of Regents and the individual members of t...
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This lawsuit was instituted by plaintiff Williamsburg Fair Housing Committee and others purporting to represent nonwhite predominantly Hispanic residents of the Williamsburg area of Brooklyn who allege acts of racial discrimination against them in violation of the United States Constitution and various federal statutes and regulations including Title VIII of the Civil Rights Act of 1968, 42 U.S.C....
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ORDER The Defendant American Federation of Musicians, an Unincorporated Association (AFM) has filed herein a Motion to Dismiss in which said Defendant asserts that this Court has neither jurisdiction nor venue over said Defendant with respect to Plaintiff’s case under either the Labor Management Relations Act, 29 U.S.C¡ § 185(c), which provides: “For the purposes of actions and proce...
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MEMORANDUM AND ORDER Presently before the Court is defendants’ motion for summary judgment, pursuant to Fed.R.Civ.P. 56, in this diversity action. Defendants’ primary contention is that this is an action for breach of a contract for sale within the meaning of the Uniform Commercial Code, as enacted in Pennsylvania, and that, accordingly, the suit is time-barred by the applicable four-year...
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423 F. Supp. 838 (1976) Lynn E. GOODRICH v. LUMBERMENS MUTUAL CASUALTY COMPANY. Civ. A. No. 76-30. United States District Court, D. Vermont. December 10, 1976. *839 Thomas W. Costello, Webber & Costello, Rutland, Vt., for plaintiff. Glen L. Yates, Jr., Pierson, Affolter & Amidon, Burlington, Vt., for defendant. MEMORANDUM AND ORDER HOLDEN, Chief Judge. The plaintiff, Lynn E. Goodrich, br...
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MEMORANDUM AND ORDER Pending before the Court is the motion of intervenors John J. Uekman and the International Association of Firefighters, Local 34, for reconsideration of this Court’s May 28, 1976, Memorandum opinion, which held that Section 13-11 of the Ordinances of the City of Little Rock, Arkansas, the Ordinance which provides for the mandatory retirement of all Little Rock firemen at ag...
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*322 FINDINGS OF FACT AND CONCLUSIONS OF LAW This is a suit, under the Federal Tort Claims Act for damages resulting from an allegedly false arrest made by officers of the Federal Protective Service while on traffic detail at the Navy Yard. Plaintiff, an off-set press operator employed by the Library of Congress, left his customary parking lot in the Navy Yard and proceeded the wrong way do...
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ORDER DENYING DEFENDANT’S MOTION TO STAY This cause came on for consideration upon the motion to stay proceedings made by defendant on 10-20-76. The court, having considered the record and being fully advised in the premises, finds and concludes that the motion should be denied. Plaintiff initiated this action in July, 1976, alleging that defendant, who had a commodity account with plaintiff ...
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MEMORANDUM OPINION Petitioner, convicted of murder in the Circuit Court of Cook County, seeks a writ of habeas corpus. He asserts that he was denied due process by the state’s failure to give reciprocal discovery and by the trial court’s refusal to suppress an identification resulting from an unduly suggestive identification procedure. The respondent moves to dismiss for failure to state a claim. ...
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MEMORANDUM This is an action brought under 42 U.S.C. § 1983 by four anonymous inmates at M.C.I. Walpole arising out of their transfer from the general population cell blocks to segregated cells within that facility. 1 They allege that the transfer violated rights guaranteed to them by the Due Process Clause, the Equal Protection Clause and the constitutional prohibition against cruel and unus...
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MEMORANDUM AND ORDER This is a class action challenging two independent restrictions on the availability of relief under Massachusetts’ Emergency Assistance Program. Plaintiffs complain that each restriction impermissibly conflicts with section 406(e) of the Social Security Act, 42 U.S.C. § 606(e), and thus is invalid under the supremacy clause and that each restriction offends the equal ...
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MEMORANDUM AND ORDER This matter is before the Court for the purposes of setting forth findings of facts and conclusions of law in accordance with Rule 52(a), Fed.R.Civ.P., subsequent to entry of a temporary restraining order. This is an action for injunctive relief arising out of claimed violations of Sections 10(b), 14(d), 14(e) and 20(a) of the Securities Exchange Act of 1934, as ...
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MEMORANDUM Plaintiff, The Frouge Corporation (“Frouge”), commenced this action against the defendant, The Chase Manhattan Bank, National Association (“Chase”), for an accounting of earnings realized by Chase from the alleged unauthorized use of funds deposited by Frouge in an account with Chase entitled “Frouge-Trumbull Trust Account No. 1.” It appears undisputed that during the summ...
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MEMORANDUM AND ORDER This is a proceeding instituted pursuant to the Securities Act of 1933, 15 U.S.C. § 77a et seq., the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., and the Commodity Exchange Act of 1936, 7 U.S.C. § 1 et seq. The jurisdiction of this Court is purportedly invoked pursuant to 15 U.S.C. § 77v(a) and 15 U.S.C. § 78aa. Plaintiff ...
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MEMORANDUM Kenneth Souder, a former inmate at Far-view State Hospital for the criminally insane, brings this action under the Civil Rights Acts 1 alleging that he and other inmates have been forcibly treated with *832 psychotropic drugs in violation of their constitutional rights. Plaintiff sues individually for damages and for injunctive relief on behalf of himself and all other inmates at...
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MEMORANDUM On December 7, 1976, this Court found Stanley A. Apfelbaum in civil contempt and ordered him confined pursuant to the provisions of 28 U.S.C. § 1826. Although the witness requested an in camera hearing, the hearing was held in open court. The policy of secrecy in connection with grand jury proceedings has been long established in the federal judicial system. It is ge...
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MEMORANDUM This is a civil in rem action commenced January 20, 1975 for the condemnation as adulterated of two ingredients and an article of drug into which they were incorporated as “PET-TABS-GEE” while held for *280 sale after shipment in interstate commerce. It is claimed that these articles are “new animal drugs” which are legally unsafe, since no approved appl...
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MEMORANDUM Plaintiff, Administrator of the Estate of Linwood Carter, brings this action against two insurance companies for an alleged willful refusal to make payments under the provisions of two automobile liability insurance policies. Jurisdiction is attained by reason of diversity of citizenship, 28 U.S.C. § 1332. 1 The matter comes before the Court on cross-motions for summ...
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DECISION AND ORDER The plaintiffs have moved for an order that this action is maintainable as a class action, and the defendants have moved for an evidentiary hearing on the plaintiffs’ motion. The plaintiffs have also moved to join additional defendants pursuant to Rule 25, Federal Rules of Civil Procedure. The defendants have moved for a hearing on the issue of whether they are members of a bod...
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MEMORANDUM AND ORDER THIS CAUSE comes before the court on plaintiff’s motion to dismiss affirmative defenses. Fed.R.Civ.Pro. 12(f) & 12(h)(2). Plaintiff’s complaint in this action was originally filed in the Superior Court for the State of Alaska. It was removed to this court based on diversity of citizenship. 28 U.S.C. § 1441. 1 The factual basis for the claim is that the de...
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RULING ON MOTIONS This series of related motions presents close questions concerning the proper action *692 a court should take to protect an attorney’s former client when the attorney’s investigatory efforts on behalf of a present client lead him to his former client’s doorstep. In this case the plaintiff’s attorney after investigation discovered the existence of certain ass...
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OPINION AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT This matter is before the Court on separate motions for summary judgment filed by the Defendant-Third Party Plaintiff, C. L. Osborn Contracting Co. (hereafter Osborn) and the Third Party Defendant, *804 Bama Utility Contractors, Inc. (hereafter Bama), and it is clear from a review of the entire record which has been developed ...
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This cause came on for hearing on November 26, 1976, in the following summary matters: Plaintiff’s motion to reconsider diversity jurisdiction; Plaintiff’s motion to alter minute entry and reasons for judgment of the Honorable Morey L. Sear; Plaintiff’s motion to hold Sheriff Frank Edwards in contempt for violation of the injunction herein; Plaintiff’s motion to have the United States Mar...
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MEMORANDUM OF DECISION The action sub judice came on for trial before the court sitting without a jury on March 3, 1975. The hearing was limited to the issue of liability, the appropriate relief, if any, being deferred for later consideration. After a lengthy trial, the court handed down its Memorandum of Decision on February 19, 1976.1 The defendants were held liable for unlawful discriminatory e...
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MEMORANDUM OF DECISION This action is before the court on plaintiffs’ application for an award of attorney’s fees, costs and expenses through April 22, 1976. The application seeks an allowance of fees for attorneys, paralegals and law student workers in the aggregate amount of $299,320.00. Plaintiffs contend that in the action sub judice the normal fee should be multiplied by a factor from 2 to 5...
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FINDINGS AND OPINION On November 25, 1974, plaintiff Richard J. Lynn filed his complaint under 42 U.S.C. Section 1983 against defendant John C. Danforth alleging that on November 26, 1969, defendant acting in his official capacity as the elected and acting Attorney General of the State of Missouri and under the color of the authority of the Missouri State Liquor Control seized plaintiff’s boat,...
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The defendant, Harry Hoffer, moves pursuant to Rule 33 Fed.R.Crim.P. for an order setting aside his June 1973 conviction of conspiracy and fraud and for a new trial on the grounds of newly discovered evidence and denial of the effective assistance of counsel in his defense. In June 1973, Hoffer was found guilty by a jury of conspiracy; foreign transportation of money stolen or obtained by fraud...
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MEMORANDUM ORDER This matter came before the Court on the plaintiff’s motions to dismiss the counterclaim and to amend the complaint and on the defendant’s motions to dismiss for failure to state a claim upon which relief can be granted and for summary judgment. Jurisdiction is based on the Truth in Lending Act, 15 U.S.C. § 1640(e). After considering the motions, the supporting briefs, th...
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ORDER This is a personal injury action in which Plaintiff alleges he sustained injuries while operating a self-propelled loader manufactured by J. I. Case Co. Said manufacturer is not joined in this action. Defendants are alleged to have designed and patented the machine and thereafter granted a license to the manufacturer to produce same. It is urged Plaintiff’s injuries were sustained August 21,...
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MEMORANDUM Mary B. Flippen brings this action under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary in which it was held that she was not entitled to disability benefits upon an application filed October 4, 1973. The *136sole issue before the Court is whether the final decision of the Secretary is based upon substantial evidence. See 42 U...
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RULING ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Defendant has filed a motion for summary judgment pursuant to Fed.R.Civ.P. 56(c). The case is in an appropriate posture for resolution at this stage. Although plaintiff opposes defendant’s motion, he contends that he is also entitled to summary judgment. Moreover, sufficient undisputed facts exist to allow determination of the legal issues prese...
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ORDER GRANTING DEFENDANT’S MOTION TO STAY CERTAIN ACTIONS PENDING ARBITRATION AND GRANTING DEFENDANT’S MOTION TO STRIKE This cause came on for consideration upon defendants’ motion to stay certain actions pending arbitration and defendants’ motion to strike certain portions of the complaint. The court, having considered the record and being fully advised in the premises, finds and conclud...
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SUMMARY As indicated by the title, the following is a summary of the Court’s opinion for purposes of clarification. For specific and detailed information, of course, it will be necessary to refer to the opinion itself. Springfield is a city of 92,000 population with 19,000 children in its schools. Of these 17.2% are minority children. Most of the minorities are blacks who live in a fairly com...
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ORDER This matter came on for hearing on November 5, 1976, on motion by the federal defendants to dismiss this action on the ground that it is barred by the application of laches, and to dismiss under Rule 12(b)(6) F.R.Giv.P., for failure to state a claim upon which relief can be granted. After due consideration of the argument and memo-randa of counsel, the record, and the law, the Court finds...
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423 F.Supp. 132 (1976) Samuel MOPKINS, Plaintiff, v. ST. LOUIS DIE CASTING CORPORATION, Defendant. No. 76-234C(4). United States District Court, E. D. Missouri, E. D. December 7, 1976. *133 Michael J. Hoare, Mid-America Employment Rights Project, St. Louis, Mo., for plaintiff. Ward Fickie, Clayton, Mo., for defendant. MEMORANDUM NANGLE, District Judge. Plaintiff Samuel Mopkins brought suit herei...
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MEMORANDUM This motion filed pursuant to Section 2255, 28 U.S.C. has been transferred to this Court for consideration. It is the third such *1237motion in which petitioner urges ineffective assistance of retained counsel as a ground for vacating his 1970 conviction of violating Section 659, 18 U.S.C. (possession of goods stolen from an interstate shipment having a value in excess of $100). The con...
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Memorandum of Decision and Order Plaintiffs, who include Republican and Conservative Party supporters of President Ford, and members of the Labor Party, bring this action pursuant to 42 U.S.C. §§ 1983, 1985(3) and 1988 1 seeking an or *961 der: (1) enjoining the Secretary of the State of New York and the Governor from certifying the Democratic Presidential electors...
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OPINION STATEMENT OF FACTS This is a suit to determine the right of the parties to the proceeds of 150 tons of Djimmah coffee, each shipment of 75 tons each of which was shipped from Ethiopia to the ports of New York and New Orleans. The motion before the court is a motion by Waterman Steamship Corporation (“Waterman”) for summary judgment against Continental Bank International ...
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MEMORANDUM Petitioner, a Virginia inmate, brings this action under 28 U.S.C. § 2254 in which he attacks his state court convictions for various drug offenses. The respondent is the Warden at the institution wherein the petitioner is presently confined. Jurisdiction is attained pursuant to 28 U.S.C. § 2241(a). The issues have been briefed by counsel and, as there are no disputed issues of fact, the...
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MEMORANDUM Mary B. Nanny brings this action under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary in which it was held that plaintiff was not entitled to disability benefits upon an application filed May 16, 1975. The sole issue before the Court is whether the final decision of the Secretary is based upon substantial evidence. See 42 ...
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ORDER AND DECREE Plaintiff, convicted of murdering his wife, is incarcerated in Kilby Correctional Center, Montgomery, Alabama. His original complaint, explicitly seeking injunctive and monetary relief under 42 U.S.C. § 1983, named seventeen defendants. Plaintiff later filed a separate writ of habeas corpus pursuant to 28 U.S.C. § 2254. Both actions were heard and are considered together. This ord...
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MEMORANDUM In this action three insurance companies, the John Hancock Mutual Life Insurance Company (“John Hancock”), .the Metropolitan Life Insurance Company (“Metropolitan"), and the Prudential Life Insurance Company of America (“Prudential”), seek to prevent the disclosure to the District of Columbia Chapter of the National Organization for Women (“D.C. NOW”) of certain EEO-1 forms and...
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ORDER ON DEFENDANTS’ MOTIONS This action was brought by the Attorney General on behalf of the United States pursuant to Title VIII of the Civil Rights Act of 1968 as amended, 42 U.S.C. § 3601 et seq. (The Fair Housing Act of 1968). The complaint alleges that the defendants have maintained a policy and practice of discrimination on the basis of race and color in the operation of the Chatham City A...
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ORDER Plaintiff is a federal prisoner currently incarcerated in the United States Penitentiary at Marion, Illinois. The defendant is the warden of that institution. 1 The plaintiff’s original complaint alleged that, while incarcerated at Leavenworth, Kansas, he was confined in a control unit for allegedly assaulting a federal employee. He then was convicted of assault and given a two year s...
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*1277 REASONS FOR JUDGMENT This suit claims damages resulting from injuries received in three separate accidents. Plaintiff, in the first count of the petition, seeks damages from Damson Drilling Company (Damson) for a hernia sustained, either on March 20 or May 15, 1973. The second count of the petition claims damages against Damson for neck injuries sustained during August, 1973. The third ...
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COURT’S RULING ON DEFENDANT’S MOTION TO REMOVE DEFAULT JUDGMENT A brief statement of the prior events in this case suffices to explain the present posture of the defendant’s motion to remove the default judgment. Plaintiff, a minor, was severely burned on November 11, 1970, in Royal Oak, Michigan, when a pair of pajamas allegedly manufactured and marketed by defendant was “cause to ignite” (Plain...
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423 F. Supp. 537 (1976) Charles TIMMRECK, Plaintiff, v. UNITED STATES of America, Defendant. Civ. A. No. 6-71867. United States District Court, E. D. Michigan, S. D. December 6, 1976. *538 Kenneth M. Mogill, Halpern, Mogill, Bush, Posner, Weiss & McFadden, Detroit, Mich., for plaintiff. Richard E. Zuckerman, Sp. Atty., U. S. Dept. of Justice, Detroit Strike Force, Detroit, Mich., for defendan...
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ORDER Defendant, Patrick Donald Ward, stands charged by a two-count Indictment with having willfully and knowingly introduced into and upon the grounds of the El Reno Federal Reformatory, marihuana, in violation of Title 18, United States Code, Section 1791, and Title 28, Code of Federal Regulations, Section 6.1, and with possession with intent to distribute marihuana in violation of Title 21, ...
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ORDER Defendants Michael Clay Mathews, Terry Ivan Berry, Herman Christopher Davies, Jr., and Alphonso Brooks stand charged by Indictment with the possession of marihuana with the intent to distribute, in violation of Title 21, United States Code, Section 841(a)(1). The defendants Mathews, Berry, Brooks and Davies have each filed a separate Motion to Suppress seeking the exclusion at trial of th...
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MEMORANDUM AND ORDER This case, before the Court on cross-motions for summary judgment, requires determination of whether certain provisions of the Consumer Credit Protection Act, 15 U.S.C. § 1601 et seq. (1970) (Truth-In-Lending Act) and regulations of the Federal Reserve Board issued thereunder, Regulation Z, 12 C.F.R. § 226.8 (1976), were violated by a credit sale contract p...
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MEMORANDUM OPINION AND ORDERS The third-party defendant the United States of America (the government) moved for a dismissal of the third-party claim against it for lack of the Court’s jurisdiction of the subject matter and of its person and for failure of the third-party plaintiff to state a claim upon which relief can be granted against it. Rules 12(b)(1), (2), (6), Federal Rules of Civi...
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MEMORANDUM AND ORDER There is now before the Court the “Motion to Dismiss and/or for Summary Judgment, and for a Stay of Proceedings” filed by Defendant Bell Helicopter Company [hereinafter “Defendant Bell”] on 18 November 1975. After thorough briefing by both Defendant Bell and Plaintiff Equal Employment Opportunity Commission [hereinafter “EEOC” or “Commission”], a hearing on oral argum...
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MEMORANDUM ORDER Jurisdiction of these actions exists by reason of alleged diversity of citizenship, 28 U.S.C. § 1332. The basis of the actions is the alleged negligence of defendant, Virginia Electric and Power Company (Vepco). Vepco is a public service corporation engaged in the production, distribution and sale of electricity, which, in part, is distributed and transmitted through the ...
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MEMORANDUM OPINION AND ORDER The United States of America has sued the Defendants for violation of Sections 1 and 2 of the Sherman Anti-Trust Act. It complains of Defendants’ acts arising from a contractual arrangement between the Defendant, Hercules, and a patentee, Karl Ziegler, now deceased and succeeded in interest by the Defendant, Studiengesellschaft Kohle, M. B. H. Defendants conte...
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ORDER Defendant Balistrieri having been convicted of income tax evasion in 1967, and having fully served his sentence, now presents a motion in the nature of a writ of error coram nobis seeking to overturn the jury verdict and subsequent judgment of conviction entered by this Court. Pursuant to the motion, defendant seeks to discover from the Government certain information utilizing the Federal Ru...
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MEMORANDUM This is a patent infringement suit filed pursuant to the patent laws of the United States by Kurt Ulrich Kalkowski against Ronco, Inc. He asserts that jurisdiction is conferred on this court by 28 U.S.C. § 1338(a); and that under 28 U.S.C. § 1400(b), venue over the controversy lies in this district. In a one-count complaint, Kalkowski alleges ownership of United States Patent N...
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MEMORANDUM DECISION The plaintiff Robert Grant brought this action for breach of a collective bargaining agreement pursuant to § 301 of the Labor-Management Relations Act, 29 U.S.C. § 185 (1970), against his employer, Mulvihill Brothers Motor Service, Inc. (Mulvihill), and his Union, Chicago Truckdrivers, Helpers, and Warehousemen of Chicago and Vicinity. Pending for decision is the Union...
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COURT’S RULING AND ORDER ON DEFENDANT’S MOTION TO DISMISS INDICTMENT This case is before the Court on the defendant’s motion to dismiss the indictment for failure to grant him a speedy trial in accordance with the- guarantees of the Sixth Amendment, the Fifth Amendment, and the Fourteenth Amendment, and for “unnecessary delay in bringing (him) to trial” as required by Rule 48(b) of the Federal ...
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OPINION AND ORDER This litigation consists of four actions pending in two different districts: three in the Western District of Washington and one in the District of Alaska. The plaintiffs in all four actions are salmon fishermen in the Bristol Bay, Alaska, salmon fishery. All the defendant companies are owners of canneries and fishing fleet maintenance and support facilities on Bristol Bay. Nine ...
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MEMORANDUM Defendants John Evans and Marcus Hand were charged in indictment 76 Cr. 502 with various offenses committed during their alleged participation in the armed robbery of a Chase Manhattan Bank branch located at 580 Third Avenue, New York, New York, on August 1, 1975. Their first trial, which began on October 5, 1976, resulted in a mistrial when the jury was unable to reach verdict...
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MEMORANDUM AND ORDER Petitioner Jacques Tirado is now serving a prison term of eight to twenty-five years, imposed by Justice Rosenberg, Supreme Court, New York County. Sentence followed a January 9, 1973 conviction by a jury on the charges of possession of a dangerous drug in the second degree, and criminally using drug paraphernalia in the second degree. The conviction was affirmed, People v...
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MEMORANDUM AND ORDER A store proprietor and a non-resident property owner seek to enjoin construction already in progress of an enclosed shopping mall in the City of Olean, New York at its presently contemplated size. They allege that the Department of Housing and Urban Development (“HUD”) failed to comply with the requirements of the National Environmental Policy Act (“NEPA”), 42 U.S.C. ...
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Willie Lee Foster, the plaintiff, brought this suit to review a final decision of the Secretary of Health, Education and Welfare, which denied him Social Security benefits for the period from January, 1972, to November 21, 1974. A chronological study of plaintiff’s disabilities and claims is necessary to understand the case. Foster is an unskilled black laborer, born in 1930. He lives in Linc...
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OPINION Background Plaintiffs, Richard A. Anderson and his wife, Joanne, are the proprietors of the Fireside Lounge, a restaurant/bar in the Hopewell Shopping Center, Beaver County, Pennsylvania. They brought this action against the defendant, International Brotherhood of Electrical Workers, Local No. 712, AFL-CIO (The “Union”) pursuant to § 303 of the National Labor Relations Act of 1947, as a...
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MEMORANDUM OPINION The Secretary of Labor brought this action to enjoin Defendant Sun Oil Company from violating certain provisions of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. The case is now before the Court on Defendant’s motion for summary judgment. Defendant contends that the Secretary failed to comply with the statutory directive of 29 U.S....
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MEMORANDUM ORDER AND OPINION This suit is an action for enforcement of an arbitration award made pursuant to a collective bargaining agreement under Section 301 of the Labor Management Relations Act. Plaintiff alleges that she was improperly denied the opportunity to return to work from a pregnancy leave of absence. Plaintiff attempted to return to work on January 14, 1974, but she was denied wor...
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MEMORANDUM OPINION AND ORDER This is an interpleader action filed by Dal-Mac Construction Company, Inc. to determine the rights of the defendants to certain funds which it has deposited in the registry of this court. Since the parties have agreed to the amounts of the claims, the only remaining questions in this case concern whether attorneys’ fees on the claims of Southwest Block & Sales, Inc. a...
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MEMORANDUM Plaintiffs, recipients of Aid to Families with Dependent Children (AFDC), in the State of Virginia, bring this action challenging the policies and regulations of the Department of Welfare for the Commonwealth of Virginia and the United States Department of Health, Education and Welfare (HEW), which compute as income, for the purposes of determining an AFDC grant, wages earned by an AFDC...
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ORDER Petitioner, Kathleen Schaffer, seeks to obtain the disclosure of any and all testimony given by witnesses before grand juries in the Eastern District of Wisconsin relating to the death of William Weber. The petition is properly before this Court under rule 6(e) of the Federal Rules of Crim.Pro-cedure.1 Kathleen Schaffer is charged in the Circuit Court of Milwaukee County with the murder of W...
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MEMORANDUM DECISION This is an action brought by plaintiff, Richard Miller, against defendant, United States of America, under the Federal Tort Claims Act to recover damages for personal injuries plaintiff suffered when he dove into shallow water in Crab Orchard Lake which is owned by defendant. Jurisdiction is here under 28 U.S.C. §§ 1346, 2671-2680. Plaintiff alleges that he was in the exerci...
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MEMORANDUM I. History of the Case Petitioner, Anthony Grandison, is before this court seeking enforcement of this court’s order issued on June 9, 1976. The basic issue is the meaning of “expungement.” In a Memorandum and Order dated June 9, 1976, this court held that petitioner was entitled to the issuance of a writ of habeas corpus under the holdings of Long v. Robinson, 316 F.Supp. 22 (...
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MEMORANDUM OPINION AND ORDER This is an action under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 626. Defendant has moved the Court to strike plaintiff’s jury demand on the grounds that there is no right to trial by jury in actions of this nature and on the grounds that the jury demand was not timely filed. Plaintiff has, in turn, moved the Court for a trial by jury pursuant to F...
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MEMORANDUM & ORDER GRANTING TEMPORARY INJUNCTION University of Minnesota and some of its Regents, officers and faculty members (Minnesota), aggrieved by the action of the National Collegiate Athletic Association (NCAA) in placing its athletic teams on indefinite probation for refusal to find three student athletes ineligible, seeks injunctive and declaratory relief from the sanction, clai...
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MEMORANDUM OF DECISION Defendant, the successful party in this action, has tendered its bill of costs to the clerk to be taxed as provided in Fed.R. Civ.P. 54(d). Plaintiff has filed objections to the allowances. These matters are now before the court for determination. The court is guided in its determination of the issues by the applicable statutes. 28 U.S.C. § 1821 (Witness fees and travel allo...
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OPINION Defendant was charged in the instant indictment, filed in this court on June 20, 1974, with conspiracy to distribute heroin and with distributing one-half a kilogram of heroin on each of two separate occasions in March of 1974.1 The indictment alleged that he received a total of $27,000 for these two sales. The indictment remained sealed until May 1, 1975 when it was unsealed and assigned ...
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OPINION This action, brought under § 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5; 17 C.F.R. § 240.10b-5, is currently before the court on plaintiff’s motion for conditional class action certification. Plaintiff, State Teachers Retirement Board (“the Board”), charges defendants, Fluor Corp. (“Fluor”), Manufacturers Hanover Trust Company (“Manufacturers”), and Mitchell Hutchins,...
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MEMORANDUM OF OPINION On February 17, 1976 plaintiff Helen Piascik, a woman, initiated an action charging the defendant Cleveland Museum of Art with rejecting her application for employment because of her sex in violation of 42 U.S.C. § 2000e, et seq.; 20 U.S.C. § 1681, et seq. 1 Plaintiff Piascik seeks a declaratory judgment pursuant to 28 U.S.C. §§ 2201-2202, injunctive relief, back...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The motion of defendant Ramon Rodriguez for granting of bail pending sentence in the above-entitled action having come on for hearing before the Honorable A. Andrew Hauk, United States District Judge, on November 22, 1976, defendant having appeared with his counsel, Simon Kornbrodt, and plaintiff having appeared through their attorneys, William D. Keller,...
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MEMORANDUM AND ORDER This is an action for trademark infringement and unfair competition arising under common law and the Federal Trademark Act of 1946, 60 Stat. 427, 15 U.S.C. § 1051 et seq. This matter is presently before the Court on Plaintiff’s Motion for Summary Judgment on the claim for trademark infringement. The basic question presented by the Motion is whether Defendan...
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MEMORANDUM OPINION The defendants have all filed motions for summary judgment on the basis of the pleadings, the depositions and answers to interrogatories on file with this Court, and the documentary materials annexed as exhibits to the motions. This memorandum opinion provides the backdrop and basis for the separately entered findings of fact and conclusions of law. PRELIMINARY STA...
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This matter is before the court on plaintiffs’ motion for summary judgment filed August 11, 1976 and defendant’s cross motion for summary judgment filed October 19, 1976. The facts are not in dispute and may be briefly summarized as follows: Howard Hall, a resident of Cedar Rapids, Iowa, died testate May 16, 1971 leaving a substantial estate. On May 24, 1971 his surviving spouse, Margaret Dougl...
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MEMORANDUM OPINION Burt Galaway, former director of a Minnesota corrections program known as the Minnesota Restitution Center, brought this 42 U.S.C. § 1983 claim based on his dismissal from the directorship, naming three defendants. They are Kenneth F. Schoen, Commissioner of the Minnesota Department of Corrections, Patrick Mack, Deputy Commissioner, and Thomas Lawson, Projects Coordinator of ...
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MEMORANDUM OPINION This matter comes on for determination with reference to defendant’s motion for new trial (Filing No. 35), and motion for subpoena and interrogation of jury (Filing No. 37), subsequent to oral argument and the submission of briefs by the parties hereto. Both motions are based upon the assertion that the jury was exposed to prejudicial publicity during their deliberation...
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MEMORANDUM Plaintiffs, a group of national and state banks and a trade organization formed to foster independent banking, instituted this action on November 20,1973, in the District Court of Douglas County, Nebraska, to obtain a declaratory judgment and injunctive relief against the defendant, The Omaha National Bank, for violating state and federal law by allegedly maintaining and operat...
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Four and a half years after being convicted by a jury of narcotics conspiracy and substantive offenses and sentenced as a second narcotics offender to a thirty (30) year term of imprisonment and a $20,000 committed fine, Elvin Lee Bynum has filed a pro se petition pursuant to § 2255 of Title 28 U.S.C. to vacate and set aside his sentence. Bynum assigns the contention to be found in a spate of curr...
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Defendant The New York Times Company (the Times) moves for judgment notwithstanding the verdict rendered by the jury in favor of the plaintiffs in this action. Fed.R.Civ.P. Rule 50(b). This is a libel action in which the jury awarded compensatory damages, but denied punitive damages, in favor of each of the plaintiffs against the Times and defendant Roland Clement, a vice president of the Natio...
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MEMORANDUM AND ORDER This diversity action arises out of a dispute between two fund raising consultants as to the division of certain fees and profits generated in connection with a fund raising campaign undertaken for the Catholic Diocese of Peoria, Illinois. Defendant has moved to dismiss the complaint, pursuant to Rule 12(b)(2), F.R.Civ.P., for lack of in personam juris...
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424 F.Supp. 339 (1976) UNITED STATES of America v. Ellis William MATTHEWS, Jr. Crim. No. 76-58. United States District Court, E. D. Pennsylvania. December 1, 1976. *340 William J. Winning, Asst. U. S. Atty., Philadelphia, Pa., for plaintiff. Robert G. Hanna, Philadelphia, Pa., for defendant. MEMORANDUM AND ORDER BRODERICK, District Judge. Ellis William Matthews, Jr. and Jerome Artis were tried b...
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OPINION In this case, which has been consolidated for hearing with Narragansett Tribe of Indians v. Southern Rhode Island Land Development Corp., Civil Action No. 76-0006, the Narragansett tribe [hereinafter referred to as plaintiffs] seek possession of certain land held by Dennis J. Murphy, Director of the Department of Natural Resources of the State of Rhode Island [hereinaft...
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MEMORANDUM OPINION AND ORDER The plaintiffs moved the Court to shorten to 15 days the time in which the respective defendants are required to respond to certain requests for admissions recently served on them by the plaintiffs.* Rule 36(a), Federal Rules of Civil Procedure; United States v. A. B. Dick Co., D.C. Ohio (1947), 7 F.R.D. 442, 443[3] (relating to answering interrogatories). Rule 36(a), ...
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MEMORANDUM OPINION Petitioner’s claim for relief from a forty year sentence imposed by the State of Texas poses the following question: Does the Double Jeopardy Clause of the Fifth Amendment bar a reindictment, a second trial, and a conviction based on a count in the second indictment, where, after a jury had been impaneled and sworn at the first trial, the state had abandoned an identical count ...
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DECISION AND ORDER This petition for issuance of a writ of habeas corpus is before the court to review the petitioner’s claim that the identification procedures employed by the Kenosha police at their stationhouse were so unnecessarily suggestive and conducive to irreparable misidentification that the use of the in-court identification constituted a denial of due process. For the reasons hereinaft...
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ORDER This cause came on for hearing before the Court on November 22, 1976 on the plaintiff’s Rule 37(b) motion to dismiss or strike the defendants’ “Petition for Permission to Process Adverse Action Against Bertram Perry.” At the same time, the Court has considered the question of the extent to which there remains an actual controversy' in this case. Based on the factual circumstances here prese...
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MEMORANDUM OPINION I. The Procedural Background This is an action by plaintiffs to set aside an Order of the Interstate Commerce Commission (the Commission) entered in an administrative general revenue proceeding identified as Ex Parte No. 267, Increased Freight Rates, 1970 and 1971. 1 The Order here challenged is dated August 6, 1973, and concerns fre...
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MEMORANDUM OPINION Philippe Andre Sinclair (“Sinclair”) has been charged in a three count indictment 1 with, generally, interfering with Internal Revenue Service agents who were seizing an automobile. Currently before the Court is Sinclair’s motion for a change of venue which provides: “The defendant moves for a change of venue on the grounds that he cannot receive a fair trial in Delaware ...
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MEMORANDUM AND ORDER This cause is before the court on the objections of cross-defendant First National Bank and Trust Company In Alton, executor of the estate of Joseph E. Knight, deceased, (Estate of Knight) to the Report of Special Master Milton H. Gray 1 and on the motion of the receiver to adopt said Report. For the reasons hereinafter stated, the Report shall be accepted ...
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OPINION The case at bar arises under 42 U.S.C.A. § 1983 which provides: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and...
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424 F.Supp. 770 (1976) HARLOW & JONES, INC., a New York Corporation, Plaintiff, v. ADVANCE STEEL COMPANY, a Michigan Corporation, Defendant. Civ. A. No. 5-70979. United States District Court, E. D. Michigan, S. D. November 30, 1976. *771 James K. Robinson, Honigman, Miller, Schwartz & Cohn, Detroit, Mich., for plaintiff; Franz S. Leichter, Wachtell, Manheim & Grouf, New York City, of counsel. All...
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MEMORANDUM OF DECISION Pursuant to the application of Coleman Harper Bell (petitioner), an order was entered by Honorable J. David Orlansky, the full-time magistrate of this court, on November 21, 1975, permitting petitioner to proceed herein in forma pauperis. The application was referred to the magistrate for his report and recommendations which have now been received. After reviewing the report...
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OPINION AND ORDER This litigation consists of 35 actions pending in three districts: twenty-one in the Eastern District of Louisiana; eight in the Southern District of West Virginia; and six in the Western District of Louisiana. 1 Plaintiffs in these actions, with one exception, are several truck drivers formerly or presently employed by Liquid Carbonic Corporation who allege...
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This is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petitioner was convicted after a jury trial in New York Supreme Court, Bronx County of common law murder and possession of a weapon. On April 5, 1973, petitioner was sentenced to an indeterminate term of imprisonment of 18 years to life on the murder charge to run concurrently with a one year sentence for the weapon ...
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OPINION Petitioner Laudati is currently serving concurrent sentences of 20 years to life imprisonment for the murder of his wife and son. The bodies of Laudati’s wife and child were found on April 1, 1968. On the afternoon of March 30, Laudati had tried to hold a press conference regarding the “Communist-Mafia conspiracy” at the FBI building in New York City. A police officer took him to a psyc...
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MEMORANDUM This motion seeks the appointment of an Auditor pursuant to Rule 53 of the Federal Rules of Civil Procedure: (i) to determine which of the approximately 1334 computer tapes that the defendant asserts contains its Leased Base Machine Inventory (LBMI) file and its Purchase Base Machine Inventory (PBMI) file are required to create statistics sought by the Government; (ii) to obtain from th...
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ORDER Plaintiffs brought this personal injury action against the Defendant, an employee of the United States Postal Service, in the District Court for Oklahoma County, State of Oklahoma, for alleged negligence in a motor vehicle collision in which the government employee’s vehicle, a United States Postal Service mail truck, was involved. The United States Attorney, acting for the Attorney Gener...
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MEMORANDUM AND ORDER This is an action brought by the United States against the Duquesne Light Company of Pittsburgh to enforce the contractual obligations imposed by Executive Order No. 11246, as amended (3 C.F.R. 169 et seq.). The Executive Order provides that all (nonexempt) contractors with the government agree to engage in non-discriminatory employment practices as part of their contract...
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OPINION Herbert Wilkins was convicted by a jury of kidnapping, 1 violating the Mann Act, 2 and conspiracy to commit these offenses. He has filed post-trial motions asserting there was improper denial of pre-trial discovery, prejudice from my asking questions of a government witness, prosecutorial misconduct, and error in the jury charge. For the reasons which follow, defendant’s motions wil...
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OPINION The petitioner is currently on parole under a 15-year sentence imposed on November 15, 1972, following his conviction in a jury trial for bank robbery (Criminal Action 72-34). He has filed this action alleging that his constitutional rights were violated when the prosecutor used the petitioner’s “pretrial silence” to impeach petitioner’s testimony at his trial. In support of this claim,...
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*233 MEMORANDUM OPINION AND ORDER This personal injury action was commenced by Richard J. Stephenson for injuries allegedly suffered while in the course of his employment as a seaman on board the F/V GOLDEN SCARAB. The complaint alleges that on November 13, 1968, defendant, Star-Kist Caribe, Inc. owned, operated and controlled the aforesaid vessel and consequently is liable for the negligence...
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DECISION AND ORDER The International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (“UAW”) and its Local Union No. 1007 have petitioned the court for an order compelling the respondent company, Western Publishing Company, Inc. (“Western”), to arbitrate certain disputes between the parties pursuant to a collective bargaining agreement. Jurisdiction lies under th...
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DECISION AND ORDER There are two actions involved herein, and both involve the same parties and issues. Each action has a motion pending, and the two are consolidated for purposes of this decision. In Milprint v. Curwood, C.A. No. 76-C-201, the plaintiff seeks a declaration of its rights with respect to a reissue patent and its predecessor patent and various licensing agreements between the...
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RULING ON DEFENDANTS’ MOTIONS TO DISMISS AND MOTION TO STRIKE The defendants, Manchester Memorial Hospital and Standard Builders, Inc., have filed joint motions pursuant to Rules 12(b) and 12(f), Fed.R.Civ.P., requesting that the Court dismiss this action and that it strike impertinent matter from paragraphs 13 and 14 of the complaint. The dismissal motion alleges that the plaintiffs lack...
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MEMORANDUM OPINION Plaintiffs Robert Wurz and his wife Margie Wurz bring this suit seeking compensation for personal injuries that Wurz allegedly suffered on three different occasions while employed as a marine pipe layer superintendent aboard a barge allegedly owned and operated by the defendants. Federal court jurisdiction is predicated on the Jones Act (46 U.S.C. § 688) and on the general mari...
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ORDER AND MEMORANDUM OPINION This cause came before the court on a motion for preliminary injunction to enjoin the holding of the forthcoming elections of the City of Longwood, Florida, without the inclusion of the plaintiff’s name on the ballot for city council. During the hearing, counsel for the plaintiff asked the court to consolidate the hearing with the trial on the merits. Because of the...
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MEMORANDUM AND ORDER This is a maritime personal injury action brought under the Jones Act. The court has before it a Motion for Protective Order and an objection to interrogatory answers with a motion to compel. The sole question presented by these motions is whether the plaintiff may be deposed by the defendant before the defendant must produce a statement taken from the plaintiff. The court has...
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MEMORANDUM This matter comes before the court pursuant to a stipulation of facts and the submission of trial and post-trial briefs by the parties. Cargill, a grain importer, brings this suit against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b) and 2671 et seq., claiming that the government was negligent in handling and processing its req...
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MEMORANDUM AND ORDER This private antitrust action was commenced on September 24, 1973 by Diehl & Sons, Inc. (“Diehl”) and its subsidiary, Truck Rent-A-Center, Inc. (“TRAC”), against International Harvester Company (“Harvester”) and International Harvester Credit Corporation (“IHCC”), its wholly-owned subsidiary. The original complaint has in effect been superseded by a supplemental compl...
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MEMORANDUM This is an appeal from the order of the Honorable John J. Galgay, Bankruptcy Judge, dated February 23 and filed February 24,1976, jurisdiction in this Court being based on Section 39c of the Bankruptcy Act, 11 U.S.C. § 67(c) and Part VIII of the Bankruptcy Rules. The issue presented is whether Shearson Hayden Stone, Inc. and Yale University (referred to collectively herein as “...
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MEMORANDUM AND ORDER Plaintiff, alleged purchaser of “shares of beneficial interest” in BT Mortgage Investors (BTMI), bases his complaint on the charge that the defendants entered into a plan to conceal from BTMI shareholders and the investing public the true financial condition of BTMI in violation (1) of sections 10(b) and 14(a) of the Securities Exchange Act of 1934,15 U.S.C. §§ 78j & ...
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In January 1976 Milton Moshlak commenced suit (76 Civ. 260) against American Broadcasting Company (ABC). The first and fourth claims of that complaint allege *775 ABC has violated its collective bargaining agreement with Local 52 of the International Alliance of Theatrical Stage Employees and Motion Picture Machine Operators, AFL-CIO (of which Moshlak is President) by assigning to ...
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MEMORANDUM OF DECISION AND JUDGMENT PRELIMINARY STATEMENT Polly Ann Barber filed this action on May 3, 1974, seeking civil penalties under the Consumer Credit Protection Act (“Truth-in-Lending Act”), 15 U.S.C. § 1601, et seq. On June 11, 1975, a class was certified under Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure, consisting of the plaintiff and perso...
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MEMORANDUM AND ORDER Presently before the Court are plaintiffs’ motions for contempt and/or for supplemental injunctive relief. The motions are based on allegations that defendants have failed to comply with a Consent Decree entered in this action on June 20, 1974. The history of this litigation is necessary to an understanding of the present motions. In 1973, Trooper Bolden, a minority member of...
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OPINION In this civil rights action brought under 42 U.S.C. § 1983 the plaintiff Jeffrey Lynn Fenton, a former high school student, sues the defendants individually and as officials of the Marion Center Area School District in Indiana County, seeking injunctive relief, compensatory and punitive damages, an apology from the defendants, expunction of his disciplinary record, recovery of cos...
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423 F.Supp. 941 (1976) CONSOLIDATED RAIL CORPORATION, Plaintiff, v. STATE OF ILLINOIS et al., Defendants. Civ. A. No. 76-9. Special Court, Regional Rail Reorganization Act. November 29, 1976. Certiorari Denied February 22, 1977. *942 *943 John G. Harkins, Jr., Laurence Z. Shiekman, Charles J. Bloom, Kenneth I. Levin, Katherine K. Dodd, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for the pl...
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RULING ON PLAINTIFFS’ MOTIONS FOR CLASS CERTIFICATION AND FOR PRELIMINARY INJUNCTION Plaintiffs are four minor children who reside with their great aunt and received foster care payments from the State of Connecticut from April 1973 until May *1008 1976. In this civil rights action, 42 U.S.C. § 1983, seeking declaratory and injunctive relief, they challenge, on constitutional...
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MEMORANDUM OPINION AND ORDER The defendant Delta Boat & Barge Rental, Inc. initially served its third-party complaint against Pasport Barge Fleet, Inc. via the Louisiana long-arm statute, but we granted the motion of Pasport to dismiss for the lack of jurisdiction in personam. See Minute Entry of November 16, 1976 [Record Doc. # 166 in C.A. No. 75-491]. Now having been re-served pursuant to the 1...
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OPINION The American Meat Institute, a national trade association of the meat packing industry, has filed this suit for declaratory judgment, challenging Section 4a of the Michigan Comminuted Meat Law, M.S.A. § 12.-964(4.1); M.C.L.A. § 289.584a. That section requires grocers and restauranteurs who sell meat and meat products whose ingredients do not meet the standards set by the State of ...
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This lawsuit was filed after plaintiff Betty Henry discovered that defendant Retail Credit Company had provided for its client Burlington Northern Inc. a report on plaintiff’s personal background, employment and financial status. Plaintiff alleges that defendants’ conduct has violated provisions of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681-1681t (1974), as well as State and Federal const...
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Finding there was not an employer-employee relationship between plaintiff and the cousin with whom she lived for many years (and for whom she was allegedly a domestic employee for some of those years), and thus that plaintiff did not receive covered “wages” during the times in question, the defendant Secretary has denied plaintiff’s claim for retirement insurance benefits under 42 U.S.C. § 402(a)....
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ORDER This is a Federal tort claims action for alleged medical malpractice arising from treatment rendered to Plaintiff by personnel employed by the Department of the Air Force, an agency of the United States. Defendant has filed a Motion for Hearing Issue of Cause of Action Being Barred by Statute of Limitations which is supported by a Brief. Plaintiff has filed a Response opposing said Motion. P...
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MEMORANDUM OF OPINION AND ORDER Petitioner, paroled since March 5, 1975, filed this petition for a writ of habeas corpus attacking his convictions for violation of California Penal Code § 12021 and California Vehicle Code § 10851. Petitioner raises several grounds for relief: (1) the failure of the trial court to grant his motion for severance, (2) the procurement of eyewitness identifications ...
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MEMORANDUM This action arises under the Federal-Aid Highway Act of 1956 (“Highway Act”), as amended, 23 U.S.C. §§ 101 et seq., the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. §§ 1601 et seq., and certain regulations 1 issued by the defendant Secretary of Transportation (“the Secretary”) pursuant to these Acts. Plaintiff is a political subd...
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*84 FINDINGS OF FACT, CONCLUSIONS OF LAW, and FINAL JUDGMENT THIS NON-JURY TRIAL was heard by the Court on October 21,1976. Based upon the testimony adduced by and in behalf of the respective parties, the exhibits received in evidence, argument by respective counsel, the several Memoranda of Law and an examination of the entire record, this Court herewith makes the following Find...
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MEMORANDUM AND ORDER Plaintiff, Crown Central Petroleum Corporation, seeks to prevent defendants, Kleppe 1 and Shelton, 2 from disclosing to a third person 3 the Standard Form 100, Employer Information Report EEO-1 (hereinafter EEO-1), which the plaintiff filed through the Joint Reporting Committee 4 on June 16, 1975. This court has jurisdi...
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MEMORANDUM AND ORDER The defendant in this criminal case was charged with violating 18 U.S.C. § 2314 by an indictment which reads: On or about August 12, 1974, JOHN ROBERT EMLER, defendant herein, did transport and cause to be transported in interstate commerce from Detroit Michigan, in the Eastern District of Michigan, Southern Division, to Gary, Indiana, a falsely made and forged security, that ...
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MEMORANDUM OPINION AND ORDER This suit was initiated by the Secretary of Labor against Babcock and Wilcox Company, alleging, inter alia, that the defendant discharged one of its employees, Sammie Dedman, in violation of the anti-discrimination provision, § 11(c), of the Occupational Safety and Health Act of 1970 (29 U.S.C. §§ 651-678), (hereinafter OSHA), which provides: “No person shall di...
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OPINION Following the remand of the above styled case to this Court, Steele v. G. D. Searle & Co., 5 Cir., 483 F.2d 339, the defendant filed a motion for summary judgment predicated upon its earlier asserted defense that the applicable Kansas statute of limitations bars this action in Mississippi. It is to this issue that the briefs and oral argument of opposing counsel have be...
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OPINION AND ORDER May those who purchase farms, portions of which have been summer-fallowed at the vendor’s1 expense, deduct the reasonable value of the summer fallowing as ordinary business expenses? This case poses that question, and the answer is “no.” In the pretrial order it is agreed that: Summer fallow is a method of farming utilized by some farmers in areas where the rate of rainfall or pr...
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MEMORANDUM AND ORDER Petitioner seeks a writ of habeas corpus. 28 U.S.C. § 2254. He was found guilty in a New York State court of the kidnapping and killing of the eight-year-old daughter of his former girlfriend. People v. Edney, 39 N.Y.2d 620, 385 N.Y.S.2d 23, 350 N.E.2d 400 (1976). His claim now is that the State violated his federal constitutional rights by calling a psychi...
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This class action suit, brought on behalf of prisoners in New York State correctional facilities, challenges N.Y. Correction Law § 213, which sets the standard for parole release decision-making, as unconstitutional under the due process and equal protection clauses of the Fourteenth Amendment. In an earlier opinion, the claim of racial, class and ethnic discrimination was dismissed “unless plain...
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MEMORANDUM Defendants move for a certification under 28 U.S.C. § 1292(b) permitting immediate appeal from the court’s order of March 17, 1976, denying in part their, motion to dismiss this case. (Familiarity with the earlier opinion at 410 F.Supp. 1080 is assumed.) Certification is proper if the district court is of the “opinion” that “such order involves a controlling question of law as ...
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On May 4, 1976, the above-captioned medical malpractice action, tried before this Court and a jury, was concluded by the jury’s return of a verdict for defendant. An appeal from the judgment pursuant to that verdict is presently pending in the Second Circuit. Plaintiffs now move this Court for a new trial under Rule 59 F.R.Civ.P. Although the time within which plaintiffs might have duly moved unde...
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OPINION These consolidated cases are purported class actions for securities fraud brought by plaintiffs against Westinghouse Electric Corporation and certain of its officers and agents (hereinafter referred to collectively as “defendants”) primarily under Section 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. § 78j(b)) and Rule 10b-5, promulgated thereunder (17 C.F.R. § 240.-lOb-5).1 The...
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OPINION This is a civil rights action brought by seventeen juveniles, on behalf of themselves and others similarly situated, challenging the conditions of confinement and treatment at the Youth Study Center (“YSC”), Philadelphia, Pennsylvania, and seeking injunctive and declaratory relief and damages. Plaintiffs have moved for class action certification. We grant their motion as it applies to inj...
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OPINION AND ORDER I. Preliminary Statement This case presents yet another of the myriad situations which test the intended *1128 scope of Pennsylvania’s long-arm statute. 1 The underlying lawsuit is an action by a corporate owner of Pennsylvania real estate for alleged breach by a nonresident individual of an agreement to purchase that real estate. ...
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OPINION The above-captioned case was originally assigned to the late Chief Judge Sheridan and a mistrial therein was declared by him on February 9, 1976, when the jury was unable to reach a verdict. Following Judge Sheridan’s death on August 23, 1976, the case was reassigned to the undersigned judge on October 1, 1976. During the trial, Judge Sheridan had denied motions for a directed verdict m...
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424 F.Supp. 732 (1976) Victoria Ann CAPE v. TENNESSEE SECONDARY SCHOOL ATHLETIC ASSOCIATION et al. Civ. No. 3-76-234. United States District Court, E. D. Tennessee, N. D. November 24, 1976. *733 *734 Ann Mostoller, Dorothy B. Stulberg, Oak Ridge, Tenn., for plaintiff. *735 Phil Condra (School Board), Oak Ridge, Tenn., Charles Hampton White (TSSAA), Nashville, Tenn., for defendants. MEMORANDUM RO...
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This is a suit by Joint School District No. 1 to recover from the Internal Revenue Service (“IRS”) taxes alleged to have been erroneously and illegally assessed and collected. Trial was had to the Court on April 1, 1976, and the matter was taken under advisement. For the reasons hereinafter stated, judgment is awarded the defendant dismissing the complaint. The facts as they appear from the ple...
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DECISION DENYING PETITION FOR WRIT OF HABEAS CORPUS This case, having come on for argument and hearing on November 1, 1976, the Court, being fully advised in the premises, now renders its decision denying the Petition for Writ of Habeas Corpus. On August 31, 1974, (by jury verdict), on April 9,1975 (by negotiated guilty plea) and on May 16,1975, (by negotiated guilty plea), the Petitioner, Peter J...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The motion of defendant, United States of America, to dismiss said defendant from the plaintiff’s First Amended Complaint, having come on regularly for hearing before the Honorable A. Andrew Hauk, United States District Judge, on the 1st day of November, 1976, plaintiff having appeared through, her attorneys, Richard A. Daily and Arthur J. Aune, and defen...
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MEMORANDUM AND ORDER The plaintiffs in this case are five retired bituminous coal mine workers who are members of the United Mine Workers of America union (“UMWA”). The defendants are that union and its president, Arnold Miller. The plaintiffs claim that the defendants have violated a number of their rights of expression and of fair representation in collective bargaining negotiations. At...
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MEMORANDUM AND ORDER I This case presents a complex question of statutory interpretation under the 1975 Child Support and Establishment of Paternity Amendments to Title IV of the Social Security Act (the Act), 42 U.S.C. § 601 et seq. Those amendments, in pertinent part, added a comprehensive new federal-state program for child support and the establishment of paternity at Title IV-D of the ...
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ORDER OF COURT This is a class action brought under the Securities and Exchanges Act of 1934 for damages and other relief. The case is presently before the Court pursuant to the Court’s orders of January 14, 1976, and February 24, 1976, which conditionally denied defendants’ motions to compel discovery. All defendants, other than Price Water-house & Co., filed a motion to compel answers to interr...
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*1120 CONCLUSIONS OF LAW and ORDER FOR JUDGMENT Following oral argument on November 3, 1976, this matter was submitted to the Court for final disposition. The parties, prior to said hearing, entered a joint stipulation of facts and exhibits, and no objection has been made to the Court’s taking of jurisdiction pursuant to 38 U.S.C. § 775. 1 Hence, the only question remaining for consideratio...
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*1206 MEMORANDUM AND ORDER This case requires consideration of the boundaries of admiralty jurisdiction. The channels in these jurisprudential waters are not always buoyed with complete certainty. Plaintiff Frank B. Hall & Co., Inc. (“Hall”) is an insurance broker, dealing, among other matters, in the placement of policies of marine insurance. Hall commenced this action agai...
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This diversity case was tried to the Court without a jury. Plaintiff, claiming breach of contract and unlawful enticement of a key employee, sought damages and injunctive and declaratory relief. The plaintiff had for some years operated the food and beverage facilities of the Old Swiss House in Busch Gardens, Tampa, Florida, a unique tourist attraction owned by the corporate defendant. The...
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MEMORANDUM AND ORDER Petitioner Richard Conroy, currently incarcerated in a New York State prison, having been sentenced to life imprisonment for murder in the first degree, has brought this petition for habeas corpus pursuant to 28 U.S.C. §§ 2241 and 2254, alleging violations of his rights under the Fourth, Fifth and Fourteenth Amendments to the United States Constitution. Subsequent to the ...
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ORDER The above entitled cause comes before this Court upon the appeal of Phoenix Telco Federal Credit Union (Phoenix), appellant herein, from an order of the Bankruptcy Court. Phoenix appeals from the finding of the Court that Betty McMillin (McMillin), appellee herein and bankruptcy trustee of the estate of Patricia Ann Martindale (Martindale), has a prior and superior interest in the 1973 GMC ½...
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MEMORANDUM OPINION On September 28, 1976, the Internal Revenue Service (IRS) served upon the First Pennsylvania Bank a summons directing the Bank to deliver to the IRS copies of all of its records and documents relating to petitioner Daniel J. Callahan. The Bank informed petitioner of the summons and advised him that it was required to comply unless petitioner obtained a restraining order. Peti...
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MEMORANDUM OPINION AND ORDER This is a pro se civil action for money damages “ * * * authorized [b]y 42 U.S.C. [§] 1983. * * * ” The complaint alleges the Court’s jurisdiction under 28 *498U.S.C. § 1343, presumably subsection (3), and also seeks declaratory relief under 28 U.S.C. §§ 2201, 2202.* The gravamen of the plaintiff’s claim is that the defendant, claimed to be a “bondsman,” was guilty of...
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MEMORANDUM OPINION In his spare time from his duties as a professor in a London college, Dr. Alexander Comfort wrote what proved to be a popular book which he titled “The Joy of Sex”, (hereinafter Joy). It was published by Modsets Securities, Ltd., (hereinafter Modsets) a British Company. After signing the publishing contract Comfort realized that his gathering wealth from royalties was going to b...
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MEMORANDUM AND ORDER This action was brought by Dr. Alfred R. Lapin as father and next friend of Brian R. Lapin to set aside an order of the Social Security Administration denying Brian supplemental social security income benefits as provided for in Title XVI of the Social Security Act (the Act), 42 U.S.C., § 1381 et seq. (1970). Brian is a 27 year old male who is disabled and who receives in...
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MEMORANDUM OPINION I. The Factual Background This action arises under the Federal Credit Union Act of 1934, as amended, 12 U.S.C. § 1751, et seq. Plaintiff seeks a declaration that defendant’s action in denying its application for a federal credit union charter for its membership was arbitrary, capricious and discriminatory, and in excess of, and contrary to the provis...
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OPINION Robert B. Krauss, Jr. arid Ethelene F. Krauss (hereinafter referred to as “plaintiff”) filed this action seeking damages for injuries suffered when Robert B. Krauss, Jr. was struck by part of a machine owned, maintained, and operated by defendant Keibler-Thompson Corp. The plaintiff has filed a motion to strike the affirmative defenses of contributory negligence and assumption of the risk...
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MEMORANDUM OPINION AND ORDER Plaintiff, the Wright-Austin Company, has brought this action pursuant to Section 301 of the Labor Management Relations Act, Title 29 U.S.C. Section 185, and the Declaratory Judgment Act, Title 28 U.S.C. Section 2201, seeking a declaratory judgment as to all defendants that the Opinion and Award of Arbitrator Alan Walt, entered on June 22, 1976, in the Matter ...
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MEMORANDUM OPINION . Harrison Berrier, an inmate at the State Prison of Southern Michigan at Jackson, Michigan, was convicted of first degree murder on January 19, 1971 in the Washtenaw County Circuit Court and later sentenced to a term of life imprisonment. On appeal the Michigan Court of Appeals held that the evidence did not support a conviction of first degree murder. People v. ...
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427 F.Supp. 497 (1976) Robert B. KENDRICK, Jr., Plaintiff, v. COMMISSION OF ZOOLOGICAL SUBDISTRICT et al., Defendants. No. 76-614C(4). United States District Court, E. D. Missouri, E. D. November 22, 1976. *498 Michael W. Forster, Coburn, Croft, Sheppard & Herzog, St. Louis, Mo., for plaintiff. Timothy L. Stalnaker, Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., for defendants. MEMO...
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OPINION AND ORDER This litigation consists of five actions pending in three different federal districts — two each in the District of Kansas and the Eastern District of Wisconsin, and one in the Northern District of Ohio. All the actions involve the validity and alleged infringement of a single patent, No. 3,875,-607, the rights to which are held by FMC Corporation. The patent relates to the co...
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OPINION In the present action, plaintiff charges the defendants with combination and conspiracy in unreasonable restraint of trade in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, and attempts to monopolize in violation of Section 2 of the Sherman Act, 15 U.S.C. § 2. Plaintiff, now moves to strike an affirmative defense from defendants’ answer, and for dismissal of defendants’...
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OPINION Plaintiffs in this lawsuit challenge certain alleged practices in the Bergen County housing market. They charge that the defendants, who allegedly represent the entire real estate industry in Bergen, engage in racial discrimination in the sale and rental of housing in the County. Plaintiffs proceed under the asserted authority of a variety of federal laws, including the Civil Rights Act...
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OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW The plaintiffs, New York City Transit Authority and Manhattan and Bronx Surface Transit Operating Authority, are public benefit corporations created by the Public Authority Law of the State of New York,1 which operate buses in New York City. In April 1973 plaintiffs entered into separate contracts with defendant Exxon Corporation (“Exxon”)2 under w...
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OPINION and ORDER This cause is before the Court on cross motions for summary judgment filed pursuant to Fed.R.Civ.P. 56. Plaintiffs William W. Sachs and Dorothy A. Sachs are husband and wife. They owned 79 acres and leased 720 acres of farmland in Sandusky County, Ohio, in 1971, the tax year in suit, on which they raised sugar beets, tomatoes and cucumbers (pickles). Plaintiffs empl...
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JOURNAL ENTRY DECREE OF JUDGMENT This action came on for consideration by a three-judge panel convened pursuant to 28 U.S.C. Section 2281. On November 20, 1974, this action was stayed pending the outcome of the case of Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. then before the United States Supreme Court. The parties agreed that the outcome of said case would be d...
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ORDER Defendants Joyce Ann Weeks and Billy Wayne Myers stand charged by Indictment with having wilfully and knowingly introduced into and upon the grounds of the El Reno Federal Reformatory, marihuana, in violation of Title 18, United States Code, Section 1791, and Title 18, Code of Federal Regulations, Section 6.1. The defendants have filed herein Motions to Suppress seeking the exclusion at tria...
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ORDER GRANTING MOTION FOR SUMMARY JUDGMENT The issues herein discussed and decided are before the court by way of plaintiff’s motion for summary judgment as to all issues raised in the complaint and counterclaim in the captioned action. The motion for summary judgment with a supporting memorandum of points and authorities was filed with the court on August 20, 1976. Thereafter, defendant ...
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MEMORANDUM OPINION AND ORDER The defendants, Robert Sarver and Charlie Sides, have filed a motion for judgment notwithstanding the verdicts of the jury in this action, pursuant to Rule 50(b) of the Federal Rules of Civil Procedure, or, in the alternative, a new trial, pursuant to Rule 59 of the Federal Rules of Civil Procedure. The Honorable Terry R. Kirkpatrick, Assistant Attorney General1 has f...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The above-entitled matter came on for trial before the Honorable A. Andrew Hauk, United States District Judge in and for the Central District of California, on November 8, 1976; the plaintiff Sergio P. Montoya appearing in person and through his attorney, and plaintiff Interinsurance Exchange of the Automobile Club of Southern California appearing through it...
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. OPINION AND ORDER After eight weeks of trial encompassing some seventy-three witnesses and one hundred eighty-six exhibits, defendant was convicted of armed bank robbery under 18 U.S.C. § 2113(a), (d) and use of a firearm to commit a felony under 18 U.S.C. § 924(c). Sentence having been imposed, defendant now brings this motion for a new trial on grounds of “newly discovered evidence”. The al...
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MEMORANDUM AND ORDER The primary question posed by defendant Patricia Campbell Hearst’s motion for bail pending appeal is whether defendant is such a flight-risk that this Court “has reason to believe that no one or more conditions of release will reasonably assure” that she will not flee. 18 U.S.C. § 3148. For the reasons hereinafter stated, I find the defendant is not such a flight risk and...
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MEMORANDUM OPINION I. THE CAUSE OF ACTION THIS CAUSE (hereinafter, Moretti II) came before the Court on remand from the Fifth Circuit, 526 F.2d 1806 (1976), for an evidentiary hearing on the manner of restoration to be performed by Moretti, Inc., affording defendant Moretti, Inc. an opportunity to present its objections to the feasibility and environmental advisability of ...
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423 F. Supp. 720 (1976) L. W. SIMPSON and Shirley Simpson, Plaintiffs, v. UNITED STATES of America, Defendant. Civ. No. 75-39-2. United States District Court, S. D. Iowa, C. D. November 19, 1976. *721 Richard A. Malm, John H. Raife, Des Moines, Iowa, for plaintiffs. George H. Perry, U. S. Atty., Des Moines, Iowa, Thomas R. Jones, Atty., Tax Div., Dept. of Justice, Washington, D.C., for defendant....
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The Complaint filed by Margaret Hodges, wife of/and Wilson P. Abraham, plaintiffs, against the United States of America, defendant, seeking the refund of taxes paid by the plaintiffs to satisfy 50 per cent of the deficiency taxes and deficiency interest assessed against Paula Construction Company for the taxable periods 1964 and 1965, came on for he...
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MEMORANDUM OPINION The court has before it an appeal from the Bankruptcy Court wherein the Judge in Bankruptcy dismissed the Plaintiff/Appellant’s complaint which prayed for the determination of non-dischargeability of the bankrupt, Defendant/Appellee herein. The nature of the debt in question is an award of attorney’s fees granted pursuant to a divorce decree. A timely Notice of Appeal has brough...
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MEMORANDUM ORDER The plaintiff, Marquette National Bank of Minneapolis (Marquette Bank), is a national banking association located and having its principal place of business in Minneapolis, Minnesota. The defendant First National Bank of Omaha (Omaha Bank) is a national banking association located and having its principal place of business in Omaha, Nebraska. The defendant First of Omaha ...
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423 F. Supp. 732 (1976) Nazareth GATES et al., Plaintiffs, v. John COLLIER et al., Defendants. No. GC 71-6-K. United States District Court, N. D. Mississippi, Greenville Division. November 19, 1976. *733 Ronald Welch, Jackson, Miss., Shawn F. Moore, Justice Dept., Washington, D.C., for plaintiffs. Roger Googe, Asst. Atty. Gen., Jackson, Miss., for defendants. MEMORANDUM OPINION KEADY, Chief Judg...
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FINDINGS AND OPINION In the case of United States v. Joseph W. Williams, Case No. 23,865, it was charged by a Federal Grand Jury “that from on or about the 7th day of March, 1972, to on or about the 18th day of April, 1972 (defendant Williams) willfully and knowingly engaged in the business of dealing in firearms at his residence and at Andy’s Furniture Auction, both places bei...
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OPINION AND ORDER This is an action to review a final decision of the defendant determining that the plaintiff William R. Davis (William) was overpaid $9,585.30 and that the plaintiff Marjorie M. Davis (Marjorie) was overpaid $760.60 in retirement insurance benefits *276and that a recovery of such amounts cannot be waived. For many years William owned a jewelry business. In 1966 he incorporated it...
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MEMORANDUM Plaintiff instituted this action on January 6,1976, under § 205(g) of the Social Security Act (hereinafter referred to as the Act), 42 U.S.C. § 405(g), to review a final decision of the Secretary of the Department of Health, Education and Welfare which denied her claim for disability insurance benefits under the Act.1 Currently, pending before the Court are cross-motions for summary jud...
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MEMORANDUM THIS MATTER is before the Court upon the renewed Motion to Dismiss of defendant Jerome Merwald and the Motions for Partial Summary Judgment of defendants Richard R. Andersen, Roy J. Wilson and Timothy G. Mead. This is a civil rights action brought pursuant to 42 U.S.C. §§ 1983, 1985(3) and 1986. Jurisdiction is predicated upon 28 U.S.C. §§ 1331,1332 and 1343. I The ch...
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Defendants Cook Industries, Inc. and Cook and Company (“Cook”) move to disqualify the law firm of Delson and Gordon and Frederick W. Meeker, an associate in the firm, from continuing to represent plaintiffs in this action. For the reasons hereinafter discussed, the disqualification motion is granted. *1059 I. The Basis of the Present Action The Government of India has...
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Defendant, formerly employed by plaintiff as a sales representative in its commodities brokerage business, has moved for summary judgment on the ground that plaintiff’s claim is on a “special promise to answer for the debt ... of another” which must be, and in this case is not, evidenced by a signed memorandum under the New York Statute of Frauds, General Obligations Law § 5-701. Plaintiff argues...
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ORDER OF DISMISSAL This case arises from a loss purportedly sustained by Plaintiff Hartford Accident and Indemnity Company (Hartford) on a blanket banker’s fidelity bond issued to the Oklahoma State Bank of Vinita, Oklahoma. Said loss apparently arose from alleged wrongful and illegal conduct of Defendant Michael T. Conine while engaged as an officer of said bank. It is alleged Conine forged sever...
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OPINION This matter is before the court on defendants’ “Motion for Order of Sanctions Dismissing Action.” Through their motion, the defendants assert that attorney Willis E. Frazier, Jr., an incorporator and an apparent officer and majority shareholder of the plaintiff Costal Plastics, Inc., has wilfully failed to comply with this court’s order of June 14, 1976, which directed Mr. Frazier to answ...
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OPINION In this action, plaintiff Sheila Lyons, a former nursing student at defendant Salve Regina College, seeks specific relief and damages for an alleged breach of contract. According to plaintiff, the defendant breached its contract by taking actions unauthorized by, and contrary to, the rules of the College. The parties are agreed that these rules, promulgated by the College and acce...
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MEMORANDUM OPINION This is a removed diversity action to recover money damages for the alleged liability of the defendants in connection with their sale of certain agricultural plants to the plaintiffs. 28 U.S.C. §§ 1332(a)(1), 1441(a). The plaintiffs seek to maintain this as a class action “ * * * on behalf of [themselves] as well as on behalf of each other and all other persons who acquired * * ...
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MEMORANDUM OF DECISION Petitioner, presently incarcerated at the Federal Correctional Institution, Danbury, Connecticut, seeks judicial relief from a decision of the Board of Parole (hereinafter “Board”) denying him parole. He contends that (1) the Board improperly designated his ease as one within the “original jurisdiction” of the Regional Directors, 28 C.F.R. § 2.17 (1974); (2) the Board’s appl...
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OPINION Plaintiffs Vivian Johnson and Dorothy Burton brought this action against Shreveport Garment Manufacturers of Louisiana (Shreveport Garment) and Delta Garment Corporation (Delta Garment) pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and the Civil Rights Act of 1866, 42 U.S.C. §§ 1981, 1983, in behalf of themselves and others similarly...
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RULING Aetna Casualty & Surety Company (hereinafter plaintiff or Aetna) as subrogee of the Federal Deposit Insurance Corporation (FDIC) and Delta Security Bank & Trust Company of Ferriday, Louisiana, here sues numerous defendants to recover payment of a claim by FDIC on a banker’s blanket bond insuring Delta for losses arising out of employee theft. In January, 1973, an audit by FDIC and the Commi...
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OPINION This is an admiralty cargo action, tried to the Court, involving 268 coils of electrical steel sheets being transported from Baltimore, Maryland to Constanza, Romania aboard defendant’s vessel, the S.S. ITALIA (“ITALIA”) in January and February of 1971. The coils were loaded on board the ITALIA on or about January 8, 1971 at Baltimore, Maryland, and defendant issued a clean bill o...
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OPINION Defendant’s motion, to disqualify the firm of Fine, Tofel & Saxl as counsel for plaintiff, is granted. On June 23, 1975 the above-entitled case was referred to Magistrate Charles Hartenstine for trial, upon agreement of the parties. Trial solely on the issue of economic duress with respect to the execution of certain releases was scheduled to commence on October 14, 1975. On ...
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OPINION Plaintiff was formerly employed by the New York City Board of Higher Education (“BHE”) as an adjunct lecturer at Queensboro Community College (“QCC”), a division of the City University of New York, and was enrolled in a doctoral program at City University of New York (“CUNY”). Appearing pro se, she commenced three separate actions under the Civil Rights Act 1 against va...
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Plaintiff, a former New York City police officer, brought this action pursuant to 42 U.S.C. § 1983 seeking injunctive and declaratory relief, as well as monetary damages, for the alleged deprivation of his civil rights by Police Department officials. Loughran attacks both the facial constitutionality and the arbitrary and capricious application of a Department promulgation 1 that gen...
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REA Express, Inc. (REA) here is both suing its former railroad owners and other holders of REA notes issued in 1959 and seeking the invalidation of Interstate Commerce Commission action taken in connection with those REA obligations. The complaint and the petition for review center upon the issuance of the 1959 notes and the creation of their antecedent, the so-called “non-negotiable debt,” rai...
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MEMORANDUM OPINION AND ORDER Where a U.S. District Court has ordered enforcement of a labor arbitration award against an employer which by its terms requires further proceedings (i. e., arbitration or negotiation) before its precise amount can be calculated; where counsel for the employer has conceded, in open court, a minimum amount due under the narrowest reading of the award; and where an appe...
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OPINION Cleve Trust Realty Investors (herein Cleve Trust) has taken an appeal from the order of the Bankruptcy Judge in this case ordering distribution of certain amounts in an final distribution order to the Referee’s Salary and Expense Fund plus $47.00 in special services charges for the said fund. Cleve Trust was the first mortgagee of the Edinboro Mall property subject of the within proceedin...
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MEMORANDUM OPINION AND ORDER The defendant Mr. Charles Ellis Lacey, Jr. moved pretrial for a severance of the trial of the defendants jointly herein, Rule 12(b)(5), Federal Rules of Criminal Procedure, claiming that he is prejudiced by such joinder for trial together, Rule 14, Federal Rules of Criminal Procedure. Such defendant exhibited with his motion reproduced copies of statements of his codef...
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MEMORANDUM OPINION AND ORDER The defendant Mr. Lacey moved (in a somewhat novel fashion), under the provisions of Rules 104(a), (b), Federal Rules of Evidence, for a pretrial hearing1 on the admissibility of certain evidence which he anticipates will be offered on the trial herein by his codefendant. That is not a proper vehicle for the advance adjudication of whether such evidence, if offered, is...
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ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS PURSUANT TO F.R.CIV.P. 12(b)(6) BASED ON STATUTE OF LIMITATIONS Plaintiff, Katherine Rumberg, sues for the wrongful death of her husband, Capt. Robert R. Rumberg, USAF, killed on March 19, 1974, in the crash of a U.S. Air Force jet. She alleges that his death was caused by the malfunction of the aircraft’s cockpit ejection system. On March...
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MEMORANDUM OPINION The matter presently before the Court is defendant’s motion and affidavit to disqualify me from presiding over this case. I. Background Facts The Grand Jury of this district returned a sealed indictment against the defendant on October 6, 1976 charging him with three offenses. Count 1 charges a violation of 26 U.S.C. § 7212(b) in that the defendant on ...
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MEMORANDUM OPINION The court has before it plaintiffs’ petition for rehearing of this court’s opinion and order of October 31, 1974, granting the motion of the intervening defendant, City National Bank, to quash writs of garnishment. Plaintiffs, a union and its pension fund trusts, filed this action on January 31, 1974 against Leto Construction Company claiming amounts due under the collective ba...
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MEMORANDUM OF DECISION Plaintiff has moved for summary judgment in this action to review a determination of the Secretary of Health, Educa *303 tion and Welfare (the Secretary) denying him disability insurance benefits under the Social Security Act (the Act), 42 U.S.C. §§ 405(g), 416(i), 423. The theory of the motion appears to be that the court may reweigh the evidence befor...
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MEMORANDUM Indomar, Ltd. (“Indomar”), a Bahamian corporation, moves pursuant to Rule *1338 60(b)(1) of the Federal Rules of Civil Procedure (“Rules”) for an order correcting and amending a default judgment entered against it as defendant in an admiralty proceeding. The original action arose in connection with an alleged breach of a charter party between Indomar and East Asiat...
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OPINION This action arises under Section 27 of the Securities Exchange Act of 1934 (the “Exchange Act”), 15 U.S.C. § 78aa, and Section 22 of the Securities Act of 1933, (the “Securities Act”), 15 U.S.C. § 77v. Plaintiff moves for class certification under Rule 23, Fed.R.Civ.P. Defendant opposes certification and moves to dismiss the amended complaint under Rule 9(b), Fed.R. Civ.P., for failure to...
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MEMORANDUM and ORDER Defendant was indicted on three counts: first, for having knowingly and wilfully made a materially false, fraudulent and fictitious declaration to Agents of the Customs Service, with respect to the amount of money that he was carrying on his person and in his luggage when he was preparing to board Avianca Airlines Flight No. 53 on February 22, 1976; second for wilfully ...
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MEMORANDUM OPINION AND ORDER This is an action for monetary damages for deprivation of the plaintiff’s civil rights. She claimed that she suffered serious damage to her eyesight from the use by the defendants Messrs. Rowland and Mathias upon her person, while she was in custody after an arrest, of unreasonable force, and that they failed to provide her with timely medical attention when she was...
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MEMORANDUM Plaintiff, a labor organization representing government employees (Union), brings this action to redress an alleged breach of a collective bargaining agreement by the defendant, Defense General Supply Center (DGSC). Plaintiff seeks injunctive relief. Jurisdiction is alleged under 28 U.S.C. § 1331. The matter comes before the Court on cross-motions for summary judgment. The...
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OPINION AND ORDER This is a petition for a writ of habeas corpus. Petitioner, an inmate at the Feder*711al Correctional Institution, Oxford, Wisconsin, claims that he is in custody in violation of the Constitution of the United States as a result of unreasonable delay in holding a parole revocation hearing and the denial of his rights at the hearing. Jurisdiction is present. 28 U.S.C. § 2241. Base...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER This cause came on for trial, and the Court, sitting without a jury, having heard the evidence and considered the exhibits, makes the following findings of facts and states the conclusions of law as follows: FINDINGS OF FACT 1. The plaintiff is a female citizen of the United States. 2. The defendant is an Arizona corporation that operated ...
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MEMORANDUM OPINION This matter is before the court on defendant’s motion to suppress all evidence sought to be introduced against him in a prosecution for attempted tax evasion under 26 U.S.C. § 7201. His argument initially centered on the activities of one Carl Thompson, a government informant who, Choate contended, had obtained substantial information through an illegal search of his re...
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RULING ON MOTIONS FOR SUMMARY JUDGMENT This case arises under Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e et seq. It raises the important issue of defendant’s liability for back pay for overtime during a period when state legislation expressly prohibited the employment of women beyond specified maximum hours per day and per week. The plaintiff sues on behalf ...
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Plaintiff, W. L. Gore & Associates, Inc. 1 filed this action against defendant Oak Materials Group, Inc. in 1975, 2 alleging infringement of its U. S. Patent Number 3,664,915 covering expanded, extruded, un-sintered polytetrafluoroethylene (“PTFE”) tape. Defendant answered, denying infringement and asserting affirmative defenses of invalidity, fraud and estoppel. In additi...
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ORDER ON REMAND I. PRESENT POSTURE OF THE CASE This case is before the court upon remand from the United States Supreme Court and the United States Fifth Circuit Court of Appeals. In Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975), the Supreme Court affirmed that part of the judgment of the Court of Appeals and of this court holding that the Fourth Amend...
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We have jurisdiction under 28 U.S.C. § 1346(a)(1) of these three consolidated cases for recovery of Internal Revenue taxes. Two basic factual situations gave rise to the issues in these three consolidated tax refund cases. The first situation occurred in 1967 and relates to issues in all three cases. In May of 1967 Horace B. Rickey, Sr. died, naming as universal legatees his three surviving c...
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ORDER The Court has been asked to rule on two motions, both of which, if granted, would modify the decree issued as part of the opinion in Boston Chapter, NAACP, Inc. v. Beecher, 371 F.Supp. 507 (D.Mass.), aff’d, 504 F.2d 1017 (1st Cir. 1974), cert. denied, 421 U.S. 910, 95 S.Ct. 1561, 43 L.Ed.2d 775 (1975). While it would be unproductive at this time to review that case in detail, I would state g...
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OPINION AND ORDER GRANTING PLAINTIFF’S MOTION TO REMAND Plaintiff, an osteopathic physician, filed this action in the Circuit Court for the County of Wayne, State of Michigan, to recover damages allegedly stemming from his liability insurer’s action in settling a malpractice claim against him without his approval. In addition to the insurance company, plaintiff named as a defendant one Jo...
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OPINION AND ORDER This case is once more before this Court, after having been remanded to State court for an evidentiary hearing. The remand was ordered in light of the sudden appearance of two psychiatric reports which were produced by the State respondents only on appeal from my order vacating petitionér’s guilty plea on the ground of incompetence and granting a writ of habeas corpus unless peti...
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OPINION Petitioner, a state prisoner, seeks a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, on the ground that he was convicted in alleged violation of due process when (a) he was required to disclose his alibi witnesses without obtaining reciprocal discovery of the prosecution’s rebuttal witnesses, and (b) he was found guilty of robbery in the first degree without affirmative proof by the ...
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FINDINGS AND OPINION Plaintiff has sued both defendants under diversity jurisdiction claiming that she is entitled to insurance coverage for her injuries from one or the other. The issue of coverage was submitted for trial by the court, and the court makes the following findings. Plaintiff was a pedestrian who was struck by an automobile covered for liability purposes by Donegal Mutual Insura...
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423 F. Supp. 690 (1976) Thomas E. HILL and Clyde Wade Sewell, Plaintiffs, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Defendant. Civ. A. No. 76-H-1479. United States District Court, S. D. Texas, Houston Division. November 16, 1976. Thomas E. Hill and Clyde Wade Sewell pro se. MEMORANDUM AND ORDER CARL O. BUE, Jr., District Judge. I. INTRODUCTION Plaintiffs, inmates filing ...
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MEMORANDUM Plaintiff, a New York corporation, seeking injunctive and monetary relief, brings *292 this action against the defendants, alleged to be residents of Virginia, and officers of a Virginia corporation. Plaintiff contends that the defendants acting on behalf of themselves and for and on behalf of a Virginia corporation, instituted involuntary bankruptcy proceedings ag...
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MEMORANDUM John Joseph Garvey is a state prisoner incarcerated at the Sussex Correctional Institution who has presented a complaint to this Court against the defendant, the Chairman of the Delaware Board of Parole. The gist of the complaint is that the plaintiff was arbitrarily and unreasonably denied parole because the Board considered a number of factors, some of which were untrue. Plaintiff ...
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MEMORANDUM OF DECISION AND ORDER This cause is before the court on plaintiff’s motion for a temporary restraining order. 1 For the reasons given below, this motion will be denied and the cause will be dismissed for lack of subject matter jurisdiction. In this claim under 42 U.S.C. § 1983, the plaintiff, in the name of a prospective class, 2 contends that the pro...
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ENTRY This matter came before the Court on the petition of Edwards McArthur, a/k/a McArthur Edwards, for writ of habeas corpus and Respondents’ Motion to Dismiss or in the Alternative for Summary Judgment. The Court having read and examined said petition and the brief in support thereof and Respondents’ Motion and brief, now finds that said Motion to Dismiss should be granted. Petitioner was ...
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MEMORANDUM and ORDER The International Union of Electrical, Radio and Machine Workers (“IUE”), its Local Union No. 1581 (“L.U. 1581”), and six female members of a bargaining unit at the Buffalo plant have instituted suit against the above named defendant pursuant to Title VII of the Civil Rights Act, as amended, 42 U.S.C. §§ 2000e et seq., alleging sex discrimination with respect to compensation,...
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ORDER Plaintiff brings this civil action pursuant to the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. §§ 401 et seq. This Court has original jurisdiction of the matter under 28 U.S.C. § 1345. The Complaint charges that in an election of union officers held on December 1-6, 1975, Defendant violated Title IV of said *582Act, 29 U.S.C. § 481 through § 483. These provisions govern...
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*65MEMORANDUM This is an action under § 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 (Secretary), denying plaintiff’s claim for disability insurance benefits. Presently before the court are cross-motions of the parties for summary judgment on an appeal from a final decision of the Secretary. Plaintif...
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MEMORANDUM AND ORDER Plaintiff Hancock Paper Co. has filed a Robinson-Patman Act (15 U.S.C. § 13 et seq.) claim against defendant Champion International Corp., alleging price discrimination in the selling of certain types of “poly coated” waste paper used in the manufacture of milk cartons. Defendant has counterclaimed for the total amount of Hancock’s remaining amount due on t...
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MEMORANDUM Plaintiff, the United States of America, brings this action pursuant to 47 U.S.C. §§ 503-04, to recover a forfeiture assessed by the Federal Communications Commission (Commission). The defendant, Rust Communications Group, Inc., is the owner and operator of radio station WRNL, Richmond, Virginia. Jurisdiction over this matter is attained pursuant to 28 U.S.C. §§ 1345, 1355. The...
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The plaintiffs commenced this action to recover for injuries sustained in an automobile collision allegedly caused by the negligence of the defendant’s insured, Eldon C. Orth. In a decision dated March 14, 1975, this court dismissed the complaint as to Eldon C. Orth and held that Guaranty National Insurance Company (“Guaranty”) was a proper party to the action despite the no action clause conta...
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DECISION AND ORDER Patients of Central State Hospital (CSH) brought this action challenging the constitutionality of the Hospital’s visitation policies. The matter is now before the Court on the plaintiffs’ motion for summary judgment. The Court has before it the affidavits of Elizabeth Alexander and Dr. Edward F. Schubert, a copy of the visitation regulations effective October 1, 1975, reports...
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The plaintiffs in this cause, Maxine Vincent Smith and the Alcoholism Council of Montgomery, Elmore and Autauga Counties, attack the constitutionality of Title 36, Section 68 of the Code of Alabama 1940 (Recomp.1958) 1 and certain practices of the *676 Alabama Department of Public Safety, insofar as they require or permit pre-hearing suspensions of licenses of alcoholics...
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In this action, plaintiff seeks declaratory and injunctive relief for himself and for the class he represents for deprivation of their right to due process in the suspension of their driver’s licenses. Jurisdiction in this matter is pursuant to 28 U.S.C. § 1331 and § 1334(3). This action was filed in this Court on April 6, 1976. A three-judge panel was constituted pursuant to 28 U.S.C. § 2281. ...
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ORDER AND MODIFICATION OF JUDGMENT This matter is before the court on intervenor-defendant Pacific Gas & Electric Company’s (PG&E) motion for reconsideration of a portion of this court’s judgment entered on September 20, 1976. The portion in question reflects this court’s ruling in Part II.D.(4) of its Decision in this case filed on July 23, 1976. The court denied PG&E’s motion for summar...
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ON MOTION FOR PRODUCTION OF DOCUMENTS This case is once again before the Court on plaintiffs’ motion to compel the production of certain documents from the defendant United States of America. The governmental defendant has asserted what it terms “an evidentiary privilege recognized for inter-governmental memoranda which comprise part of a process by which governmental decisions and policies are f...
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MEMORANDUM OPINION This case, brought pursuant to Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972 (EEOA), 42 U.S.C. §§ 2000e et seq., is before the Court on cross-motions for summary judgment. In addition, defendants have moved to dismiss the complaint insofar as it states claims against persons other than Secretary of the T...
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MEMORANDUM The facts alleged by the pleadings in these consolidated cases should be summarized at the outset. Holt claims to have been injured on February 11, 1972 when a bale of cotton linters fell on him from a load on a fork-lift truck he was operating in the Raybestos warehouse, causing serious injury. Holt filed two suits in this district, one against Eaton (which manufactured the fork-lift)...
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*676 MEMORANDUM The seven plaintiffs are serving terms of imprisonment under New York State convictions. Until recently their place of confinement was the Bedford Hills Correctional Facility. They have been found guilty of disciplinary infractions during their terms, and have been subjected to prison sanctions, including substantial periods of segregation they have not completed serving. On J...
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MEMORANDUM In this action under the Civil Rights Act of 1871, 42 U.S.C. § 1983, the Court is faced with complex questions regarding the interaction of this civil rights complaint with a previously dismissed petition for habeas corpus filed by the same prisoner. Plaintiff is presently incarcerated at the State Correctional Institution in Huntingdon, Pa. The action has been brought against the su...
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MEMORANDUM OPINION AND ORDER The defendant Mr. Wolfe moved the Court for a severance of defendants, Rule 12(b)(5), Federal Rules of Criminal Procedure, on the ground that he is prejudiced by the joinder of defendants in the indictment herein, Rule 14, Federal Rules of Criminal Procedure. Mr. Wolfe contends that his codefendant Mr. Gourley made a statement to investigating officers and implicated h...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff has brought suit under 42 U.S.C. §§ 1983, 1985, and 1986 (the Civil Rights Act) against a United States District Judge for the Central District of California, seeking declaratory relief, along with general, exemplary and punitive damages from the defendant as just and proper redress for the actions of the defendant which resulted in the plaintif...
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OPINION On April 1, 1976, this Court approved a settlement in this class action employment discrimination suit affecting employment practices in the food processing and canning industry in Northern California. The Settlement Agreement and Consent Decree (the Decree), effective June 15, 1976, altered seniority, job bidding, and job-training procedures within the industry and established other mech...
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RULING ON MOTION FOR CLASS ACTION CERTIFICATION This action, brought under Title VII of the Civil Rights Act of 1964 and 42 U.S.C.A. § 1981, alleges that the defendant discriminated against the named plaintiffs and those similarly situated on the ground of race in employment, in that its policies of recruiting, hiring, training, assigning, transferring, promoting, compensating and terminating empl...
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OPINION This is an action for violation of the Truth in Lending Act (15 U.S.C. § 1601, et seq.) arising out of a loan transaction between plaintiffs Alvin and Goldie Ecenrode and defendant Household Finance Corporation of South Dover. Plaintiffs originally alleged one violation of the Act and regulations issued pursuant to that Act by the Federal Reserve Board (hereinafter refe...
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OPINION Two stockholder class actions have been initiated charging virtually the same defendants with a variety of security law violations. The complaint in Elsbernd v. Combined Properties Corporation, No. 76-232 (“Elsbernd”), alleges a series of false representations of material facts and material omissions by Combined Properties Corporation (“CPC”) and its principals which resulted in the plain...
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ORDER ON POST-JUDGMENT MOTIONS This cause came on for consideration upon the motions of the petitioner for a certificate of probable cause to appeal and for appointment of counsel on appeal. The court, having considered the record and being fully advised in the premises, finds and concludes that the motions should be granted in part and denied in part. William Bradford Dillingham filed this p...
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ORDER This is an action under section 1 of the Sherman Act, 15 U.S.C. § 1, sections 4 and 16 of the Clayton Act, 15 U.S.C. §§ 15 and 26, and the Georgia Gasoline Marketing Practices Act, Ga. Code Ann. § 106-1101 et seq. Plaintiff seeks damages for the wrongful termination by defendant Crown Central Petroleum Corp. (Crown) of a Branded Service Station Lease and Dealer Agreement ...
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DECLARATORY JUDGMENT FOR PLAINTIFFS This is an action for declaratory and prospective injunctive relief under 42 U.S.C. § 1983 brought by seven mothers under the age of twenty-one and their children, alleging that the Illinois Department of Public Aid (“IDPA”), through its director, the defendant James L. Trainor, has denied them eligibility, or limited the amount of funds they may receive, und...
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The plaintiff, Joseph J. Theriot, Jr., was injured on January 4,1975, while working on an oil production platform owned by the defendant, Gulf Oil Corporation, located in Timberlere Bay, Louisiana. 1 Theriot was working on the maintenance of a Gulf tank battery, as an employee of Rodney’s Oilfield Contractors, Inc. Rodney’s had contracted with Gulf to maintain the tank battery in goo...
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MEMORANDUM Gloria and William Schwartz sue the Boston Hospital for Women and Dr. Luke Gillespie for damages resulting from alleged malpractice during the Caesarian delivery of Mrs. Schwartz’ child in November, 1966. Plaintiffs claim that the Hospital and Dr. Gillespie were responsible for her subsequent infection and sterility by leaving a foreign object in her uterus, leaving in sutures ...
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MEMORANDUM On the government’s appeal from an order dismissing an indictment against Harry Kurzer, the Court of Appeals remanded for an evidentiary hearing which was held on June 11, 1976. On the basis of the evidence adduced at that hearing and the record heretofore established, we find that the government has not met its burden of proving that the indictment against Harry Kurzer did not deriv...
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ORDER Defendant corporation, Gibson Products Company, Inc. (Gibson Products), in this consolidated action stands charged in nineteen counts with knowingly making false entries on ATP Form 4473 in connection with the sale of firearms to foreign citizens. In Cr. No. 76 — B-262, the Defendant Pedro G. Alvarado was charged in five of said counts as a co-defendant with Gibson Products. Alvarad...
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MEMORANDUM OPINION Before the court is defendant Cahill’s rule 60 motion to vacate the judgment by confession entered by the Circuit Court of Cook County upon defendant’s default in payment of certain promissory notes held by the plaintiff Colonial Bank. The promissory notes were executed by the defendant to finance the purchase of 25,000 shares of American Bankshares Corporation stock wh...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on plaintiffs’ motion for a preliminary injunction restraining defendants from engaging in the following alleged activities: (1) joining plaintiffs’ legal team; (2) gathering information about plaintiffs’ evidence, legal strategy, legal preparations, legal objectives and litigation schedule; and (3) utilizing any of the above informatio...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on plaintiffs’ motion to impose sanctions for defendants’ failure to answer certain interrogatories pursuant to Rule 37(d), Federal Rules of Civil Procedure. On December 12, 1974 plaintiffs served interrogatories on defendants, including the three interrogatories which are the subject of this motion. On March 5, 1976 this Court granted p...
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This matter is before the Court on the petition of Richard Joseph Gagne for a writ of habeas corpus. Gagne is presently serving a life sentence at the Massachusetts Correctional Institution at Norfolk, as the result of his conviction in the Massachusetts Superior Court sitting in Hampden County on February 20, 1973, for the crime of murder in the second degree. Gagne alleges in his petition that ...
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MEMORANDUM OPINION In this action, plaintiff, Illinois Central Gulf Railroad Company (ICG), seeks to recover from defendant, Golden Triangle Wholesale Gas Company (Golden Triangle), charges allegedly due plaintiff under Freight Tariff 4 — 1 (I.C.C. H — 36) (hereinafter Maurer Tariff) for storage of hazardous material and charges allegedly due under Freight Tariff 19527-R (I.C.C. A-12154) ...
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ORDER Petitioner, a state convict confined in the Missouri State Penitentiary, originally filed this action as a petition for writ of habeas corpus challenging conditions of his confinement. Leave to proceed in forma pauperis was granted by Order entered August 6, 1976, and following the filing of respondent’s response and petitioner’s traverse, 1 this cause was set for full evidentiary hea...
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MEMORANDUM Pursuant to the order directed to defendant on October 6, 1976, the above cause was *675set for review on November 9, 1976. Plaintiff appeared in person and by Elmer V. A. Bayer, his attorney. Defendant remains in default and is represented by the United States Attorney and Joseph E. Moore, Assistant United States Attorney. Evidence from the medical report of Doctor Lee Blount, Jr., M.D...
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MEMORANDUM This matter is before the Court upon defendant’s motion to dismiss. The motion alleges both that the Court lacks subject matter jurisdiction and that plaintiff has failed to exhaust its administrative remedies. For the reasons stated below, the matter will be dismissed because of plaintiff’s failure to exhaust its administrative remedies. This action centers around the following events...
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MEMORANDUM AND ORDER The Petitioner, by application for writ of habeas corpus, seeks reversal of his conviction upon four felony counts imposed following a trial before Judge Lipitz in Suffolk County Court. Petitioner was sentenced to a prison term of one to seven years. It is Petitioner’s contention that he was denied numerous Constitutional rights because he was not given a state hearing on the ...
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MEMORANDUM OPINION AND ORDER Richard F. Keller (hereinafter plaintiff) initiated this action under 29 U.S.C. § 1132(a)(1)(B) against defendant Graphic Systems of Akron, Inc., Employees Profits-haring Plan (hereinafter Plan) on March 5, 1976. Plaintiff seeks recovery of benefits allegedly due him under the Plan, together with reasonable attorney’s fees. The jurisdiction of this Court is in...
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FINDINGS AND MEMORANDUM ORDER Five weeks ago, during the afternoon of Tuesday, September 28,1976,1 found Abraham E. Freedman, Esquire, guilty of a criminal contempt committed in the actual presence of the court, and pursuant to Rule 42(a) of the Federal Rules of Criminal Procedure he was sentenced to thirty (30) days. The service of the sentence was deferred. He was placed on his own recognizance ...
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ORDER ON DEFENDANT’S MOTION TO DISMISS On November 26, 1975, defendant Velsicol Chemical Corp. filed a Motion to Dismiss in this cause on the grounds that this Court lacks jurisdiction over said cause; to wit, that the alleged discharges by defendant into the City of Memphis Wastewater Collection System is not a discharge into a “navigable water” within the statutory meaning of 33 U.S.C. ...
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Plaintiff, the Equal Employment Opportunity Commission (hereinafter “Commission”), has brought this employment discrimination action under 42 U.S.C. § 2000e, et seq., and alleges jurisdiction under 28 U.S.C. §§ 451, 1343, and 1345. The Commission charges that the defendant employer, Western Metal Specialty, Inc., a Wisconsin corporation engaged in the manufacture of sheet metal products, has inten...
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ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Plaintiff challenges the determination by the Secretary of Health, Education, and Welfare (hereinafter the “Secretary”) that certain expenditures were not reimbursable under the federally funded health care program popularly known as “Medicare” and established pursuant to the Medicare Act. 42 U.S.C. § 1395 et seq. 1 ...
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MEMORANDUM This is a so-called “Black Lung” case arising under Part B, Title IV of the Federal Coal Mine Health and Safety Act, 30 U.S.C. 901 et seq. Said Act establishes a program for the payment of benefits to living miners who are totally disabled due to pneumoconiosis arising out of coal mine employment and to the dependents of miners who die due to pneumoconiosis, or who were totally disabled...
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*459 MEMORANDUM AND ORDER This case is brought 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. 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 thereun...
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MEMORANDUM AND ORDER Before this Court are .cross-motions for summary judgment filed by the plaintiff and defendant, respectively. Plaintiff instituted an action in this Court for benefits under the Federal Coal Mine Health and Safety Act, 30 U.S.C. § 901 et seq., after his claim was heard and denied by an administrative law judge (ALJ), and by the Appeals Council of the Social Security Administr...
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MEMORANDUM AND ORDER Before this Court are cross-motions for summary judgment filed by the plaintiff and defendant, respectively. Plaintiff instituted an action in this Court for benefits under the Federal Coal Mine Health & Safety Act, 30 U.S.C. § 901 et seq., after his claim was heard and denied by an administrative law judge (ALJ) and by the Appeals Council of the Social Security Administratio...
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MEMORANDUM AND ORDER Before this Court are cross-motions for summary judgment filed by the plaintiff and the defendant, respectively. Plaintiff instituted an action in this Court for benefits under the Federal Coal Mine Health and Safety Act, 30 U.S.C. § 921, et seq., after his claim was heard and denied by an Administrative Law Judge and by the Appeals Council of the Social Security Administratio...
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MEMORANDUM AND ORDER Before this Court are cross-motions for summary judgment filed by the plaintiff and the defendant respectively. Plaintiff instituted an action in this Court for benefits pursuant to Section 205(g) of the Social Security Act, as amended (42 U.S.C. § 405(g), to obtain judicial review of a “final decision” of the Secretary of Health, Education and Welfare, denying his claim' f...
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MEMORANDUM OF DECISION AND ORDER In these three consolidated cases plaintiffs seek refunds of income taxes paid for the year 1971 on the ground that the rate schedules of the Internal Revenue Code, 26 U.S.C. § 1, unconstitutionally discriminate against them as married persons. The cases are now before the court on plaintiffs’ and defendant’s cross motions for summary judgment. For reasons which...
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MEMORANDUM Petitioners in this case seek to have this court issue writs of habeas corpus on behalf of them and the members of the class they seek to represent. Petitioners, and the persons in the class they seek to have certified, were “bound over” by juvenile courts in Massachusetts prior to the decision of the United States Supreme Court in Breed v. Jones, 421 U.S. 519, 95 S.Ct. 1779, 44 L....
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MEMORANDUM ORDER This diversity case is presently before the court upon the motions of plaintiff, James Bell, and third-party defendant, Linda Bell (Mrs. James L.), for summary judgment in connection with a counterclaim and a third-party claim against them. *258 James Bell brought this action on his own behalf and on behalf of his 10-year-old son, John Alan Bell, for persona...
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MEMORANDUM AND ORDER This matter is before the Court on defendants’ motion to dismiss, or in the alternative, for summary judgment in plaintiff’s Fifth Amendment action. Having considered all of plaintiff’s arguments and evidence presented in affidavit and deposition, we believe that no genuine issue of material fact remains to be decided. Plaintiff applied for the position of psychiatric nurse at...
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OPINION This wrongful death and survival action arises out of the drownings of two men off the coast of New Jersey in April of 1971. Plaintiffs are the general administratrices and administratrices ad prosequendum of the estates of Herbert Colley and John D. Williams. Defendants are Harvey Cedars Marina, from whom the decedents rented the fiberglass boat in which they were riding, White’s...
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MEMORANDUM AND ORDER Presently pending are two cases which arrived in this Court by different routes, *476 but in the same postures. Both Saul L. Victor, Esq., and Robert Hoffman, Esq., are attorneys who seek to avoid production of certain documents pursuant to subpoenas duces tecum requiring each to produce before a federal grand jury all documents referring or relating to Joseph E. and Susa...
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MEMORANDUM OPINION AND ORDER Plaintiff has, by motion, asked the court to reconsider its order of July 26, 1976 which declined, pursuant to its opinion of April 12, 1976, 418 F.Supp. 14, to endorse a stipulation whereby the parties consented to a restoration of this case to the active calendar of the court. The United States Equal Employment Opportunity Commission has asked to participate as a mi...
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OPINION General Background Pursuant to Section 247 of the Bankruptcy Act (11 U.S.C. § 647) and Chapter X Rule 10-216 thereunder, a hearing was held before this Court on June 28, 1976 for the purpose of considering applications for interim and final allowances for services rendered to the various debtor corporations by the Trustee, general and special counsel for the Trustee, and ...
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MEMORANDUM Plaintiff, Frederick W. Silverman, moves pursuant to Rule 65 of the Federal Rules of Civil Procedure for a preliminary injunction enjoining the defendants, J. William Middendorf, II, Secretary of the Navy, and Commanding Officer, Bureau of Medicine and Surgery, United States Navy, from ordering him to active duty in the United States Navy. Plaintiff contends that the Navy seeks to call ...
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MEMORANDUM AND ORDER On August 21, 1970, Schyler Edgar Car-man discovered a badly decomposed body in a wooded area near his home. Through the use of dental records and items of clothing and jewelry found with the remains, the deceased was identified as Mary Eloise Car-man, Mr. Carman’s daughter. The cause of death was tentatively determined to be manual strangulation following a sexual attack. At ...
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ORDER Willie Foster, Jr., was tried before a jury in Mecklenburg County, North Carolina, Superior Court in February, 1973, and was found guilty of burglary in the first degree and was sentenced to life imprisonment. He seeks a new trial based on prejudicial cross-examination by the prosecuting attorney with reference to unproved crimes. State remedies have been exhausted. The evidence for...
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This is an FELA action pursuant to 45 U.S.C. § 51 et seq. The cause is now before the Court on the motion of the Railroad for a change of venue under 28 U.S.C. § 1404(a). The defendant requests that we transfer the case to the United States District Court for the Western District of Virginia, at Roanoke (docs. 7 and 10) where the cause of action arose, where the defendant’s principal...
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MEMORANDUM OF OPINION Respondent, E. P. Perini, Superintendent of Marion Correctional Institution, has custody of petitioner Willie Joe King. On March 22, 1976 petitioner was committed to the Ohio Department of Rehabilitation and Correction pursuant to an order of the Lo- *482 rain County, Ohio, Court of Common Pleas. King is currently serving a sentence of eighteen months to five years for v...
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These consolidated eases arise out of an unusual collision between S/T OVERSEAS ALASKA, partially laden with a cargo of grain, and M/S SHINTO MARU, fully laden with a cargo of logs, occurring on the Columbia River off Jim Crow Point (Light 19) approximately 10 miles up river of Astoria, Oregon at 1805 hours on April 25, 1975. Both vessels were at the time outbound with OVERSEAS ALASKA endeavori...
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OPINION AND ORDER This petition for habeas corpus raises difficult and delicate issues regarding the relationship between federal courts and state courts as they undertake the business properly allocated to each. Petitioners have been convicted of certain offenses in a Rhode Island state trial court. They have appealed these convictions to the Supreme *977 Court of Rhode Isla...
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This is an action by a lessor against his lessee and his lessee’s assignee. Jurisdiction exists under the diversity provisions of 28 U.S.C. § 1332. After the pleadings were closed, the plaintiff Chi-Mil Corporation (“Chi-Mil”) moved the Court for a partial judgment on the pleadings “relative to the continuing payment of rent.” In a memorandum decision and order entered February 9, 1976, this Court...
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424 F.Supp. 672 (1976) Harold M. SCHWARTZ, on behalf of himself and all others similarly situated, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., a corporation, Defendant. No. C-76-1980 SC. United States District Court, N. D. California. November 5, 1976. *673 Joseph C. Barton, Barton & Stretch, San Francisco, Cal., for plaintiff. W. Reece Bader, Orrick, Herrington, Rowley &am...
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MEMORANDUM OPINION Plaintiffs are prisoners at Lorton Correctional Complex who challenge the authority of prison officials to order their transfer, without a fact-finding hearing, to federal penal and correctional institutions in other states for disciplinary reasons. During the progress of this litigation, the Supreme Court decided two cases having an important bearing on the validity of plain...
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MEMORANDUM DECISION This case is brought under the diversity jurisdiction of the federal courts, 28 U.S.C. § 1332, and presents an unresolved question of Florida law. Substantive state law, of course, controls. Presented here is an issue pertaining to Florida law on which its courts have not ruled. Thus, this court must try to determine what the Florida courts would hold, were the issue befor...
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DECISION ON MOTION TO DISMISS After the final pre-trial order was entered in this case, but before it had been complied with, defendants filed a motion to dismiss for lack of diversity of citizenship between the plaintiff and the defendant Allister Construction Co., contending that both of these parties are citizens of Illinois. The motion is supported by extracts from depositions and oth...
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MEMORANDUM Judgment was entered in favor of the plaintiff, Bank of Waukegan, an Illinois banking corporation, and against the defendant, Robert H. Freshley, and one John J. Rivelli by the Circuit Court of the Nineteenth Judicial Circuit, Lake County, Illinois, on October 11, 1973. The amount of the Illinois judgment is Seventy-seven Thousand Seven Hundred Sixty-nine and 48/100 Dollars ($7...
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Carl Knight and Linda Knight were adjudicated bankrupt in a voluntary petition filed on October 7,1975. Subsequently City National Bank of Baton Rouge filed a creditor’s objection to the discharge, alleging that Carl Knight had obtained credit from them by means of a fraudulent financial statement, and urged that this debt be declared by the referee to be nondischargeable under § 17(a)(2) of the B...
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This is an appeal from the ruling of the Bankruptcy Referee discharging the bankrupt, Thomas Joseph Jarreau, from all of his provable debts. The creditor, Buffing-ton S. Mayer, Jr., objects to the discharge of a debt of $44,136.08. This claim is based on an accident which occurred on January 7, 1971, when an automobile driven by the bankrupt swerved into the creditor’s lane of travel on Fairfield...
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MEMORANDUM OPINION REGARDING MOTION TO SUPPRESS Endia Allen is presently under indictment for the possession of heroin with intent to distribute, 21 U.S.C. 841(a)(1). She has brought this motion to suppress as evidence *1373 a quantity of heroin seized by federal drug agents at the time of her arrest. The material facts were stipulated by counsel at hearing on the motion. On March 21,1976 a...
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MEMORANDUM OPINION This is an action in admiralty whereby damages are sought for alleged breach of a contract of bailment. Count I of the amended complaint alleges that as bailee, defendant undertook to transport via the inland waterways two grades of plaintiff’s gasoline and that when the gasoline was thereafter delivered to plaintiff, the higher grade of gasoline was in a damaged and depreciated...
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MEMORANDUM Plaintiff Henry V. Beavers brought this suit, along with others, alleging violations of seniority rights under collective bargaining agreements. In addition, plaintiff Beavers alleged that he had been discharged in breach of those agreements. The issues involving seniority rights were severed from plaintiff Beavers’ claim concerning discharge, and by an order and memorandum filed on No...
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ORDER and MEMORANDUM OPINION Before BROWNING, Circuit Judge, and SMITH and JAMESON, District Judges. Following the decision of this court in Doe v. Woodahl, 360 F.Supp. 20 (D.Mont. 1973), holding invalid Montana statutes regulating abortion, the Montana legislature in 1974 enacted the Montana Abortion Control Act, R.C.M.1947; § 94-5-613, et seq., with the intent “to restrict abortion to...
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This is an application for a writ of habeas corpus by the petitioner, Dr. Jesse Ketchum, who was convicted of criminally negligent homicide on October 26, 1973, in Erie County Supreme Court, as a result of the death of a patient upon whom he had performed an abortion. 1 The conviction was affirmed without opinion by the Supreme Court, Appellate Division, Fourth Department. Peop...
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MEMORANDUM OPINION This is an action in two counts, the first cause of action purporting to assert com *671 mon law claims of false arrest, malicious prosecution, and false imprisonment against all the defendants, and the second cause of action purporting to state a federal claim, based upon substantially the same factual allegations, for deprivation of plaintiff’s civil rights by defendants ...
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MEMORANDUM and ORDER The defendant in this case is charged, in a three count indictment, with distribution of and possession with intent to distribute cocaine, and with conspiracy to violate 21 U.S.C. § 841(a)(1). The crimes detailed in the indictment were allegedly committed on or about May 1, 1975. The defendant was arrested on or about April 1, 1976, some eleven months later, and was indicted ...
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MEMORANDUM On appeal from the grant of an injunction prohibiting defendants from implementing without prior HEW approval three new State regulations, 10 N.Y.C.R.R. §§ 86.21(k), 86.14(b), and 86.26, which govern aspects of State reimbursement to hospital participants in the Medicaid program, the Court of Appeals remanded for a determination of whether or not HEW’s approval of two of the regulation...
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MEMORANDUM AND ORDER Plaintiff People’s Housing Development Corporation (“PHDC”) seeks to enjoin the defendant municipality (“Poughkeepsie”) and its governing body (the “Common Council”) from terminating a contract entered into between the parties, and additionally requests the imposition of sanctions against the defendants for their averred contempt of an order previously entered by the ...
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OPINION AND ORDER I. Preliminary Statement This is a labor arbitration case which presents the question whether to vacate or enforce an arbitrator’s award ordering the Sun Oil Company (the company) to alter a work assignment that it had made at its Marcus Hook, Pa. refinery over protest of Oil, Chemical and Atomic Workers, Local 8-901, AFL-CIO (the union).1 The dispute which led to the arbitrator...
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MEMORANDUM AND ORDER This is an action brought by plaintiff under the Truth-in-Lending Act (15 U.S.C. § 1601 et seq.) to recover statutory damages, costs and reasonable attorney’s fees for the defendant company’s alleged violation of the Act and Federal Reserve Regulation Z, 12 C.F.R. § 226.1 et seq. The case arises out of plaintiff’s execution of a retail sales installment contract for t...
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OPINION AND JUDGMENT The defendant has moved to dismiss this complaint under the provisions of Rules 12(b)(1) and (6), and Rule 12(h)(3) of the Federal Rules of Civil Procedure. Defendant has requested oral argument and plaintiff has moved to amend his complaint. For reasons that appear below, both the motion to amend the complaint and the request for oral argument are denied. The co...
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423 F. Supp. 453 (1976) Jeannette SILVA et al. v. EAST PROVIDENCE HOUSING AUTHORITY et al. Civ. A. No. 5383. United States District Court, D. Rhode Island. November 5, 1976. *454 *455 Joseph Dugan, R.I. Legal Services, Providence, R.I., for plaintiffs. Bradley L. Steere, Chepachet, R.I., for defendant East Providence Housing Authority. Joseph T. Little, E. Providence, R.I., for defendant City of ...
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DECISION AND ORDER This petition for issuance of a writ of habeas corpus, in which the petitioner challenges the validity of the jury panel from which his jury was drawn, is before the court on the pleadings and the briefs of counsel. Jurisdiction is founded on 28 U.S.C. § 2241, et seq. For the reasons stated below, the petition will be denied. The petitioner Donald Charles Wilson is presently in ...
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OPINION Plaintiffs, eleven practicing dentists, bring this antitrust action on behalf of a class of all dentists in private practice in the State of California against defendant, California Dental Services (CDS), a nonprofit corporation engaged in the administration and operation of prepaid dental care programs. Plaintiffs contend that CDS has violated state and federal antitrust laws by ...
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423 F. Supp. 1064 (1976) WRITERS GUILD OF AMERICA, WEST, INC., a corporation, et al., Plaintiffs, v. FEDERAL COMMUNICATIONS COMMISSION, et al., Defendants. TANDEM PRODUCTIONS, INC., a corporation, Plaintiff, v. COLUMBIA BROADCASTING SYSTEM, INC., a corporation, et al., Defendants. Nos. CV 75-3641-F, CV 75-3710-F. United States District Court, C. D. California. November 4, 1976. *1065 *1066 *1067 ...
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MEMORANDUM AND ORDER Plaintiff is seeking documents from the Central Intelligence Agency concerning the Agency’s basis for determining that it is authorized to engage in covert activities against foreign nations. The documents were initially requested in April and July of 1975 and, following administrative appeals, this action was brought in July, 1976. * All the documents requested, includ...
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The case is before the Court upon a motion of defendant for summary judgment which raises two “act of state” questions: (1) whether the decree of the President of Mexico dated March 18, 1938, which expropriated oil in Mexico owned by foreign nationals, an admitted act of state, had the effect of extinguishing the royalty and participating interests which Papantla Royalties Corporation (“Papantl...
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MEMORANDUM AND ORDER ON DEFENDANTS’ MOTION TO DISMISS This is an action under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. (ADEA). The defendants have moved to dismiss on the ground that the plaintiff did not make a proper application to the Massachusetts Commission Against Discrimination, asserting that such an application was required under 29 U.S.C. § 633(b). Such an ...
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*1029 MEMORANDUM OPINION AND ORDER This case involves the following question: Does the court have the power to punish by criminal contempt of court a person for threatening to discharge a juror from employment because of jury service? After oral and written notice specifying the charges and service on the defendants of an order to show cause why the defendants should not be held in contempt...
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*58 MEMORANDUM AND ORDER I. Introduction and Facts From a judgment of conviction by a United States Magistrate, * Carl E. Brown has taken a timely appeal to this Court. Rule 8(a) Fed.R.P. for the Trial of Minor Offenses Before United States Magistrates. The review by this Court is the same as an appeal from a judgment of a district court to a court of appe...
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OPINION Plaintiff commenced this diversity action against defendant, Pittston Stevedoring Corporation (“Pittston”), a stevedore, to recover damages for its alleged negligent handling of a knitting machine prior to its delivery aboard a vessel for shipment to plaintiff’s customer in Sao Paulo, Brazil. Although no bill of' lading covering the shipment was issued, a basic and determinative i...
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Claiming unlawful searches and seizures, in violation of the Fourth Amendment, P. I. Nwamu Associates, Inc. (“the corporation”) and Patrick I. Nwamu move for the return and suppression of the “seized” evidence and to quash grand jury subpoenas duces tecum served upon certain of the corporation’s employees on April 15 and 16, 1976. The circumstances surrounding the employees’ surrender of docume...
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MEMORANDUM Plaintiffs, the Professional Factoring Service Association, several corporations directly involved in the business of financing accounts receivable for providers participating in the Medicaid program, and five providers of Medicaid services (an optometrist, a radiologist, a dentist, an ambulance service, and a pharmacy) who utilize factoring services, sue for declaratory and in...
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This is a motion by defendant for a wide variety of relief: (1) to dismiss the complaint “or a portion thereof” for lack of jurisdiction over the subject matter (Fed.R.Civ.P. 12(b)(1)) (a) because Cornell University is an indispensable party plaintiff and if joined as a party there will be no complete diversity of citizenship; and (b) because plaintiff Mary F. Rousseau is a citiz...
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MEMORANDUM DECISION The defendant, Grace Sherman, is charged in two separate indictments, 76 Cr. 383, and 76 Cr. 641, with several counts of aiding and abetting William Sherman in the attempted evasion and defeating of income tax. The court has before it a series of pretrial motions brought on by the defendant Grace Sherman seeking rulings on discovery requests as well as with regard...
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OPINION This is a motion for class action certification under Rule 23(b)(2), Fed.R.Civ.P.1 *362The State defendants, who are the only parties who oppose the class action motion do' so primarily on two grounds. First they claim that the named plaintiffs cannot properly represent the class they purport to represent because the claims raised by the purported class are broader than those which pertai...
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ORDER This is an appeal from an order of the bankruptcy judge requiring John F. Joyce, a resident of New York, to appear before the bankruptcy judge in Charlotte, North Carolina, for examination pursuant to § 21(a) of the Bankruptcy Act, 11 U.S.C. § 44, and Rule 205(a) of the Rules of Bankruptcy Procedure. Section 21(a) of the Act provides: “(a) The court may, upon application o...
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ORDER This matter is before the Court on the motion of defendant Kirschener, Heimlich, Mulligan & Company, certified public accountants, to dismiss the complaint for failure to state a claim upon which relief can be granted and for lack of jurisdiction over the subject matter of the complaint. The plaintiffs in this action allege securities fraud. Without delving deeply into the alle...
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ORDER This is a proceeding for writ of habeas corpus by a state prisoner confined at the Lexington Regional Treatment Center, Lexington, Oklahoma, in which he challenges the validity of the judgment and sentence of the District Court of Oklahoma County, State of Oklahoma in case No. CRF-72-2350. The respondents have filed *35 their Response by and through the Attorney General for the State of...
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423 F. Supp. 1162 (1976) Jack ROSE v. MITSUBISHI INTERNATIONAL CORPORATION et al. Civ. A. No. 74-316. United States District Court, E. D. Pennsylvania. November 4, 1976. *1163 *1164 Morris R. Brooke, Philadelphia, Pa., for plaintiff. Thomas O'Neill, Jr., Philadelphia, Pa., Charles F. Schirmeister, Ronald I. Paltrowitz, New York City, for Mitsubishi. Freedman, Borowsky & Lorry, Philadelphia, P...
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The principal issue in this case is whether the plaintiffs have a constitutional right to gather, publish, and receive information about the services and fees of physicians practicing in their community. The defendants assert that physicians who furnish information to be published in a medical directory, as proposed by the plaintiffs, would violate § 54-317(13) of the Virginia Code. This statute p...
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Memorandum Opinion At the threshold of this action the Court is confronted with a motion to dismiss. The motion brings in issue the “ripeness” and “standing” of the plaintiffs (State) in bringing this action. The State challenges the regulations promulgated by the Army Corps of Engineers and the Environmental Protection Agency pursuant to Section 404 of the Federal Water Pollution Control Act Am...
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MEMORANDUM AND ORDER A. Background The plaintiff, John D. Marks, on October 20,1975, brought this action pursuant to the Freedom of Information Act, 5 U.S.C. § 552 (1970), as amended, 5 U.S.C. § 552 (Supp. IV 1974) [FOIA]. He seeks disclosure of “all files, dossiers, communications, computer printouts and other documents” concerning him which defendant Central Inte...
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RULING ON PLAINTIFFS’ MOTION FOR AN AWARD OF COUNSEL FEES AND COSTS This suit, pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., was commenced on October 5, 1973, challenging the constitutionality of the hiring and promotional procedures with respect to minority groups in the New Haven Department of Fire Services (“Department”). The plaintiffs were the Firebird S...
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MEMORANDUM DECISION Ruling that the plaintiffs had not stated a cause of action under Maryland law in their amended complaint, this Court on April 19, 1976 granted the defendants’ motion to dismiss the amended complaint. Leave was granted to plaintiffs to file a second amended complaint within ten days. Counsel was further advised by letter from the Court that a status conference was be*199ing sc...
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DECISION The plaintiff, BMI, moves to restrain the defendant, CBS, by preliminary injunction from relitigating a copyright misuse claim which has already been tried and determined in this Court by Judge Lasker in the case of CBS v. ASCAP, reported at 400 F.Supp. 737 (S.D.N.Y.1975). That determination is presently on appeal to the Court of Appeals, Second Circuit; the...
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MEMORANDUM AND ORDER On November 1, 1976 this Court heard argument on the merits of a motion sought to be made by a “Notice of Motion for Order to Show Cause,” filed with me on that date. Familiarity with all prior proceedings is assumed. By our Findings and Conclusions dated June 4, 1976 made after an evidentiary hearing, we denied the motion of defendant Louis Ostrer for a new trial, and enlarge...
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MEMORANDUM ORDER This is an action under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., which seeks permanent injunctive relief against further violations of the provisions of the Act regulating minimum wages, and the mandatory rehiring or reinstatement of any employees found to be discharged under the Act. The prayer for injunctive relief on the minimum wage claim includes a prayer for re...
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MEMORANDUM TO COUNSEL The dispute over plaintiff’s Motion to Compel Discovery, now before the Court, revolves mainly over whether defendant Rust should be required to individually number each of some 318,000 documents which it has made available to plaintiff in response to plaintiff’s Interrogatories under the provision of Fed.R.Civ.P. 33(c). This rule permits a party to answer an interrogatory by...
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MEMORANDUM OPINION AND ORDER This is an action for injunctive relief and money damages in redress of the plaintiff’s federally-protected civil rights. 28 U.S.C. § 1343(3); 42 U.S.C. §§ 1983,1985(3). The defendants moved for a judgment on the pleadings. Rule 12(c), Federal Rules of Civil Procedure. The plaintiff failed to make a timely response thereto, local Rule 12(b), and thus is deemed to ha...
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MEMORANDUM OF DECISION This lawsuit arises out of efforts by the plaintiff City of New Haven to secure fed *650 eral funding from the defendant Administrator of the United States Environmental Protection Agency (APA) to construct secondary sewage treatment facilities. Though no grant application has been formally submitted and hence not yet rejected, plaintiff alleges, and de...
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MEMORANDUM ORDER On defendant’s motion to amend findings of fact and conclusions of law and judgment, and plaintiff’s cross motion for additional attorneys’ fees. In our memorandum decision of September 27,1976, we awarded plaintiff costs and attorneys’ fees in the amount of $78,986.39 on the premise that defendant’s offer of judgment under Rule 68, Federal Rules of Civil Procedure, was in the amo...
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MEMORANDUM OF OPINION On July 19, 1974 the plaintiffs, LandOhio Corp., Towpath Village Inc., David Brennan, and Thomas Merryweather, all residents of Ohio, filed this action seeking a declaratory judgment against the defendant, Northwestern Mutual Life Mortgage and Realty Investors, in the Summit County Ohio Court of Common Pleas. On August 16, 1974 the defendants removed the case to the ...
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427 F. Supp. 1089 (1976) SmithKLINE CORPORATION v. ELI LILLY & COMPANY. Civ. A. No. 75-1102. United States District Court, E. D. Pennsylvania. November 2, 1976. *1090 Frederic L. Ballard, William S. Rawls, Richard L. Sherman, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for plaintiff. Edward N. Sherry, Jack Kaufmann, Griffith B. Price, Jr., John F. Collins, Dewey, Ballantine, B...
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*1357OPINION The Defendants were charged in a six count indictment with violations of Title 18 of the United States Code, Section 371 (conspiracy), Section 1502 (obstruction of justice), and Section 1623 (making a false material declaration to a grand jury, and/or perjury). After conviction by a jury, Defendants now contend the evidence was insufficient to support such convictions and that errors...
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*1349 MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on Defendant’s Motion for Withdrawal of Plaintiff’s Counsel. The Motion, which was an alternative motion filed in the event that this Court denied Defendant’s cross motion for summary judgment, is based on Canon 5 of the Code of Professional Responsibility. This Court denied Defendant’s cross motion for summary...
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OPINION AND ORDER This is an action for declaratory, injunctive and monetary relief to recover certain payments made to defendant Interstate Federal Savings & Loan Association (Interstate) by plaintiffs George and Kathryn Schmidt, who prepaid a home loan they had with Interstate prior to the date of maturity. The complaint is based on alleged violations of federal regulations, breach of c...
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*354ORDER ON DETERMINATION OP CLASS ACTION In this action brought purportedly as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure the plaintiffs, Robert Trattner, Lillian Trattner, and Stephen Trattner, seek damages from various defendants for alleged violations of Section 10(b) of the Securities and Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5 thereunder, 17...
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Plaintiff, Cora Locklear, filed this action pursuant to Section 1631(c)(3) of the Social Security Act, 42 U.S.C. § 1383(c)(3), seeking review of the final decision of the Secretary of Health, Education and Welfare (“Secretary”), denying her claim for disability benefits under Title XVI of the Social Security Act. Title XVI, 42 U.S.C. § 1381 et. seq., establishes a national progr...
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ORDER WITHDRAWING LEAVE TO PROCEED IN FORMA PAUPERIS AND DISMISSING CAUSE WITHOUT PREJUDICE Petitioner, a state convict confined in the Missouri State Penitentiary, has filed pro se *729a petition for writ of habeas corpus on the official court forms provided for that purpose, challenging his confinement in the Administrative Segregation Unit of the penitentiary, seeking restoration of merit time,...
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OPINION AND ORDER In 1957, the American Insurance Company, the American Automobile Insurance Company, and the Associated Indemnity Corporation (the Affiliated Companies) established a revised retirement plan for their employees (TARP). After the acquisition of the Affiliated Companies by Fireman’s Fund Insurance Company (FFIC) in 1964, TARP was amended and “frozen,” thereby requiring its partic...
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MEMORANDUM Defendant Sheila Paige (“Paige”) brought this motion to suppress the use of her grand jury testimony in the prosecution of her indictment, predicated upon the circumstances of her grand jury appearance. Upon being subpoenaed to testify before the grand jury, Paige retained an attorney, one William Payten Smith (“Smith”). After consultation with the Assistant United States Attorney in...
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OPINION This suit under the Civil Rights Act, 42 U.S.C., section 1981 et seq., is brought by residents of New Jersey against the State of New York, the Unemployment Insurance Division of the New York State Department of Labor, and the Director of the Unemployment Insurance Division. The plaintiffs were formerly employed in New York. After they were discharged by their employers they applied for...
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OPINION Disciplinary Rules 5-101 and 5-102 of the Code of Professional Responsibility 1 require a lawyer to refuse employment or, if he has already accepted employment, to withdraw from the conduct of a trial when it is known or obvious that he or a member of his firm ought to testify for his client. This Court is here confronted with Defendant’s Motion for Disqualification of ...
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MEMORANDUM AND ORDER The defendants, Andrew Panteleakis, Guido R. Salvadore, Kent Nursing Home, Inc., Grandview Nursing Home, Inc., and Great American Nursing Centers, Inc. were indicted by the Grand Jury on twenty-one counts alleging fraud in the administration of the Federal Medicare Program as health care providers operating nursing homes. Defendants seek to be tried without a jury pursuant ...
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MEMORANDUM OPINION This suit arises from a labor dispute concerning the legality of a union shop agreement for a business operating on a federal enclave situated within Virginia. Jurisdiction is claimed on the basis of the existence of a federal question and an amount in controversy in excess of $10,000 exclusive of costs and interest. 28 U.S.C. § 1331. Plaintiff seeks declaratory and inj...
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MEMORANDUM AND ORDER This is a sexual discrimination suit against the federal government under 42 U.S.C. § 2000e-16 (1970), as amended, (Supp. V, 1975). The plaintiffs are Rosalind Marimont — a woman and a mathematician at the National Institutes of Health (“NIH”) — and the Association of Women in Science, Federally Employed Women, Inc., National Organization for Women, Self Help for Equal Ri...
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OPINION I. BACKGROUND These three infringement actions involve Patent No. 2,906,875 (September 29, 1959), issued to Edward T. Molinaro (hereinafter the “Molinaro patent”). The subject matter of this patent is a type of signal-seeking receiver. Signal-seeking receivers, as the term is broadly used, are devices which scan a frequency spectrum in search of a signal and stop when a signa...
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ORDER This case was referred by the Court to the United States Magistrate as master, pursuant to Fed.R.Civ.P. 69 and Fla.Stat. § 56.29(7), but not pursuant to Fed.R.Civ.P. 53. The Court allowed third parties to be impled as involuntary counterclaim-defendants, and ordered them, in their status as third-party transferees of the judgment-debtor in this case, to show cause why the transfer of the jud...
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The question in this bankruptcy appeal is whether under Georgia law a creditor who records an execution on his superior court judgment against the bankrupt after it is affirmed on appeal acquires a lien as of the date of the trial court judgment or as of the date of its filing for recording. The problem arises because section 67(a)(1) 1 of the Bankruptcy Act makes “null and void every lien . . ...
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ORDER Plaintiffs have filed their complaint alleging violations of the Truth In Lending Act, 15 U.S.C. § 1601, et seq., and seeking to proceed not only individually but also as representatives of an unknown but suspected class. Rule 23, Federal Rules of Civil Procedure. Even prior to service upon defendant this court, pursuant to Rule 23(d), has questioned the propriety of these plaintiffs who ar...
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Plaintiffs in this action are Louisiana domiciliaries, practicing law in Louisiana. A substantial portion of their business, as the facts of this case suggest, involves representation of Mississippi domiciliaries. In *80 October, 1975, plaintiffs executed a contract in Louisiana to represent Mr. Fauver, a Mississippi domiciliary, in the courts of Louisiana. Mr. Kyzar, the defendant...
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*1328 MEMORANDUM AND ORDERS REMANDING CASES TO STATE COURTS FROM WHENCE THEY WERE REMOVED I. These cases reflect the latest effort on the part of the United States Attorney’s office to remove ancillary garnishment proceedings commenced in State courts to collect judgments rendered in those courts against employees of the United States Postal Service. 1 Case No. 76...
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*1013MEMORANDUM AND ORDER Andrew DeLillo has been indicted on twelve counts for violations of 18 U.S.C. § 664 (theft or embezzlement from employee benefit plan).1 Contending that the facts charged do not constitute an offense under § 664, he has moved for dismissal. For the reasons set forth below, his motion is granted. I. In determining the motion, we must assume the indictment’s factual allega...
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MEMORANDUM Defendants Anthony Provenzano, Salvatore Briguglio, Harold Konigsberg and George Vangelakos have been charged with violating 18 U.S.C. § 1201. The two counts of the indictment charge 1) that the defendants conspired “[f]rom on or about the 1st day of January, 1961 up to and including on or about October 1, 1961” to kidnap Anthony Castellito, then Secretary-Treasurer of Local 560 of t...
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MEMORANDUM This purported class action is brought by William J. Shaffery, pro se, a prisoner at Leesburg State Prison in Leesburg, New Jersey, against Jerome L. Winters, Senior Attorney in the New York State Department of Correctional Services, and other unnamed officials in that Department responsible for implementing the challenged policies. Shaffery alleges that the defendants have violated an...
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MEMORANDUM OPINION AND ORDER Invoking the Court’s jurisdiction under 28 U.S.C. §§ 1331 and 1343, plaintiffs initiated . this action on September 21, 1976, under 42 U.S.C. § 1983 to redress alleged deprivations of their constitutional rights. On September 21, 1976, the Court granted plaintiffs’ motion for a temporary restraining order and directed defendants to make certain welfare payments both...
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OPINION AND ORDER I STATEMENT OF THE QUESTIONS INVOLVED Before us is an issue which appears to be one of first impression in the federal courts. Should a diversity suit which alleges negligent maintenance of personnel records be treated as a defamation action, rather than one sounding in negligence, with respect to the choice and application of the appropriate state sta...
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MEMORANDUM Plaintiff commenced this diversity action against W. R. Grace & Company (“Grace”) to recover damages resulting from an alleged breach of an employment contract. Specifically, plaintiff asserted that Grace failed to pay him an incentive bonus, as well as certain raises, educational benefits, severance benefits and equipment commissions, in accordance with his employment contract...
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ORDER ON DEFENDANTS’ MOTION TO DISMISS This matter comes before the court upon motion of the defendants, styled “Notice of Motion to Dismiss Complaint or For Severance of Claims”, which was accompanied by a Memorandum of Authorities and responded to by plaintiffs in a similar Memorandum. The case essentially involves an allegation by the two plaintiffs of wrongful discharge from their emp...
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MEMORANDUM This is an action for review of the final decision of the Secretary of Health, Education and Welfare pursuant to the Federal Coal Mine Health & Safety Act, 30 U.S.C. §§ 801, 901 et seq. Both the plaintiff and Secretary have moved for summary judgment and have filed briefs in support thereof. Plaintiff is a sixty-seven-year-old ex-coal miner who worked in the min...
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Memorandum and Order: For over six years petitioner J. Loyd Parker, Jr., has sought habeas corpus relief from state and federal courts on his claim that he is entitled to credit for the six years he spent in a state mental hospital before his trial and conviction. With reluctance this court holds that he is not entitled to that relief. The facts of Parker’s case are set out in the Fifth Circuit ...
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*588 DECISION AND ORDER This is an action brought to review a final decision of the Secretary of Health, Education and Welfare (the “Secretary”), determining that the plaintiff ceased to be entitled to disability payments under the Social Security Act (the “Act”) as of January 1971, and that benefits paid between April 1972 and December 1972, inclusive, constituted overpayments that must be r...
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MEMORANDUM OPINION In this diversity action, the plaintiff, Car-gill, Inc., seeks damages for an alleged breach of contract against the defendants, Atkins Farms, Inc. and F. K. Bradshaw. The plaintiff is a corporation organized under the laws of a state other than Arkansas with its principal place of business in Minneapolis, Minnesota. The defendant, Atkins Farms, Inc., is a corporation, organize...
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*1038 MEMORANDUM OPINION On June 17, 1976, plaintiff, Fair Ocean Company, Ltd., filed an in rem action against the cargo of the PERMINA SAMUDRA XII and an in personam action against PERUSAHAAN PERTAMBANGAN MIN-JAK DAN GAS BUMI NEGARA (hereinafter referred to as “PERTAMINA”). Plaintiff asserted as a basis for the action a maritime lien against defendant PERTA-MINA. Plaintiff is the owner of th...
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OPINION On June 6, 1972, Joaquin G. Blaz, Director of Revenue and Taxation of the Government of Guam, hereinafter referred to as “Director”, caused to be mailed to Petitioner Bank of America, National Trust & Savings Association, a notice of income tax deficiency in the amount of $537,375.36 for the taxable years ending December 31, 1965, 1966, 1967, and 1968. Petitioner, in a timely manner, file...
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*583 MEMORANDUM AND ORDER Petitioner, Thomas Charles Fuller, II, presently incarcerated at Menard Correctional Center, Chester, Illinois, seeks Habeas Corpus relief from a conviction for Murder. 28 U.S.C. § 2254. The Petitioner was arrested on April 28, 1968, and charged with the murder of five children in Coles County, Illinois. On October 23, 1968, he pled guilty to five counts of Murder ...
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ORDER This matter is before the court on defendants’ resisted motion to reconsider filed September 2, 1976. 1 This action alleging deprivation of civil rights under 42 U.S.C. § 1983 was commenced by plaintiff on September 11, 1974 against seven defendants, each of whom was sued in an individual and an official capacity. At the time of commencement only one defendant was then ...
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REASONS FOR JUDGMENT Before the Court was an attack on the constitutionality, under the Eighth Amendment, of the Federal rape statute. The defendant, William Johnson, is charged with a violation of 18 U.S.C. § 2031, which provides: “Whoever, within the special maritime and territorial jurisdiction of the United States, commits rape shall suffer death, or imprisonment for any term of years or ...
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MEMORANDUM AND ORDER *477 Plaintiff, Helen Teal, filed this action on November 7, 1975 to obtain judicial review, pursuant to 42 U.S.C. § 405(g), of the final decision of the Secretary of Health, Education and Welfare, who denied plaintiff’s claim for disability benefits. This case is before the court on a motion by plaintiff to reverse or in the alternative, to remand to th...
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OPINION This matter came before the Court on the basis of defendant’s motion to dismiss the indictment. The matter was briefed and argued by counsel. The undisputed facts are that the defendant was serving a state sentence in the Lawrence House of Correction on April 13,1976, when a federal grand jury returned an indictment charging him with six counts of income tax evasion. He was twice transf...
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MEMORANDUM and ORDER Plaintiff commenced this action pursuant to Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, alleging that he was wrongfully discharged and that a subsequent decision rendered by a joint arbitration committee upholding such discharge was improper and should be vacated. Defendant has moved to dismiss on the grounds that plaintiff’s complaint is time-...
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OPINION Deficiencies in the conduct of some defense counsel on the day of sentence can so acutely interfere with the functions of the sentence that they should not be received with amiable toleration. This is so in all cases — the hardened offender, the recidivist, the first offender and youth. The misapprehension of counsel in this regard often seems to be based upon a want of understand...
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OPINION and ORDER The case sub judice is a private antitrust action brought by Earl Mowery, formerly the operator of a Standard Oil service station in East Toledo, Ohio, under a Consignment Dealer Agreement, 1 against the Stan *765 dard Oil Company of Ohio, a vertically integrated corporation which refines, wholesales and retails gasoline throughout the ...
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OPINION Plaintiff’s cause of action is based upon the defendant’s alleged failure to adequately comply with the disclosure provisions of the Truth-in-Lending Act (the Act), 15 U.S.C. § 1601 et seq., and Regulation Z, 12 C.F.R. § 226.1 et seq. Jurisdiction is based on Section 130(e) of the Act, 15 U.S.C.A. § 1640(e). The facts are not in dispute. On June 17, 1974, plaintiff, Richard Gennus...
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MEMORANDUM OPINION AND ORDER The above styled cause came for hearing on Plaintiff’s motion for preliminary injunction and advanced and consolidated trial on the merits on October 22, 1976. The Court, having carefully considered all the evidence, the briefs and the argument in the case, is of the Opinion that declaratory relief should be granted and that an injunction should issue. The material fac...
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ORDER Petitioner, a state prisoner, is confined pursuant to a judgment following his conviction of a violation of California Penal Code section 187 (murder) in the first degree. 1 He has submitted a petition for writ of habeas corpus and contends (1) that statements taken in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), were erroneously received in evi...
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MEMORANDUM This is an action for money damages which was properly removed by one of the defendants from Superior Court pursuant to 28 U.S.C. § 1442(a)(1). 1 The plaintiff in this action is a former organized crime figure who has turned government informant and congressional witness. Defendants Manuel and Phelps are, respectively, an investigator for the Senate Permanent Subcommittee on Invest...
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MEMORANDUM AND ORDER This is an action by Mobil Oil Corporation (“Mobil”) against the Commissioner of Patents and Trademarks (“Commissioner”). Mobil claims that the Commissioner’s refusal to extend the sixty-day limit for filing a patent claim in district court was arbitrary and capricious. I. On April 29, 1975, the Board of Appeals of the United States Patent and Trademark Office (“Board o...
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MEMORANDUM This is a civil action in rem in which the United States seeks an order of the Court enforcing a forfeiture of the Mercedes-Benz vehicle involved herein, pursuant to 21 U.S.C. § 881(a)(4) and pursuant to 49 U.S.C. §§ 781 and 782. Jurisdiction is based on 28 U.S.C. § 1335. The complaint alleges that a 1973 Mercedes-Benz, Vehicle I.D. No. 11501012089216, was registered to one Donald C. Jo...
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OPINION This case, a consolidation of three civil actions involving numerous questions of alleged patent and trademark infringement, unfair competition and antitrust violations, was tried in part' before this court without a jury from May 17 to May 21, 1976. The antitrust aspects of the case, to the extent that they have not been settled by reason of stipulations, judgments and orders her...
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OPINION Plaintiff and defendant cross-move, pursuant to Rule 56, Fed.R.Civ.P., for summary judgment in this action for payment upon an automobile accident insurance policy. 1 The underlying facts of this suit are undisputed. 2 Defendant, Government Employees Insurance Company (“GEICO”), issued a Family Combination Automobile Policy to Donald P. White, a member of t...
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This suit raises important questions regarding the application of federal securities laws to the sale of commercial paper. It is one of a number of actions by persons who in the Spring of 1970 bought commercial paper issued by the Penn Central Transportation Company (Penn Central, or the Company) from the defendant, Goldman, Sachs & Co., which was the exclusive dealer in the securities. 1...
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MEMORANDUM This is an action brought under Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 for alleged fraud in the sale of industrial revenue bonds issued by defendant Barnwell County, South Carolina (“Barnwell County”). Four motions are currently before this Court. First, Barn-well County and several other defendants have moved for a ...
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MEMORANDUM, OPINION AND ORDER Defendant moves the Court pursuant to the provisions of Title 18, U.S.C. Section 5021(b), commonly referred to as the Federal Youth Corrections Act (Act), to have his conviction set aside, his probation discharged and specifically requests an Order: Directing the expungement and deletion of any and all records, reports, index references, documents, photographs, f...
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MEMORANDUM ORDER ON MOTION TO SUPPRESS Defendant has moved to suppress certain evidence seized from his person. A Pennsylvania state search warrant had been issued for premises described as being occupied by defendant and another person. No attack is made on the probable cause adequacy of the search warrant. The city police officers executed the warrant at the premises beginning at about 10 p. ...
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OPINION Defendant in the above-entitled case has been indicted for unlawful possession, with intent to distribute, of heroin under 21 U.S.C. 841(a)(1). Defendant has moved to suppress evidence found during a search, pursuant to a search warrant, on the grounds that the affidavit presented to the magistrate in support of the search warrant issued for defendant’s residence does not on its f...
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MEMORANDUM AND ORDER OF DISMISSAL This action is brought under the Voting Rights Act of 1965, as amended, 42 U.S.C. §§ 1973-1973c [hereinafter “the Act”]. Plaintiffs filed their original complaint and application for a three-judge court on 21 September 1976, and the following day filed their motion for a temporary restraining order and preliminary injunction. A eónference with counsel for...
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MEMORANDUM AND ORDER DENYING MOTION TO COMPEL ARBITRATION This matter is before the court on defendant’s motion to compel arbitration pursuant to the United States Arbitration Act, 9 U.S.C. § 4 (1970). Jurisdiction is found in 28 U.S.C. § 1337 (1970) and under the doctrine of pendent jurisdiction. Defendant ContiCommodity Services, Inc., is a commodities brokerage firm. Defendant Har...
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SECOND CORRECTED MEMORANDUM OF OPINION AND ORDER Plaintiff brought this action on her own behalf and on behalf of all those similarly situated against the United States of America and against numerous present and former federal officials. The original complaint alleged that during the period 1955 through 1973 defendants unlawfully opened the sealed first-class mail plaintiff and other mem...
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MEMORANDUM OPINION Relators in these actions seek to recover under the False Claims Act, 31 U.S.C. §§ 231-32, funds alleged to have been wrongfully claimed from the government by Congressman Wayne Hays and several persons associated with him. The alleged misdeeds upon which the actions are based *255 were first made public in the May 23, 1976 edition of the Washington P...
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RULING ON DEFENDANTS’ MOTION TO DISMISS Red Star Towing and Transportation Company, a West Virginia corporation, brought this suit in admiralty against the State of Connecticut and its Commissioner of Transportation, to recover for losses resulting from the collision of a barge with an abutment of the Tomlinson Bridge which is owned by the State and spans the Quinnipiac River in New Haven, Connec...
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OPINION I. PROCEEDINGS. Plaintiff Bell Telephone Laboratories (“BTL”) filed suit under 35 U.S.C. § 2911 against defendants Hughes Aircraft Co. (“Hughes”) and General Instruments Corp. (“GI”) to determine priority of their respective patents related to methods of making silicon-gate field-effect transistors.2 GI filed an answer to plaintiffs complaint and a response to a motion to dismiss brought ...
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MEMORANDUM OPINION This is an action for injunctive and declaratory relief. Jurisdiction rests under 28 U.S.C., Sec. 1331. The plaintiff is seeking to restrain the defendant, Guam Environmental Protection Agency, its Acting Administrator, and the Chairperson of its Board of Directors from enforcing Regulations on Import Procedures for Pesticides and Devices approved by the Board of Directors on Ma...
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MEMORANDUM AND ORDER The plaintiff, an inmate, duly and legally confined in the Indiana State Prison claims the benefits of the Federal Fair Labor Standards Act, Title 29 U.S.C. 201 et seq. in regard to a work release program wherein he performs work on a trustee status at Saint Anthony’s Hospital in Michigan City, Indiana, in the criminal detention ward where inmates of the Indiana State...
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OPINION The Louisiana Education Association (LEA), the Riehland Parish Education (RPEA) and Ms. Lottie S. Dickson brought this action to enforce an order of this Court of June 12, 1975, in Civil Action 15,796, Hope Smith, et al, v. Richland Parish School Board, et a1, and in Civil Action 12,169, United States v. Richland Parish School Board, et al. Plaintiffs named t...
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MEMORANDUM AND ORDER This is a complaint by which plaintiff seeks judicial review of the final decision of the Comptroller of the Currency approving the application of defendant organizers to establish a national bank. The action is brought under the provisions of 5 U.S.C. § 702 (1970). The cause pends on cross-motions for summary judgment. On April 29, 1974, application was made to the Comptrolle...
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MEMORANDUM Petitioner, Joseph Denti, is currently serving an indeterminate prison term of three years for a New York State gambling violation. He seeks a writ of habeas corpus, challenging his conviction on the grounds that 1) it was based on evidence seized in violation of the Fourth Amendment; 2) the trial court’s instructions to the jury were so erroneous as to deny due process; and 3)...
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MEMORANDUM Plaintiffs are welfare recipients who challenge 18 N.Y.C.R.R. § 358.8(c)(1) insofar as it permits public assistance benefits to be reduced, terminated or suspended prior to a “fair hearing” decision, when the State Department of Social Services unilaterally determines that the change in aid is based solely on issues of state law or policy. They seek a preliminary injunction aga...
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OPINION I The Jury Verdict This is an action for personal injuries and property damage sustained as the result of the crash of a jet airplane in Israel on January 21,1970. Plaintiffs are Israel Aircraft Industries, Ltd. (“IAI”) the owner of the aircraft, and the three crew members, Zohar Landau, Mordechai Muscatel, and Hagai Koren (“Landau”, “Muscatel” and “Koren”) all of whom were injured when ...
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OPINION AND ORDER INTRODUCTION This suit is brought by a Polish-American against Bethlehem Steel Corporation claiming violation of his rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., to be free from national origin and race discrimination in employment. He seeks injunctive relief as well as reinstatement, back-pay and damages. The case...
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ORDER This is an action to determine the accountability of the defendant, South Carolina National Bank (SCN), to the plaintiff, North Carolina National Bank (NCNB), for the full amount of a $160,000 check under the provisions of the Uniform Commercial Code (UCC). It was tried before the Court without a jury on September 9, 1976. NCNB contends that SCN made final payment of the item under the ...
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*552 MEMORANDUM OPINION Before the Court is a motion by defendant Trott to suppress all the evidence seized in connection with a search of a residence at 1629 Willow Avenue, Pleasant Hills, Wilmington, Delaware, belonging to Trott and his wife, on or about July 23, 1976. 1 This search preceded the return of a three count indictment charging Trott and Martines with dist...
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This ease is presently before the court upon the motions of defendants City of Detroit Lakes and County of Becker 1 to dismiss the action against them due to lack of subject matter jurisdiction and for failure to state a claim against them upon which relief can be granted. 2 These motions present the narrow issue of whether plaintiffs may sue a municipality for money damages based upon allege...
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MEMORANDUM This matter comes before the Court for decision on the merits subsequent to a plenary evidentiary hearing to the Court and the submission of post-trial briefs. Plaintiff, Construction and General Laborers Union, Local No. 1140, affiliated with International Laborers Union of North America, AFL-CIO (referred to herein as Local 1140), instituted this action on February 12, 1975, under § ...
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OPINION The defendant, Acheson Industries, Inc. (“Acheson”), moves pursuant to Rule 56(b) of the Federal Rules of Civil Procedure that summary judgment be awarded in its favor for (1) past due royalty payments under a licensing agreement whereby plaintiff was licensed to manufacture and sell products under claims of defendant’s patent, and (2) future minimum royalty payments due to March ...
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OPINION Steven Paul Rombom, charged as a juvenile delinquent, moves for an order declaring Section 5032 of the Federal Juvenile Delinquency Act, 18 U.S.C. §§ 5031 et seq. (1974), unconstitutional on its face and as applied on the ground that that section places an impermissible burden on his Fifth Amendment right to plead not guilty and his Sixth Amendment right to a trial by jury. The pertin...
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MEMORANDUM AND ORDER By these actions plaintiffs seek to invalidate Section 209 of Public Law 94-439, the Departments of Labor and Health, Education, and Welfare Appropriation Act, 1977; that section became law on September 30, 1976. It provides that: None of the funds contained in this Act shall be used to perform abortions except when the life of the mother would be endangered if t...
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OPINION Plaintiffs have moved for an injunction barring the application of the no-beard rule at the Greenhaven Correctional Facility to those inmates required to grow beards out of medical necessity, and to members of the Sunni Muslim religion who must grow beards in the free exercise of their religious beliefs. In addition, plaintiffs have moved for class action certification. To the ext...
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OPINION Plaintiffs, New York City public school students of Hispanic origin (along with their parents and guardians), are entitled to a program of bilingual education under a consent decree signed on August 29, 1974. The decree was made pursuant to 42 U.S.C. § 2000d, federal regulations and guidelines thereunder, and the Supreme Court’s enforcing pronouncements in Lau v. Nichols, ...
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MEMORANDUM OPINION and ORDER The plaintiff, Mary M. Garlic, has filed this action challenging the final decision of the Secretary of Health, Education and Welfare denying her claim for 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)...
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MEMORANDUM OPINION I. Introduction This is a suit to declare an expired United States patent invalid or, alternatively, to establish by declaratory judgment the scope of the patent as it affects a present controversy between Hanes and three French citizens who, as assignors of the patent, are claiming certain royalties from Hanes as assignee. The matter is before the Court on...
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OPINION In this action plaintiff, Clopay Corporation has charged defendants Blessings Corporation and Blessings Products, Incorporated, with infringement of Trounstine, et al., Patent No. 3,484,835, a patent for embossed plastic film. Plaintiff, the owner of the patent-in-suit, seeks a judgment that plaintiff’s patent is valid and has been infringed, and asks that defendants be enjoined f...
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424 F.Supp. 1178 (1976) David ASHWORTH, et al. v. Ben W. FORTSON, Jr., Secretary of State. Civ. A. No. C-76-861-A. United States District Court, N. D. Georgia, Atlanta Division. October 21, 1976. *1179 Al Leake pro se. Don A. Langham, Timothy J. Sweeney, Michael J. Bowers, State of Georgia Dept. of Law, Atlanta, Ga., for defendant. Before HILL, Circuit Judge, and HENDERSON and FREEMAN, District J...
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DECISION AND ORDER This complaint is an action in the nature of mandamus, stating a jurisdictional base under 28 U.S.C. § 1361, to compel the defendants, Commissioners of the Civil Service Commission, to reinstate him, with back *1360 pay, as an employee at the Army Arsenal at Rock Island, Illinois. The cause is before the court upon the defendants’ motion to dismiss for want...
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MEMORANDUM OPINION Motions to Dismiss I. Introduction In this three-count action, plaintiff Anthony T. Cartolano charges the four named defendants and others with conspiracy to violate and actual violation of his constitutional rights through a systematic pattern of harassment, which allegedly included the abuse of process, unconstitutional search and seizure, malici...
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This case was initiated by a complaint filed on July 3, 1973 by plaintiffs, Communication Workers of America, AFL-CIO (CWA) and Harriet Wilhite, individually and on behalf of all similarly situated non-supervisory female employees of South Central Bell Telephone Company. Plaintiffs allege various provisions of defendant’s Benefit Plan for employees concerning payment under health and temporary ...
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This matter came before the Court on plaintiffs’ motion for a preliminary injunction and summary judgment and defendants’ motion to dismiss or stay all further proceedings. Plaintiffs own an “all-electric” lower income housing project containing a total of 128 units that receives mortgage insurance and mortgage interest reduction payments under § 236 of the National Housing Act, 12 U.S.C. § 1715 z...
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MEMORANDUM AND ORDER This matter comes before the Court upon the motion of defendant, Honda Motor Company, to dismiss for lack of personal jurisdiction [Filing # 33]. The pleadings reveal the following allegations. On July 11, 1971, plaintiff was a passenger on a 1971 Honda motorcycle operated by Richard Lee Emry. The motorcycle was sold to Emry by Ramer Motors on July 10, 1971, and ...
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OPINION Moving defendants’ (William Drisler, Jr., Edward Whitmore, Robert Lear, Richard Powers and John O’Sullivan) application for an order dismissing the complaint for failure to state a claim upon which relief can be granted and for lack of subject matter jurisdiction, is granted. Plaintiff’s cross-motion for summary judgment against these defendants, is denied. FACTS This is...
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MEMORANDUM AND ORDER The above-captioned action, a subject of unhappily protracted litigation, is once again before this Court, on cross-motions pressed by plaintiff Dynamark Corporation (Dynamark) and defendant Coopers & Lybrand (Lybrand). The latter has renewed its earlier motion to dismiss the amended complaint herein, pursuant to Rule 12(b)(6) F.R. Civ.P., for failure to state a claim upon wh...
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OPINION Plaintiff MCA, Inc. brings this action under the Federal Copyright Laws, Title 17 U.S.C., for copyright infringement and wrongful appropriation of its copyrighted song, “Boogie Woogie Bugle Boy” (hereinafter “Bugle Boy”) by the unauthorized copying of the song by defendants who made it a part of the musical piece entitled “The Cunnilingus Champion of Co. C” (hereinafter “Champion”...
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This indictment contains eighty counts, seventy of which charge violation of the mail fraud statute (18 U.S.C. § 1341) and ten charge violation of the Interstate Land Sales Act (15 U.S.C. § 1703). The mail fraud statute provides a maximum punishment of five years’ imprisonment and a $1,000 fine. The Interstate Land Sales Act provides a maximum punishment of five years’ imprisonment and a $5,000 f...
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MEMORANDUM and ORDER After a jury trial, Patrick J. Clifford was convicted of one count of falsifying a material fact in a matter within the jurisdiction of the Office of the Comptroller of the Currency (18 U.S.C. § 1001). 1 More specifically that count of the indictment charged that: On or about February 19, 1971, within the Eastern District of New York, Patrick J. Clifford, the defendant,...
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MEMORANDUM OF OPINION On May 8, 1975 the National Highway and Traffic Safety Administration [NHTSA] issued a non-final administrative determination that Firestone’s 500 Bias Ply Steel Belt Tire [500 Tire] was in non-compliance with Federal Motor Vehicle Safety Standard 109 [FMVSS 109], 49 C.F.R. § 571.109, which prescribes laboratory wheel tests designed to determine the high speed and en...
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MEMORANDUM OPINION AND ORDER Plaintiffs complain of wrongful termination of their teaching contracts and assert claims arising under 28 U.S.C. § 1331, 42 U.S.C. § 1983 and the Fourteenth Amendment to the Constitution of the United States, alleging such terminations were not in compliance with applicable standards and constituted deprivation of property without due process of law. Plaintiffs do ...
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OPINION I. BACKGROUND . Chrysler Corporation and Chrysler Motors Corporation in one action and General Motors Corporation in another action sought injunctions against E. L. Jones Dodge, Inc. prohibiting, proceeding with the prosecution of their joinder in an action in trespass as filed in the Court of Common Pleas of Cambria County. On January 27, 1972, Theodore C. Joseph was seriously injured wh...
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MEMORANDUM AND ORDER Plaintiff, Titan Environmental Construction Systems, Inc. (“Titan”), brought this action against the School District of Philadelphia (“School District”), seeking compensation for architectural services rendered by it to the School District. The case was tried, non-jury, before this Court. After careful consideration of the conflicting testimony and exhibits presented at trial,...
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OPINION CONCERNING THE PROPRIETY OF CLASS ACTIONS Before the court are the motions of various plaintiffs pursuant to Rule 23(c)(1) of the Federal Rules of Civil Procedure, for an order determining that certain actions involved in this litigation and commenced on behalf of similarly situated persons and entities should proceed as class actions and, furthermore, that the classes plaintiffs seek to ...
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MEMORANDUM OPINION AND ORDER This is a civil action seeking money damages or alternatively the reinstatement of the plaintiff to his former employment by his former employer, the defendant herein. The complaint avers that such corporation “* * * deprived [the plaintiff] of his civil rights, in violation of the 1964 and 1968 *406Civil Rights Act * * * and * * * that he was denied due process of la...
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OPINION AND JUDGMENT Plaintiff has filed this action challenging the final decision of the Secretary of Health, Education and Welfare establishing an onset date for plaintiff’s receipt of “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 incorp...
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OPINION AND ORDER Plaintiff, Paul Naton, a trust officer of the defendant, The Bank of California, National Association (the Bank), was discharged by the Bank at the age of sixty, and brings this action against the Bank under the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621 et seq., alleging his discharge was caused solely on account of his age in violation of 29 U.S.C. § ...
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OPINION A school board’s decision not to renew the contracts of non-tenured teachers because of an anticipated reduction in student enrollment has resulted in this lawsuit by the teachers and their bargaining representative who allege a denial of procedural and substantive due process in the actions of the school board which left non-tenured teachers without a job for the ensuing school y...
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MEMORANDUM AND ORDER This matter is before the Court by way of petitioner’s February 12, 1976 motion for summary judgment pursuant to a petition for writ of habeas corpus filed November 24,1975. Said petition seeks relief from an August 12, 1963 guilty plea to a charge of murder in the District Court of Iowa in and for Calhoun County, Criminal No. 1824. After hearing oral argument pertaining to...
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MEMORANDUM OPINION AND ORDER The plaintiff Ricky Lee Holifield injured his back in July of 1967 while working as a pantryman aboard the S/S FORT HOS-KINS. 1 On September 17,1969 W. W. Holifield filed suit in another section of this court on behalf of his minor son, Ricky Lee (20 years old), seeking to recover damages for the 1967 injury from Cities Service Tanker Corporation as...
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*956MEMORANDUM AND ORDER In our order of June 18, 1974, Chenoweth v. Weinberger, 376 F.Supp. 1338 (W.D.Mo. 1974), we denied the defendant’s motion to dismiss and remanded the case back to the Secretary to determine whether the requirements of res judicata under 20 CFR 404.937(a) were met, or whether the evidence met the criteria for the reopening of cases under 20 CFR 404.957 and 404.958. The matt...
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MEMORANDUM AND ORDER This matter comes before the Court upon the motion of the third-party defendants, Keith Blackledge and Bruce Claussen, to dismiss the third-party complaint for failure to state a claim upon which relief may be granted [Filing # 81]. This action was brought on January 9, 1975 by Marvin Reese on behalf of his son, David A. Reese, who suffered severe injuries and pa...
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OPINION Plaintiff Theresa J. Ste. Marie (“Ste. Marie”) moves, pursuant to Rule 23, F.R. Civ.P., for certification of a plaintiff class of all female employees of the defendant organizations. Plaintiff, acting on her own behalf and on behalf of those similarly situated, has brought this sex-discrimination suit for injunctive and declaratory relief and damages against her employers, the Eastern Rail...
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This is plaintiff’s second action under the Freedom of Information Act (FOIA), 5 U.S.C. § 552(a)(3), seeking to compel disclosure of a memorandum, dated October 24, 1952, from President Harry S. Truman to the Secretaries of State and Defense which established the National Security Agency (the Truman Memorandum). In the first action, 64 F.R.D. 1 (E.D.N.Y.), this court held that the document was ex...
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MEMORANDUM OPINION Motion to dismiss the complaint, for failure to state a claim upon which relief can be granted and for lack of subject matter jurisdiction, is denied. Plaintiff, as beneficiary of a trust, has standing to bring an action based on § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5 of the Securities and Exchange Commission, 17 C.F.R. §...
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OPINION Petitioner Vincent Yanni and seven others were convicted in September 1972 after an extended jury trial before former District Judge Harold R. Tyler, Jr., of a conspiracy which the Court of Appeals, in affirming the convictions, described as “the operation of a large-scale narcotics ring from suburban New York and New Jersey which supplied dealers and distributors in Harlem.” ...
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OPINION This is a criminal prosecution commenced in the Supreme Court of the State of New York, Bronx County, based upon an indictment returned by a grand jury charging William Jenkins with robbery in the first degree committed on different dates and *414 with criminal possession of a gun used on the occasion of each alleged robbery. The indictment was returned on Octobe...
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OPINION Plaintiff Commodity Futures Trading Commission (“CFTC”) moves by order to show cause for a preliminary injunction, pursuant to Rule 65, Fed.R.Civ.P., to enjoin defendant British American Commodity Options Corp. (“British American”) from making use of the mails or any means or instrumentality of interstate commerce in violation of Section 4m of the Commodity Exchange Act, as amende...
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MEMORANDUM Plaintiff, Swiss Credit Bank (“Swiss Credit”), moves for summary judgment, *1307 pursuant to Rule 56 of the Federal Rules of Civil Procedure on the grounds that under Sections 3-404 and 3-406 of the New York Uniform Commercial Code (“N.Y.U.C.C.” or the “Code”) defendant Chemical Bank is precluded from denying its forged endorsements on three promissory notes, the s...
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OPINION This case comes before the court on plaintiff’s motion pursuant to Rule 12(b)(6), Fed. R.Civ.P., for dismissal of the counterclaim for failure to state a claim upon which relief can be granted and, alternatively, for summary judgment on the counterclaim pursuant to Rule 56, Fed.R.Civ.P. I have considered the sufficiency of the counterclaim in this opinion, however, pursuant to Rul...
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MEMORANDUM AND ORDER This is a diversity action in which plaintiff seeks compensatory damages for the wrongful death of plaintiffs’ decedent, Lawrence Malone, and for personal injuries to plaintiffs Monica and Carol Malone, arising out of an automobile accident with defendant Hall on September 3, 1975, in Lo- *1001 rain County, Ohio. Defendant Shippers Dispatch, Inc. [Shippers] seeks indemnif...
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MEMORANDUM OF DECISION On October 8, 1974, the plaintiffs, Butz and Duff, both citizens and residents of Pennsylvania, were seated side by side as passengers on BOAC Flight BA501 from London, England to New York City, New York. As the aircraft approached New York and began its descent, both plaintiffs experienced sudden severe pains in their ears. Thereafter, they brought this action...
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423 F. Supp. 381 (1976) Harold OLSON, Plaintiff, v. James T. MURPHY et al., Defendants. Civ. A. No. 76-1101. United States District Court, W. D. Pennsylvania. October 20, 1976. *382 Felix DeGuilio, Pittsburgh, Pa., for plaintiff. Thomas H. M. Hough, Pittsburgh, Pa., for Civil Service Comm. James H. McLean, Pittsburgh, Pa., for all remaining defendants. OPINION MARSH, District Judge. Following hi...
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MEMORANDUM AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT Plaintiff sues Dean Witter & Co. Incorporated, a brokerage firm, alleging that one of its employees recommended that he consult the investment counseling firm of Fields, Grant & Company in connection with his plan to diversify his large holding in Wynn Oil, a family controlled business. Plaintiff claims that he was told that Dean Witter ha...
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ORDER SETTING ASIDE MAGISTRATE’S FINDINGS AND RECOMMENDATION AND REMANDING ACTION TO STATE COURT This state law antitrust action was originally brought in the California Superior Court for San Mateo County. The complaint seeks damages on behalf of a named plaintiff and a class of persons who purchased new Volvo automobiles from California Volvo dealers in the period between 1967 arid 1976....
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RULING ON MOTION TO STRIKE DEMAND FOR JURY TRIAL Defendants’ motion to strike plaintiffs’ jury demand in this oil spill case raises important questions concerning the availability of federal jurisdiction for water pollution claims. The plaintiffs in this action claim damages for injuries arising out of an oil spill in Bridgeport harbor in 1970. The complaint alleges that while a cargo of ...
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MEMORANDUM OPINION Before the court is the defendants’ motion to dismiss the plaintiff’s civil rights action for failure to state a claim upon which relief may be granted. 1 The plaintiff’s complaint alleges that the defendant school board’s determination to relieve the plaintiff of his duties as principal and reassign him to a regular teaching position violated his federally protected rights...
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MEMORANDUM OPINION Plaintiffs, Ann and Arnold M. Flamm, are co-trustees of a trust which purchased and sold shares of stock of defendant Microdot, Inc. The complaint alleges that during the period beginning on December 5, 1975 and ending on January 23, 1976 the defendants made false and material misstatements or omissions in connection with the sale of Microdot common stock during the pendency of...
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SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS OF LAW On September 2, 1976, the Fifth Circuit Court of Appeals, while retaining jurisdiction of this case on appeal, remanded it to the District Court for additional findings of fact and conclusions of law with respect to four issues. 538 F.2d 96. (1) What constitutes an unusual and dangerous crossing? *489Plaintiff relied upon the statutory presumpt...
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MEMORANDUM This is an action charging defendants with violations of federal securities laws *857 and common law principles regarding misrepresentations and material omissions allegedly made by defendants to plaintiffs in connection with a 1969 acquisition by defendant B. T. Babbitt, Inc. (“BTB”) 1 of the stock in three companies owned by plaintiff. Defendants ...
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MEMORANDUM AND ORDER On June 30, 1971, defendant bank exercised its right of set-off against a checking account having a balance in favor of Oakland Foundry of Belleville, Illinois, Inc. in the amount of $108,783.91. These funds were applied against Oakland’s indebtedness to the bank in the amount of $125,000. Fifteen days later, on July 15, 1971, an involuntary petition in bankruptcy was filed a...
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This is a motion by defendant Arya Shipping Lines, S.A. pursuant to Rule 56 of the Federal Rules of Civil Procedure for summary judgment on the amended cross-claim brought against it by Iranian Shipping Lines, S.A. (hereinafter “ISL”). The Manta defendants, 1 Robert R. Kreis and the firm of Levin, Kreis, Ruskin & Gyory have also moved for summary judgment on that cross-claim upon the...
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OPINION The facts alleged in the complaint of plaintiff, DiCesare-Engler Productions, Inc., will be taken as true for the purposes of the disposition of these motions. Plaintiff is a corporation, doing business in Pennsylvania, and is in the business of promoting music concerts. Defendant, Mainman Ltd. (“Mainman”), is a corporation doing business in Pennsylvania. Defendant, David Bow...
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*123 MEMORANDUM AND ORDER Defendant, James Harris, Jr., after a non-jury trial before this Court, was adjudged guilty on February 13, 1976, of the offenses of transportation in interstate commerce of a stolen motor vehicle, and theft from an interstate shipment, violations of 18 U.S.C. §§ 2312 and 659, respectively. We issued special findings from the bench on that date. Pur...
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OPINION In this case, the court must interpret the scope and meaning of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, enacted into law in the United States as 9 U.S.C. 201 et seq. and the extent of the parties’ contractual agreement to arbitrate. On June 5, 1970, Fuller Company, a Pennsylvania corporation, and Compagnie Des Bauxites De Guiñee [Hereinafter: ...
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OPINION AND ORDER These cases are presently before the court for consideration of a number of motions to dismiss. 1 Each plaintiff complains that she has suffered harm resulting from sex-based discrimination at the hands of defendants Talbot Rantoul, Donald M. Lay, Jr., and the Rhode Island School of Design (hereinafter collectively referred to as RISD). The United States of Am...
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MEMORANDUM OPINION AND ORDER The motion of the Dallas Independent School District (DISD), defendant, to dismiss this claim under the authority of National League of Cities v. Usery,-U.S. -, 96 S.Ct. 2465, 49 L.Ed.2d 245 (1976) came on for consideration before the Honorable Robert M. Hill, United States District Judge. The court has considered the motion and the briefs of counse...
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OPINION and JUDGMENT Rudyard S. Baxter, a prisoner at White Post Correctional Unit # 7 has filed this pro se suit against Gregory K. Lewis, a Lieutenant and Assistant Superintendent at White Post Correctional Unit # 7, and others at Unit # 7. The petitioner has been allowed to proceed in forma pauperis and his complaint has been considered as a motion for monetary and injunctive relief pursuant to...
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MEMORANDUM I This is a consolidation of two suits brought to obtain injunctive relief and other. redress from an alleged systematic course of discriminatory conduct directed at the plaintiff because of his race, national origin and religion. Jurisdiction of this court is invoked under Title VII of the 1964 Civil Rights Act as amended and 28 U.S.C. § 1331(a). At a non-jury trial, opening evidence,...
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MEMORANDUM AND ORDER The complaint in this case is in eight counts. The basic assertions on liability are set forth in Counts I and III, negligence; Counts V and VI, express and implied warranties; Counts VII and VIII, strict liability. Claims for personal injuries, loss of consortium are asserted. On April 15, 1974 Ford Motor Company filed a Motion to Dismiss Counts V, VI, VII and V...
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RULING ON DEFENDANTS’ MOTION TO DISMISS Plaintiff, Howard L. Chapman, a well-to-do Shreveport podiatrist, here seeks to sue the United States upon his claim that his constitutional right to freedom of religion is being breached. Initially we raised the issue sua sponte whether a three-judge court should be convened to hear the constitutional argument plaintiff raises. In light of the jurisprudence...
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MEMORANDUM OF DECISION This is an action by Pittsburgh Coke & Chemical Company (“PCC”) 1 to recover from the defendant Louis J. Bollo (“Bollo”) damages in the amount of $3,100,000, representing the larger portion of the consideration paid by PCC to him and other stockholders of Standard Aircraft Equipment Company (“Standard”) to complete PCC’s acquisition of a 97% controlling i...
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This is a diversity action between Hartford National Bank and Trust Co. and Westchester Federal Savings & Loan Association over a sum on deposit at the Westchester Bank which was allegedly pledged to the Hartford Bank by a depositor. A trial has been held and this opinion constitutes my findings of fact and conclusions of law. Herbert Stoll, the general partner is a limited partnership known as Hy...
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OPINION AND ORDER I. Preliminary Statement This is a suit on a policy of title insurance, which is now ripe for disposition on cross-motions for summary judgment. The parties have agreed to the essential facts and, after submission of exceptionally able briefs and oral argument, have left for our determination a most difficult case which turns on application of somewhat obscu...
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MEMORANDUM OPINION Plaintiff Mary Lee Jamerson brought this action against defendants Carl G. Miles and J. M. Friedman for alleged violations of the Truth in Lending Act, specifically 15 U.S.C. § 1635(a) (1968). 1 Jurisdiction lies under 28 U.S.C. § 1337 (1964), which gives the district courts original jurisdiction of any civil action arising under an act of Congress regulating...
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MEMORANDUM Plaintiffs, two current employees and the representative of a deceased former employee of the defendant company, bring this action under 42 U.S.C. §§ 1981, 2000e-2 to redress alleged racially discriminatory employment practices engaged in by the defendant E. I. DuPont de Nemours & Co. Ampthill Rayon Workers, Inc., a labor union, is also named as a defendant. The plaintiffs seek monetar...
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MEMORANDUM AND ORDER There are presently pending before this Court two motions both brought on behalf of the defendant. The first motion requests a dismissal of the action brought pursuant to 42 U.S.C. § 2000e and the second seeks a dismissal of all claims for back wages under 42 U.S.C. § 1981. This suit is brought to redress grievances for alleged discriminatory employment practices...
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ORDER This matter came on for consideration on defendants Clemco, Inc., and Mobile Paint Company’s motions for summary judgment, which argue that the claims presented by this suit are time barred. Clemco, Inc. contends that California or Tennessee law should govern the issues presented by its motion for summary judgment. The main point argued is that the law of the state in which the...
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OPINION This is a petition for writ of habeas corpus based on allegations that procedures followed by the United States Board of Parole (now the United States Parole Commission), which resulted in revocation of Petitioner’s parole, violated the due process *456clause of .the Fifth Amendment to the United States Constitution. FACTS On May 26, 1969, Petitioner was sentenced to eight years in federal...
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MEMORANDUM OF DECISION ON DEFENDANTS’ OBJECTION TO GOVERNMENT’S PEREMPTORY CHALLENGES This case poses the troublesome issue of what limits, if any, should be imposed on a federal prosecutor’s use of peremptory jury challenges when such challenges are used frequently to exclude Blacks from serving on criminal juries. The issue arises in the midst of jury selection in a case involving two defenda...
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This cause came on to be heard on motion for summary judgment filed by plaintiffs. At hearing before the court, counsel for all parties were in agreement there was no genuine issue respecting any material fact and that plaintiffs were entitled to the entry of summary final judgment as a matter of law. On the record here, the court so finds and holds. They were also agreed that the record before...
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MEMORANDUM AND ORDER This suit is a civil antitrust action based upon allegations of conspiracy and price-fixing in the sale of International Harvester Corporation (IH) farm machinery parts by franchised, independent IH dealers in Iowa. The plaintiff, Dennis Trecker, filed this action on behalf of himself and all those who purchased IH parts from certain independent dealers in Iowa between May 7,...
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MEMORANDUM OPINION The court has before it defendant CASPAR WEINBERGER’S, Secretary of Health, Education and Welfare, motion for judgment on the pleadings or, alternatively, for summary judgment, and plaintiffs’ motions for designation of this action as a class action and for summary judgment. This case challenges certain procedures used to determine eligibility for Medicare benefits...
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MEMORANDUM AND ORDER Plaintiffs Douglas Thompson and Gary Johnson, both prisoners confined in institutions under the jurisdiction of the Missouri Department of Corrections, bring this action on behalf of all inmates of the Missouri penal system, seeking to have this Court declare unconstitutional and enjoin the enforcement of the Missouri civil death statute, Mo.Rev.Stat. § 222.010 (1969). A th...
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MEMORANDUM AND ORDER Robert Grant and George Lawrence are charged in the first fifteen counts of a sixteen-count indictment with unlawfully, wilfully and knowingly having in their possession the contents of certain check-letters stolen from the United States Mail, knowing the same to have been stolen. In the sixteenth count they are charged with unlawfully, wilfully and knowingly forging the en...
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MEMORANDUM and ORDER This diversity action, commenced January 6, 1976, arose out of the crash of a military aircraft (an AC-47) in South Vietnam on April 26, 1967, in which Major Burnette Neal, Jr. and Major Bruce R. Williams lost their lives. The charge of the complaint is that defendants are liable to the plaintiff executrices, resident in and appointed in Texas, either because (a) defe...
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OPINION AND ORDER Plaintiffs herein are an unincorporated association of home owners, and various individual members of the association. Defendants are the United States Department of Housing and Urban Development (HUD), the City of Coshocton, Ohio, and the Board of Park Commissioners of the City of Coshocton. The individual plaintiffs allege that they are “displaced persons” within the meaning...
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DECISION and ORDER The defendant Juan A. Morales has moved for a severance of his trial from that of his co-defendant John Veloz, pursuant to Rule 14, Federal Rules of Criminal Procedure. I believe that this motion should be granted. The defendants are charged in a three-count indictment with violations of 21 U.S.C. 841(a)(1). The defendant Veloz is charged in counts I, II, and III with possession...
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MEMORANDUM OPINION Tycom Corporation (“Tycom”) and Lawrence Holmes, Jr. (“Holmes”) are co-plaintiffs in this action charging the defendants Redactron Corporation (“Redactron”) and Sperry Rand Corporation (“Sperry Rand”) with infringement of United States patent 3,452,851 (the “Holmes patent”) which issued on July 1,1969 to Holmes. This action was originally brought on April 5,1974 only by Tycom as...
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MEMORANDUM The United States of America, acting by and through its United States Attorney for the Eastern District of Illinois, filed this complaint for a temporary and permanent injunction, prohibiting Robert Rice, State’s Attorney of St. Clair County, Illinois, or any of his employees, from prosecuting Case No. 76-CF-560 in the Circuit Court of the Twentieth Judicial Circuit,, entitled “The P...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on two motions; (1) plaintiffs’ motion to modify the Protective Order entered by this Court on July 31,1975, and (2) plaintiffs’ objection to the extension of the Protective Order to certain defendants’ depositions pursuant to Rule 26(c), Federal Rules of Civil Procedure. On July 31, 1975 Judge Flaum entered the Protective Order which li...
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MEMORANDUM OPINION This is a motion for class decertification brought by defendant Salem Mortgage Company, partly in response to plaintiffs’ motions to amend their complaint to include a claim for actual damages and to substitute the administratrix of the estate of plaintiff, Dorothy McCoy, as the named representative. The underlying claim involves an alleged violation of the Truth in Lending Act,...
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MEMORANDUM AND ORDER This matter comes before the Court upon the motion of the defendant, Transcon Lines, Inc., to dismiss the portion of the plaintiff’s complaint based on Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., as amended, or in the alternative for partial summary judgment. The motion asserts that the Court lacks jurisdiction of the subject matter because the ...
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MEMORANDUM This is a motion by Trinity Episcopal Schools Corporation and Trinity Housing Company, Inc. (“plaintiffs”) for an order awarding them $18,415.11 in costs and disbursements and $186,683.75 in attorney’s fees for the period from April 1971 through February 1976, against defendants Carla Hills, Secretary of the Department of Housing and Urban Development (“HUD”), the City of New Y...
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MEMORANDUM AND ORDER Under date of July 16, 1976, this Court issued a Memorandum and Order vacating the ex parte writ of attachment which had been obtained by the plaintiffs against the defendants. Familiarity with that memorandum is assumed for the sake of the following opinion. There are now pending before the Court three motions, as follows: (1) Plaintiffs move for...
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MEMORANDUM OF DECISION I. On August 14,1974, Gerald W. Autry was a fugitive from justice charged with first degree rape, felonious assault, robbery with a dangerous weapon, and assault and battery. Pursuant to N.C.G.S. § 15-48, set out fully in the margin, 1 Autry was declared an outlaw. He turned himself in to Wake County law enforcement officers the same day and thereafter brought this su...
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ORDER GRANTING MOTION TO STRIKE THIS MATTER comes before the Court on Defendant’s Motion to Strike Plaintiff’s prayers for punitive and compensatory damages for mental distress. The Complaint alleges discriminatory employment practices in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. We Grant Defendant’s Motion to Strike. 42 ...
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MEMORANDUM In this action plaintiffs seek damages and equitable relief based on defendants’ alleged violations of certain federal and District of Columbia consumer protection statutes. Plaintiffs claim that defendants violated these statutes by selling them a used Cadillac at a price that allegedly included a considerable finance charge without making the statutorily required disclosures ...
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*473 OPINION This is a tort action arising from an automobile accident which occurred in Delaware. Jurisdiction is based on diversity. At the time the suit was filed, plaintiff was a resident of New York, defendant Smith was a resident of Delaware and defendant Liao was a resident of Toronto, Ontario, Canada. Defendant has moved to dismiss the action against him on the ground of interspousal ...
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MEMORANDUM OPINION Before the court is the plaintiffs’ motion for a preliminary injunction restraining the state defendants from refusing to process plaintiffs’ applications for Special Unemployment Assistance [SUA] on the basis of an administrative determination that plaintiffs fall within the exclusion to eligibility delineated in 26 U.S.C. § 3304 note 210. The facts surrounding this ac...
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MEMORANDUM ENTRY The above captioned cause numbered IP 70-609-C has been brought by Allegheny Airlines, Inc., (hereinafter Allegheny) and *1341 GECC Leasing Corporation (hereinafter GECC) seeking to recover damages for the loss of a jet aircraft and turbo-jet engine which were destroyed in a mid-air collision between an Allegheny jet aircraft and a Piper Cherokee aircraft. Su...
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MEMORANDUM AND ORDER Before the Court is a petition for injunctive relief brought by the National Labor Relations Board under Section 10(7) of the National Labor Relations Act, as amended. 29 U.S.C. § 160(7). The petition alleges that respondents have been and are engaging in unfair labor practices within the meaning of Section 8(b)(7) subparagraphs (A) and (C) of the Act. 29 U.S.C. § 158(b)(7)(A)...
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Memorandum of Decision and Order In June of 1973, the New York State Civil Service Commission gave an examination for the newly created permanent position of community service assistant, a paraprofessional berth in human services agencies throughout the state. Among the 294 candidates taking the examination in Nassau County were ten employees of the Nassau County Office of Consumer Affair...
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*965MEMORANDUM AND ORDER By a petition for a writ of habeas corpus, Langley Yess challenges his conviction for rape, sodomy, sexual abuse, and incest imposed upon him after a jury trial in the County Court of Nassau County in violation of 28 U.S.C. § 2241. On December 15, 1972, petitioner was sentenced to several concurrent indeterminate sentences of imprisonment with maximum periods of four to fi...
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OPINION The Securities and Exchange Commission (“SEC”) commenced this action against twenty-one individual and corporate defendants, charging them with various violations of the anti-fraud, registration and reporting provisions of the federal securities laws. The charges center about an alleged scheme to defraud investors in oil and gas drilling properties managed by defendant Petrofunds,...
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OPINION Plaintiff, a Delaware corporation having a principal place of business in this district, commenced this action against the Republic of Nigeria (“Nigeria”), a foreign government, and the Central Bank of Nigeria (“Central Bank”), a foreign banking institution having its principal place of business in Lagos, Nigeria. Plaintiff seeks to recover from the defendants a sum in excess of $...
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OPINION AND ORDER Defendant, - First Pennsylvania Bank, N.A. (“the Bank”) has moved the Court for dismissal of this action for lack of venue. In support of its motion the Bank has filed an affidavit of one of its Officers, together with a certified copy of its Charter showing that it is a national banking association organized under the laws of the United States not established or located...
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MEMORANDUM OPINION On June 6, 1976, Gary Manuel Cheyenne was arrested by law enforcement personnel from the Bureau of Indian Affairs in connection with an investigation of the death of one Kevin Hill. On June 7, 1976, an Information was filed charging the Defendant with a violation of 18 U.S.C. § 1111 and § 1153. Subsequently, the United States filed a Motion for Transfer to Adult Court pursuant t...
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MEMORANDUM Plaintiff, Seaboard Coast Line Railroad Company, (Seaboard), brings this action against the Interstate Commerce Commission (ICC) and the United States of America to redress the defendants’ alleged failure to act upon a portion of plaintiff’s application to abandon a 42.35-mile segment of railroad line. The plaintiff seeks injunctive relief in the nature of mandamus. Jurisdiction is alle...
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AMENDED MEMORANDUM OF OPINION AND ORDER This is an action charging sex discrimination in the employment practices of Western Airlines, ...
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MEMORANDUM OPINION AND ORDER This action seeks a judgment declaring that those sections of the Postal Revenue and Salary Act of 1967, 2 U.S.C. §§ 351 et seq. (“Salary Act”) and the Executive Salary Cost-of-Living Adjustment Act of 1975,'2 U.S.C. § 31 (“Adjustment Act”), which provide procedures to set new rates of compensation for members of Congress are unconstitutional, and to enjoin increa...
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MEMORANDUM OPINION This case is before the Court on the application of plaintiff, Alfred Avins, for a preliminary injunction enjoining the defendant, Widener College, Inc., its officers, agents, employees and those of its subsidiary, Delaware Law School of Widener College, Inc., from taking any action to dismiss the plaintiff from his position as professor of law at Delaware Law School. T...
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MEMORANDUM AND ORDER Defendant, Edward S. Dunn, has filed a motion to suppress all oral and documentary evidence obtained from him by agents of the Internal Revenue Service (hereinafter IRS) between April 24 and July 3, 1973, and any evidence derived therefrom. He asserts that the evidence was seized in violation of the fourth and fifth amendments to the Constitution by Revenue Agent Allen K. O...
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Plaintiff brings this action against the Secretary of Health, Education, and Welfare (Secretary) for declaratory and injunctive relief from certain provisions of an instructional manual published by the So *851 cial Security Administration, Department of Health, Education, and Welfare (HEW). The challenged provisions relate to utilization review requirements medical facilities must...
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OPINION This matter is before this Court for a final judgment on the matter of teacher back pay and plaintiffs’ attorney fees. Without rehashing the history of this lengthy litigation, it is sufficient to say that the Fifth Circuit Court of Appeals, on April 11, 1973 remanded this action with directions to require the defendant Columbia Municipal Separate School District to offer employment contr...
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OPINION Defendant has moved for an order dismissing the complaint, under Fed.R.Civ.P. 12(b)(1) and (6), for lack of subject matter jurisdiction and failure to state a claim upon which relief may be granted. The parties have submitted affidavits which to the extent they are not in conflict have been considered together with the complaint. Rule 56. This case is a supplement to the matrimonial d...
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OPINION Defendant moves, pursuant to the Federal Rules of Civil Procedure, to dismiss the complaint for lack of subject matter jurisdiction, improper venue, and because the claims are time barred. Alternatively, defendant requests that the Court transfer this action to California, pursuant to 28 U.S.C. § 1404(a), for the convenience of the parties and witnesses. It sufficiently appears that t...
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Petitioners bring this application for an order of this Court restraining the Warden of the Metropolitan Correctional Center in New York (“M.C.C.”) from producing petitioner William Sorenson for trial in a crimi *848 nal prosecution in the Supreme Court of the State of New York, County of Kings, allegedly in violation of the Interstate Agreement on Detainers. For the reasons set forth below, th...
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MEMORANDUM and ORDER Petitioner was convicted by a jury in New York State Supreme Court of kidnapping, and was sentenced to a term of five to fifteen years in prison. On appeal, the Appellate Division, Second Department modified the conviction to unlawful imprisonment in the first degree and remanded for resentencing. People v. Ennis, 50 A.D.2d 935, 377 N.Y.S.2d 600 (2d Dep’t, 1975). The petitione...
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OPINION BACKGROUND This is a prosecution under 26 U.S.C. § 7212(b) for forcible rescue of property seized by the Internal Revenue Service (“IRS”). Defendant, Stamm F. Johnson, concedes that he violated the statute. He asserts as his defense the unconstitutionality of the underlying IRS seizure, which was accomplished pursuant to 26 U.S.C. § 6331. The defendant is a member of the Oregon Stat...
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MEMORANDUM AND ORDER Presently before the Court is plaintiff, Selected Risks Insurance Company’s (SRIC) motion to remand this case to the Court of Common Pleas of Montgomery County, Pennsylvania. The present action was commenced in that court on July 27, 1976, and removed here on August 18, 1976 by petition of defendant, Small Business Administration 1 (SBA). This lawsuit ...
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MEMORANDUM In this employment discrimination action, defendants have filed a motion for summary judgment. Asserting jurisdiction under 28 U.S.C. § 1331 and § 1343 and 42 U.S.C. § 2000e-5(f), plaintiff, a black female, charges that defendants violated her employment rights under 42 U.S.C. § 1983 and § 2000e et seq. by discriminatorily failing to promote her to the position of Social Worker III...
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MEMORANDUM AND ORDER These two cases present a common issue of jurisdiction under Title I of the Employee Retirement Income Security Act of 1974, Pub.L. 93-406 (2 Sept. 1974), 29 U.S.C. § 1001 et seq. [hereinafter “the Act”]. Both cases were originally filed in state court and removed to this federal district court by the common Defendant, General Motors Corporation [hereinafte...
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OPINION This suit was filed in this court on September 26, 1975, in which the plaintiff is *928 seeking a judgment against the defendants for damages allegedly suffered by plaintiff in a collision between plaintiff’s pickup truck and a tractor trailer owned by defendant Owens-Illinois, Inc., and driven by William M. Bedford, an employee of Owens-Illinois. Later the complaint ...
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ORDER This matter comes before the court on plaintiff’s motion for a finding pursuant to 5 U.S.C. § 552(a)(4)(F). This case involves a Freedom of Information Act (FOIA) request for documents. Plaintiff sought documents from the State Department relating to his employment with the World Food Program. After a lawsuit was filed in this court but before litigation on the issue of whether defendants...
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MEMORANDUM OF DECISION ON PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION Plaintiff, the Continental Group, Inc. (“Continental”), seeks to enforce a post-employment non-competition covenant by ob- *841 taming a preliminary injunction to prevent its former employee, defendant John P. Kinsley (“Kinsley”) from continuing in the employ of defendant TPT Machinery Corporation (“TPT”) for the remainde...
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ORDER Before the Court is defendant’s Motion to Dismiss. Petitioner is presently an inmate in the United States Penitentiary at Marion, Illinois. Upon his incarceration, prison officials denied him visitation privileges with one Mable Neate. Since that time, however, Mable Neate’s name has been returned to petitioner’s visitation list subject to a restriction limiting her visits to three days ever...
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MEMORANDUM ORDER Plaintiff First National Bank is a federally chartered bank corporation with its offices and facilities in Minnesota. It comes into this Court seeking recovery on a promissory note signed by defendant United Cattle Partnership, a Utah limited partnership in which defendant General Livestock Company is the sole general partner; the individual defendants are all general par...
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MEMORANDUM John D. Davis brings this action against RJR Foods, Inc., alleging unlawful age discrimination in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. Defendant moves to dismiss the complaint pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction. Davis alleges that he was discha...
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MEMORANDUM AND ORDER Defendants have moved to dismiss the plaintiffs’ complaint pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure on the grounds (i) that this Court lacks jurisdiction over the subject matter, or, in the alternative, pursuant to Rule 12(b)(6) on the grounds (ii) that the complaint fails to state a claim upon which relief can be granted. Plaintiffs have made a cro...
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OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW This Court, after a trial upon the merits, rendered a decision on July 31,1975, finding that defendant violated section 704 of the Civil Rights Act of 1964, 1 in that its dis *922 charge of plaintiff was in retaliation for her filing a charge of discrimination against defendant, and that plaintiff was entitled to an ...
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OPINION Alex Metro moves pro se for an order adjusting his sentence of 20 years’ imprisonment imposed by this court on February 14, 1972 as a second offender. He urgues that the court failed to comply with 21 U.S.C.A. § 851(a)(1), Pub.L. No. 91-513, § 411(a)(1). The court will treat the motion *429pro se as having been made under Fed.R. Crim.P. 35 which permits the court to correct an illegal sent...
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MEMORANDUM AND ORDER In this civil rights class action, plaintiffs move for summary judgment pursuant to Rule 56(a) of the Federal Rules of Civil Procedure on one of the issues which remains before the Court. The action in its entirety concerns the conditions of incarceration for pretrial detainees at the Brooklyn House of Detention (BHD). 1 2 Plaintiffs seek injunctive relief, enjoining de...
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MEMORANDUM DECISION This is a proceeding to fix the fees and expenses of Jack P. Levin, Esq., attorney of record for the plaintiffs in the above-action. On June 19, 1973 Honorable Murray I. Gurfein, then a Judge of this Court and now a Judge of the United States Court of Appeals for the Second Circuit, appointed Mr. Levin to represent the plaintiffs who had originally appeared pro se. Since...
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MEMORANDUM AND ORDER Plaintiff United States of America (the “Government”) commenced this civil action for forfeiture against the defendant vehicle in rem pursuant to 21 U.S.C. § 881(a)(4), which subjects to forfeiture: “All conveyances, including aircraft, vehicles, or vessels, which are used, or are intended for use, to transport, or in any *537manner to facilitate the transportation, sale, rece...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on Motion for Summary Judgment filed on behalf of Smith, Learning & Swan, a partnership, and its partners, Hal D. Learning (“Learning”) and Roger H. Swan (these defendants are hereinafter referred to collectively as “Smith, Learning”). The Court feels prompted to stress that both the law and the manifest requirements of fairness...
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OPINION This action was brought by Ralph E. Combes, plaintiff (hereafter “Combes”), against Griffin Television, Inc., doing business as KWTV Channel 9, a corporation, defendant (hereafter “KWTV”), under the Age Discrimination in Employment Act of 1967 (ADEA), being Title 29 U.S.C. § 621 et seq., under which Act this Court has jurisdiction. The trial was bifurcated. Trial by jury was held Ju...
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MEMORANDUM Kermit Gwathmey, a school teacher who had a “continuing contract,” was denied renewal of his contract with the Caroline County Public Schools after a hearing before the School Board on 20 May 1975. On 14 June 1976 Mr. Gwathmey filed suit with this Court seeking a judgment under 42 U.S.C. § 1983, 28 U.S.C. § 2201 that said denial constituted a violation of plaintiff’s constitutional r...
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MEMORANDUM OPINION Early in 1974, Keith and Karen Berry, the plaintiffs herein, became interested in a piece of property known as the Bull Lake Lodge. Bull Lake Lodge sits upon approximately twenty-three (23) acres of deeded land along U.S. Highways Nos. 26-287 in Fremont County, Wyoming, within the exterior boundaries of the Wind River Indian Reservation. The complex consists of a lodge, cafe,...
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ORDER Plaintiff filed suit seeking declaratory and injunctive relief and damages against the defendant United States. The gravamen of his complaint was the argument that a conviction under 29 U.S.C. § 186(b) does not constitute a crime within the meaning of 29 U.S.C. § 504(a) which prohibits certain persons who have been convicted of specifically enumerated crimes from holding union posit...
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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. This litigation involves six actions pending in three districts: three in the Southern District of New York, two in the Eastern District of Pennsylvania...
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MEMORANDUM OPINION AND ORDER Civil rights action, brought by Billy Joe Clegg, pro se. The complaint reads as follows: “In that Lee Slater, Secretary of The Oklahoma State Board of Elections, while representing The Okla. State Election Board and The State of Oklahoma did me prejudicial harm and violated my civil rights by refusing me the right to run for the office of President of The United S...
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MEMORANDUM ORDER The United States has served subpoenas on the two witnesses named in the above caption to appear before a Grand Jury sitting in Pittsburgh on October 6, 1976. The United States has submitted applications for grants of immunity to these witnesses if they should invoke the privilege against self-incrimination at this session. Counsel for the witnesses has appeared before the wi...
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OPINION We once again have before the court a suit for refund of federal estate taxes involving “one of the more abstruse and obscure branches of the Pennsylvania law of decedent’s estates”. 1 Once again we have the esoteric question as to how to treat for federal tax purposes a bequest of personal property to a life tenant for life with remainder over to a remainderman. Pennsy...
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MEMORANDUM The United States Forest Service awarded a contract to clear certain lands under its jurisdiction to Troy Luther and Bill Billing-ton. Luther and Billington hired plaintiff’s decedent to do some of the work; while working alone one day at the site, he died in an accident. A worker’s compensation remedy proved futile because Luther and Billington had not obtained insurance to co...
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OPINION This action arises out of the expulsion of plaintiff, a high school student, from a private school in Delaware, for an alleged infraction of the disciplinary rules of the school. Plaintiff brought a motion for a temporary restraining order or, alternatively, a preliminary injunction, requiring the school to reinstate her pending an adjudication of the claims raised in the complain...
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MEMORANDUM AND ORDER Plaintiff Westvaco Corporation (“West-vaco”) sues to enjoin defendant United Pa-perworkers International Union, Local 1388, AFL-CIO (the “Union”) from proceeding to arbitration of a dispute allegedly arising out of a collective bargaining agreement between Westvaco and the employees of its mill at Tyrone, Pa. The Union moves for an order dismissing the complaint,...
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MEMORANDUM AND ORDER Defendants move to dismiss and for summary judgment pursuant to Rules 12(b) and 56 of the Federal Rules of Civil Procedure, and plaintiff cross-moves for partial summary judgment on the first claim of his complaint. We have determined that neither motion can be granted. *672 . Plaintiff had been employed by defendant Boyden Associates, Inc. (Boyden) for ...
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OPINION Before GOODWIN, Circuit Judge, and EAST, Senior District Judge and BURNS, District Judge. Defendant Board of County Commissioners (Board), acting pursuant to ORS 368.405 et seq., undertook to widen a Multnomah county road adjacent to plaintiffs’ real property. The Oregon statute required the county to conduct road viewer proceedings to fix a value for the property to be taken. Plaintiffs ...
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MEMORANDUM AND ORDER A. INTRODUCTION Plaintiff, a member of the religious sect known as the Jehovah’s Witnesses, filed this action for an injunction and mandamus, requesting this Court to order the defendants to process plaintiff’s application for discharge from the Pennsylvania Army Na*906tional Guard on the grounds of conscientious objection, and for writ of habeas corpus discharging plaintiff ...
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OPINION On the afternoon of Tuesday, September 28, 1976, I found Abraham E. Freedman, Esquire, counsel for one of the defendants, guilty of criminal contempt committed in the actual presence of the court and thus in violation of Rule 42(a) of the Federal Rules of Criminal Procedure. Though sentenced for thirty days he was granted the right “to be on his own recognizance to challenge the validity ...
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MEMORANDUM AND ORDER This bankruptcy case is before the Court on Mainland Bank’s Petition for Review of Turnover Order entered by the Referee in Bankruptcy on October 2, 1970. The Petition for Review was filed on October 26, 1970, but before the record on appeal was transmitted to this Court, a Petition for Rehearing by the Referee was filed on November 4, 1970. The Referee denied the Pet...
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MEMORANDUM OPINION AND ORDER The United States appeal of the decision of the Bankruptcy Judge came on for consideration before the Honorable Robert M. Hill, United States District Judge. After considering the record on appeal and the arguments, the court is of the opinion that the Bankruptcy Judge’s findings of fact and conclusions of law should be affirmed. This case began under Chapter XI of the...
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*462 DECISION AND ORDER The defendants in this action are charged in a four-count indictment with criminal tax evasion for the years 1969-1972, inclusive, in violation of § 7201 of the Internal Revenue Code, 26 U.S.C. § 7201. In a decision and order of this Court dated February 4, 1976, 406 F.Supp. 817, the defendants’ motion to suppress certain evidence allegedly obtained by the Government i...
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ORDER ON SUMMARY JUDGMENT These causes are now before the Court on Defendant Huffman’s motions for summary *460 judgment filed herein September 2, 1976, and on the Plaintiffs’ responses thereto filed herein September 17,1976. The Plaintiffs in these actions are seeking to recover damages for injuries sustained by Mrs. Ann M. Land as the result of an accident which occurred while she was ridin...
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MEMORANDUM OPINION This is an action brought by the owner of a building against the insurer who had issued a “builder’s risk” policy insuring the plaintiffs building during construction with provision that “in no event shall the insurance cover after the insured building has been occupied either in whole or in part.” There is complete diversity of citizenship and the amount in controversy...
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ORDER FINDINGS AND CONCLUSIONS AS TO PRELIMINARY INJUNCTIVE RELIEF Plaintiff filed this action in equity seeking to enjoin foreclosure proceedings against her property by the Small Business Administration. The Bank of Soperton is also a party. The case is before this Court *1264 on plaintiff’s prayer for preliminary injunc-tive relief and on motions for summary judgment ...
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MEMORANDUM AND ORDER This is an action by plaintiff, the United States of America, pursuant to 21 U.S.C. § 881, for the forfeiture of the defendant in rem, one 1975 Mercury Monarch, Serial No. 5E35L539729. Trial was held to the Court without a jury on August 25, 1976. On the basis of the evidence admitted at the trial, I make the following Findings of Fact: 1. At all pertinent times, the Mona...
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ORDER Gayle Franklin Courtney has petitioned for a writ of habeas corpus seeking relief from his manslaughter conviction in the Superior Court of Mecklenburg County. His petition is based upon a claim that the delay of approximately ten and one-half months from his arrest to his trial violated his constitutional rights as well as his rights under N.C.G.S. § 15-10.2 to a speedy trial. Courtney has ...
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425 F.Supp. 411 (1976) SENIOR CITIZENS CLUBS OF WINSTON-SALEM, NORTH CAROLINA, et al., Plaintiffs, v. DUKE POWER COMPANY et al., Defendants. No. C-C-74-76. United States District Court, W. D. North Carolina, Charlotte Division. October 5, 1976. *412 Bertram Ervin Brown, II, Forsyth County Legal Aid Society, Winston-Salem, N. C., for plaintiffs. Clarence W. Walker, Edgar Love, III, and John M. Mur...
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MEMORANDUM OPINION AND ORDER Judgment has been entered for injunctive relief for the class, and injunctive relief and monetary damages awarded to the class representative plaintiff in his individual capacity. Plaintiffs counsel has filed a motion for the award of counsel fees. *895 This action was brought against the City of Philadelphia for its violation of the Federal Age ...
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MEMORANDUM AND ORDER Plaintiffs in this action challenge certain policies and practices of the Philadelphia Gas Works (PGW) which, it is claimed, deprived plaintiffs and others similarly situated of their constitutional rights. Specifically, it is alleged that the defendants, individually and collectively, acting under color of state law, have violated, and continue to violate, the follow...
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MEMORANDUM OPINION I INTRODUCTION On April 15, 1976, Georgia White petitioned this Federal District Court to ap *884 point her as Guardian Ad Litem for her sister Florence Red Dog whom the Oglala Sioux Tribal Court had found to be mentally ill and in need of immediate commitment for the protection of herself and others. Because it appeared that such appointment was ...
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ORDER DENYING PLAINTIFFS’ MOTION FOR AN ORDER DECREEING THE RIGHT OF COMMON-LAW WIVES TO RECOVER WRONGFUL-DEATH DAMAGES AND ORDER DISMISSING CLAIMS FOR FAILURE TO STATE A CAUSE OF ACTION FOR WHICH RELIEF CAN BE GRANTED This matter having come on regularly before the Court; and Memoranda of points and authorities having been filed by plaintiffs and by defendant McDonnell Douglas Corporation; and Or...
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MEMORANDUM OPINION DENYING MOTION FOR A PRELIMINARY INJUNCTION JURISDICTION The Court’s jurisdiction in this cause is invoked under 15 U.S.C. Secs. 634(b)(1) and 637(a), The Small Business Act (‘the Act’), and its implementing regulations; 5 U.S.C. Sec. 551 et seq., and especially Sec. 702, the Administrative Procedure Act (‘the APA’); 28 U.S.C. Sec. 1331, federal question jurisdicti...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT OF DISMISSAL Sitting by Designation. The above cause has been fully tried before the undersigned, George H. Boldt, Sr. United States District Judge, Western District of Washington, sitting by designation, without a jury; the evidence of the parties has been submitted and oral argument by counsel presented. The Court having fully considered the...
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ORDER This cause is before the court for consideration of plaintiffs’ motion to hold the witness Dr. Richard E. Keye in contempt of court for his refusal to comply with a subpoena. In this action, plaintiffs challenge the procedures used by Mississippi for placing children with handicapping conditions in specialized classes alleging that these procedures do not satisfy federal statutory requireme...
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MEMORANDUM Plaintiffs have moved the Court for a preliminary injunction prohibiting defendants from closing JHS 120, a public junior high school in Manhattan. For the reasons stated below, the motion is denied. *878 Plaintiffs are seven in number — three students said to attend PS 79, the parents of these students, and the President of the Parents Association of JHS 120. In ...
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MEMORANDUM AND ORDER The Attorney General of the United States filed this lawsuit on August 5, 1975, alleging that the faculty and staff hiring and recruitment practices of the Garfield Heights City School District are in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and the Fourteenth Amendment. The Attorney General bases his claim for jur...
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OPINION This case involving judicial review of a milk-pricing decision of the Secretary of Agriculture is before the court for the third time. Presently under consideration are the motion of various dairy cooperatives to intervene, the motion of the Secretary for reconsideration of my decision 1 granting summary judgment, and the question of an appropriate order regarding prospective relief. ...
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ORDER Defendant has filed a motion to suppress evidence obtained from his home on the basis that the officers who began the search were not armed at the time with a search warrant. It is undisputed that at the time of the search a valid warrant had issued after an appearance before the federal magistrate; however, the officers who instituted the search learned of said warrant from a radio commu...
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OPINION This suit was brought in the Chancery Court of Madison County, Tennessee, by Johnny C. Long and Crystal Harrison, Co-Executors of the Estate of Mrs. Carmen C. Long, for the use and benefit of Lambuth College to recover from Defendant, Federated Mutual Insurance Company, the proceeds under a certain insurance policy for the total loss destruction of a residence *474located at 34 Laurel Lane...
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OPINION AND JUDGMENT 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 of this court is pursuant to § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates § 205(g) of the Social Se...
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MEMORANDUM ORDER This action was commenced on December 30,1975, by James C. Arritt, whose application for the position of police officer in Moundsville, West Virginia was refused on the ground that he was older than thirty-five years of age and was, for that reason, ineligible to take the required examination. 1 The complaint is in two counts, the first alleging a violation of the Age Discrim...
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OPINION AND ORDER This action has been brought by a number of women residents of the District of Columbia and Virginia, a doctor and a clinic to enjoin the Secretary of Health, Education and Welfare from complying with a provision of a federal appropriations statute. The provision, known as the Hyde Amendment, Labor-HEW Appropriations Act, Pub.L. No. 94-439, § 209 (Sept. 30, 1976), 90 Stat. 141...
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MEMORANDUM OF DECISION This cause came on for consideration by the court on the cross motions for summary judgment filed by the plaintiffs and the defendant herein seeking summary judgment in their respective favors with regard to Count One of the amended complaint. By filing their motions for summary judgment, the parties have represented to the court that there is no genuine issue as to any mate...
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MEMORANDUM OPINION RE JURY INSTRUCTIONS ON ELEMENTS OF DAMAGE FOR WRONGFUL DEATH1 Of the 337 deaths before the Court arising out of the Paris air crash of March 3, 1974, only two are ready for and going to trial, trailing one another: (1) The Kween case, where the father and mother (aged 30) were killed, leaving two small girls (aged about 2 and 4) and paternal grandparents, who were claimed to b...
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MEMORANDUM OPINION AND ORDER I STATE PROCEEDINGS This is an action for indemnification arising out of a judgment recovered in the state courts of Colorado, Bradford v. Bendix-Westinghouse Auto. Air Brake Co., 33 *37 Colo.App. 99, 517 P.2d 406 (1973), cert. denied January 14, 1974. The state suit was a products liability case arising ...
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MEMORANDUM OPINION AND ORDER This matter is before the court on defendant’s motion to dismiss under Rule 12(b) of the Federal Rules of Civil Procedure. On March 26, 1976, Alan Roy Hollander, a private citizen, filed this action to recover double damages and forfeitures from the defendant, Congressman William L. Clay of the First Congressional District of Missouri, under the False Claims Act, ...
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MEMORANDUM OPINION AND GRANT OF SUMMARY JUDGMENT This action arises under the National Traffic and Motor Vehicle Safety Act of 1966 (“the Act”), 15 U.S.C. § 1381 et seq. (1970), as amended, (Supp. V 1975). The plaintiff, the United States, has moved for summary judgment requiring defendant Ford Motor Company (“Ford”) to comply with an order of the National Highway Tr...
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OPINION This case is before the court on an application for an order to show cause, with temporary restraint, why the defendant Mathews (Secretary of the U.S. Department of Health, Education and Welfare, HEW), should not be enjoined pendente lite from enforcing the so-called “Hyde Amendment”, a provision of the Appropriations Act for the Department of Labor and HEW. That act, embodying the Hy...
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*240 OPINION In a telegram dated May 4th, 1976, the defendant Miller Brewing Company attempted to sever its contractual relationship with the plaintiff, Carlo C. Gelardi Corp. The plaintiff commenced this action on May 5th, 1976, alleging violations of certain provisions of the antitrust laws of the United States by Miller, three employees of Miller, and an unspecified number of ...
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OPINION This opinion marks another chapter in a major piece of litigation which has already produced a series of temporary restraining orders, numerous discovery and other miscellaneous orders, a preliminary and now permanent injunction, and a reported opinion. Hodges v. Klein, 412 F.Supp. 896 (D.N.J.1976). The case essentially involves a constitutional challenge to the creatio...
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OPINION This case involves the continuing review of a determination by the Federal Highway Administrator (hereinafter “Administrator”) on May 19, 1975 reducing tolls on bridges owned and operated by the Delaware River Port Authority (hereinafter *143“Authority” or “DRPA”). See Delaware River Port Authority v. Tiemann, 403 F.Supp. 1117, 1120-23 (D.N.J.1975), vacated 531 F.2d 699 (3rd Cir. 1976). T...
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What is now before this three-judge court is a piece of a much more ambitious lawsuit that involves the whole panoply of constitutional rights of mentally retarded persons in North Carolina. Because the legislature of North Carolina has changed or repealed most of the statutes relating to the treatment, training, and education of retarded children, we have concluded that all such questions presen...
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OPINION Plaintiff commenced an action in the Court of Common Pleas of Mercer County, Pennsylvania, seeking recovery under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (1970) '[hereinafter FCRA] and certain related causes of action. 1 Defendant answered in State Court and then filed a *861 petition for removal to this Court in accordance with 2...
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MEMORANDUM AND ORDER NO. 2569 National Rail Passenger Corporation (“Amtrak”) has petitioned this Court for an order directing the Trustees of the Debtor’s estate to carry out the terms of an arbitrators’ award (National Arbitration Panel Case No. 11 — In re: Level of Utility) which was confirmed by a judgment entered in the United States District Court for the Southern District of Indiana on March...
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MEMORANDUM AND ORDER NO. 2458 A remarkable amount of procedural confusion attends the issues now before the Court in this matter. In February 1976, National Rail Passenger Corporation (“Amtrak”) petitioned the United States District Court for the Southern District of Indiana for confirmation of an award of arbitrators which, by majority vote, had directed the Penn Central Trustees to upgrade certa...
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ORDER ON DEFENDANTS’ MOTION TO DISMISS The matter before this court is the defendant James P. McKeown, Ill’s motion to dismiss plaintiff’s action under 42 U.S.C. § 1983 for failure to state a claim upon which relief can be granted and to dismiss the common law claim against him for lack of pendent jurisdiction. Through his complaint, the plaintiff alleges that, while shopping in the ...
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*230ORDER After hearing testimony for two days, including the testimony of all three defendants on trial, a jury found the petitioners guilty of armed robbery in York County, and sentencing followed on January 15, 1975. A timely notice of appeal was filed, after which the two trial attorneys were relieved of responsibility for appeal, and another attorney was appointed for this purpose.1 Seven que...
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MEMORANDUM Plaintiffs, local labor unions, bring this action against the defendant, a trucking company, requesting that the defendant be preliminarily enjoined from spending moneys received from the sale of certain of its Interstate Commerce Commission granted operating rights to Curtis Transportation Company and Overnite Transportation Company. Jurisdiction of this court is invoked pursu...
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MEMORANDUM AND ORDER The plaintiff seeks injunctive relief in this action and alleges an infringement of a patent. Jurisdiction is based on 35 U.S.C. § 281 and 28 U.S.C. § 1338. The defendant has filed a motion to dismiss this action for failure to join an indispensable party or in the alternative for a determination under Rule 19(b) whether the action should proceed. After considering the briefs...
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REPORT and RECOMMENDATION These are petitions for writs of habeas corpus. Petitioners assert that they are in state custody in violation of the United States Constitution. 28 U.S.C. § 2254. Although the facts of each petition vary in certain respects, all of the petitioners base their claims for relief upon the contention that the failure of the court to credit them with jail time violates their c...
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ORDER MODIFYING COURT ORDER Intervener’s Motion to Modify the Court Order came on regularly for hearing on *627September 21, 1976, at 9:30 A.M. in the courtroom of the Honorable E. Avery Crary, District Judge, Presiding. Moving party and Intervener City of Pasadena appeared through Pasadena City Attorney Wendell R. Thompson, by Deputy City Attorney James O. Kahan and Burke, Williams and Sorensen b...
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ORDER OF DISMISSAL Plaintiff’s action against the defendants is hereby dismissed with prejudice. On December 19,1975, this Court granted plaintiff its request for a preliminary injunction. The Court then was of the opinion that a breach of a Section 2 First duty of the Railway Labor Act (RLA) gives rise to preliminary, injunctive relief. Since the Court found that such a breach did o...
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ORDER OF COURT This is an appeal by First Federal Savings and Loan Association of Rochester (First Federal) and The Citizens and Southern National Bank (C&S), the secured creditors of the former Chapter XII Debtor, Bolton Road Medical Center (BRMC), from an Order of the Bankruptcy Court entered on March 10, 1976, which apportioned the costs of compensating the Trustee and his attorneys among the ...
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ORDER GRANTING PETITIONS By separate petitions, Petitioners Pascual and Déla Cruz seek review by this court of the decisions of the Board of Immigration Appeals, Department of Justice (BIA). The petitions have been consolidated pursuant to Rule 42, F.R.Civ.P. The facts in these two cases are not in dispute. Petitioners Pascual are husband and wife who adopted a child pursuant to Chap...
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MEMORANDUM DECISION This is an action brought by plaintiff, Joseph F. Elward, against defendant, United States of America, for the recovery of federal income taxes paid by plaintiff for the year 1966. No question is raised as to plaintiff’s right to maintain the action and jurisdiction is not disputed. The center of the controversy is the proper cost basis of common stock in Chicago and West Town...
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MEMORANDUM DECISION This matter is before the Court on an appeal by the defendants below, R. C. Haab and John Soloman, of the denial by the Bankruptcy Judge of their objection to his exercise of summary jurisdiction over the matters asserted in the complaint of the Trustee in Bankruptcy. Alliance Beverage Company, Inc., filed its Voluntary Petition in Bankruptcy on March 1, 1974, in the United Sta...
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The history of litigation involving the reapportionment of the Rapides Parish Police Jury and School Board is set out in Bradas v. Rapides Parish Police Jury, 508 F.2d 1109, at 1110-1111 (5th Cir. 1975). The reapportionment plans for the Rapides Parish Police Jury and School Board, challenged in the instant action under the Fourteenth and Fifteenth Amendments, were originally instituted and app...
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In this appeal taken from a judgment of conviction by a United States Magistrate, the scope and standard of review are the same as those in an appeal to a Circuit Court of Appeals from a District Court. Rule 8(d), Federal Rules for the Trial of Minor Offenses before United States Magistrates. In this case, Channel was charged with several offenses in violation of Md.Ann.Code art. 66% (1970 Repl...
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MEMORANDUM I. PRIOR PROCEEDINGS This action was originally filed by the plaintiff, the City of Boston (the City) against Carla Hills, the Secretary of the Department of Housing and Urban Development (HUD) and others, on March 10, 1975. In its original complaint the City sought injunctive and declaratory relief and relief in the nature of mandamus from the operation of a regulation of...
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OPINION AND ORDER DENYING MOTION TO REDUCE SENTENCE On April 8,1976 defendant pleaded guilty to a charge of possession of heroin. The Court suspended imposition of sentence and placed defendant on probation for a period of two years on July 3, 1975. Following a probation revocation hearing on March 3, 1976, the Court entered a judgment committing defendant to the custody of the Attorney General fo...
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MEMORANDUM This matter comes before the Court upon the defendant’s motion for summary judgment [Filing # 15]. The action arose under 42 U.S.C. § 405(g) which provides for judicial review of any final decision by the Secretary of Health, Education and Welfare. The case is before this Court for the second time. On February 11, 1974, the *144 plaintiff filed a complaint [Fi...
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MEMORANDUM Lam Man Chung was convicted by a jury of possession of narcotics with intent to distribute in violation of 21 U.S.C. §§ 812, 841(a)(1) and 841(b)(1)(A). At sentencing before this court on December 21, 1973, a five year sentence was imposed to be served consecutively to a 10 year sentence for other narcotics violations previously imposed by then District Judge Gurfein. The Judgment and C...
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Memorandum of Decision and Order The petitioner seeks a writ of habeas corpus pursuant to 28 U.S.C. §§ 2241 and 2254. He is currently serving a one-year sentence imposed after a plea of guilty on April 16, 1974, to attempted criminal possession of stolen property in the first degree, N.Y. Penal Law §§ 110.00 and 165.50. The Appellate Division affirmed the judgment without opinion on Decem...
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MEMORANDUM OF DECISION The Plaintiff, Wayne-Gossard Corporation, the owner and holder of Reissue Patent No. RE 26,667, brought this action against the Defendant, Moretz Hosiery Mills, Inc., for compensatory and injunctive relief for infringement of such Patent. The Court found the Patent valid and infringed by Moretz, denied its claim of intervening rights and deferred an accounting for damages...
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ORDER PARTIALLY GRANTING PLAINTIFFS’ MOTION FOR A PERMANENT INJUNCTION This action for declaratory judgment and injunctive relief is initiated under the First and Fourteenth Amendments to the United States Constitution, 42 U.S.C. § 1983, and 28 U.S.C. § 2201. Jurisdiction is based on 28 U.S.C. § 1331. The matter in controversy exceeds $10,000. On August 31, 1976 William T. McNea, Rob...
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MEMORANDUM OPINION AND ORDER The above captioned cause of action came on for trial before this Court from February 13, 1976 through February 25, 1976. The following shall constitute this Court’s findings of fact and conclusions of law, pursuant to Rule 52(a) of the Federal Rules of Civil Procedure. THE PARTIES Plaintiff American Seating Company (hereinafter American) brings this...
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ORDER OF REMAND This matter has come before the Court upon Plaintiffs’ “Motion to Remand and Assess Costs for Clearly Improper and Improvident Removal”, defendants having filed their response thereto, and the Court being fully advised in the premises, enters its order on said motion as follows. On August 19, 1976, the defendants herein filed in this Court their Petition for Removal of this ca...
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MEMORANDUM In this action plaintiff-employees of the McGraw-Edison Company seek distribution of their interests under the McGraw-Edison Profit Sharing Plan, a contributory profit-sharing plan established by the defendant McGraw-Edison Company (the Company) and administered by the defendant Trustees *586of the McGraw-Edison Profit Sharing Trust (the Trustees). The parties have filed cross-motions ...
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MEMORANDUM This is a tax refund case in which plaintiff alleges that he overpaid his taxes for the calendar years 1971 and 1972 and seeks a refund in the amounts of $1215.43 and $1,355.48, respectively. Plaintiff contests the disallowance of a traveling expense deduction for food, lodging and miscellaneous business expenses that he incurred in New York City. He contends that these expenses were d...
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MEMORANDUM AND ORDER These companion cases arose out of an accident which occurred on a construction site in St. Johnsbury, Vermont on September 30, 1971. Marvin Mousseau and Alvin Martin, both employees of Johnson Industrial Painting Contractors, were working on a scaffold suspended on the exterior of an unfinished building when the Manila rope supporting the platform broke, causing both...
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OPINION and ORDER By Order dated December 24, 1975 these four cases against the Beatrice Pocahontas Coal Company, the Virginia Pocahontas Coal Company and the Island Creek Coal Company were consolidated for the purpose of determining whether diversity jurisdiction existed in this court on November 20, 1975, the date on which Civil Action No. 750777 was filed. 1 The plaintiffs w...
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MEMORANDUM OF DECISION GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT In this action Plaintiff appeals from the decision of the Interior Board of Land Appeals (hereinafter the Board) declaring Plaintiff’s placer mine claims invalid. Jurisdiction is based upon 5 U.S.C. §§ 701-706. Plaintiff asserts a possessory interest in eighteen unpatented placer mining claims iocated within the ...
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RULING ON MOTIONS TO DISMISS The defendant in each of the above cases has moved to dismiss an information alleging violations of the provisions of the Internal Revenue Code dealing with wagering taxes, 26 U.S.C. § 4401 et seq. 1 The basis of each motion is that the statutory requirements compel the disclosure of incriminating information in violation of the fifth amendment privilege aga...
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RULING ON CROSS MOTIONS FOR SUMMARY JUDGMENT AND ON MOTION TO DISMISS The plaintiff, George White, brought this action on behalf of himself and other Connecticut residents who are attempting to assert claims for Social Security disability benefits under 42 U.S.C. § 423, but whose appeals from adverse agency action have been impeded by extensive delays in the scheduling and completion of hearing...
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MEMORANDUM DECISION Plaintiff Carnell Atwater, a former employee of the Federal Government, challenges the action of certain federal officials who set-off a prior debt allegedly owed by him to the Government against his accrued back wages and retirement benefits. The complaint charges Richard L. Roudebush, individually and as Administrator of Veteran’s Affairs, Carla Hills, individually a...
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MEMORANDUM DECISION The plaintiff, Rosemary Pancotto, has brought this diversity action to recover damages for a personal injury she sustained in 1973 while on a hunting safari in Mozambique. Pending for decision is the motion of defendant Sociedade de Safaris de Mocambique (Safrique), to apply the law of Mozambique to the substantive issues in the action, and for a determination of the r...
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OPINION The Department of Labor alleges that the defendants have willfully violated the overtime provisions of the Fair Labor Standards Act of 1938 (the Act), as amended, 29 U.S.C. § 201 et seq., by failing to pay their employees time and one-half for hours worked in excess of forty hours per week for the years 1973 and 1974. The defendants admit that in certain instances ...
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OPINION This is a petition brought pursuant to Title 28 United States Code, § 2255 to vacate a sentence and judgment of conviction entered upon petitioner’s plea of guilty to one count of a multiple count indictment. Petitioner and a co-defendant were charged in indictment No. 74-433. Petitioner was named in the first two counts of the indictment, which charged him with conspiring to engage in the...
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MEMORANDUM OPINION Petitioner Sunrise Undergarment Co. (the Employer) instituted this action to stay arbitration proceedings commenced against *1283 it by respondent Undergarment & Negligee Workers’ Union Local 62, I.L.G.W.U. (the Union). At the commencement of the lawsuit, the Employer sought a preliminary injunction against the Union; however, that application was withdrawn...
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MEMORANDUM DECISION In accordance with 8 C.F.R. § 334.16(b) (1976), Woodrow Chan has applied to this court for an order amending his petition for, and certificate of, naturalization. He desires to have his name changed to Chan Chung and the entry for his date of birth changed to July 12, 1919. From the papers before me, it appears that the petition and certificate presently list his birth date ...
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MEMORANDUM DECISION This is a motion by plaintiff Kayser-Roth Corporation (“KR”) for an order of attachment pursuant to New York CPLR § 6201 (McKinney Supp.1976) and Rule 64 of the Federal Rules of Civil Procedure. The complaint in this action sets forth the following claims. Plaintiff alleges that the defendant Sol Berger fraudulently concealed potential tax liabilities of Colonial Corporation o...
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MEMORANDUM Petitioner E. I. duPont de Nemours & Company (duPont) has moved under Rule 45(b), F.R.Civ.P., to quash or modify four subpoenas issued out of this court on August 23, 1976 in aid of trial proceedings in Civil Action No. 70-C-13-D, pending in the United States District Court for the Western District of Virginia. The factual history relevant to disposition of duPont’s motion is as follow...
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Presently before this Court are motions by plaintiffs seeking an order pursuant to Rule 23(c)(1), F.R.Civ.P., to maintain this case as a class action, and an order pursuant to Rule 24(a) and (b), F.R.Civ.P., allowing Patricia F. Lyons to intervene as co-plaintiff. After due consideration of the argument and memoranda of counsel, the record, and the law, the Court finds as follows: The original com...
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MEMORANDUM On May 17, 1972, the unpowered barge BECRAFT, which was being towed by the tug DIANA L. MORAN and assisted by the tug DEVON, struck the Tomlinson Bridge on the Quinnipiac River near New Haven, Connecticut, causing damage to the barge and the bridge. A trial was held in these consolidated actions to determine the respective liabilities of the parties involved in the accident. I. The Un...
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MEMORANDUM and ORDER Plaintiff a New York corporation with its principal place of business in the Eastern District of New York, publishes, among other things anthologies of stories for younger people, each anthology being devoted to a special type of story such as ghost stories, outer-space stories, detective stories, and so on. Twenty-six of the published books are in issue here. All of ...
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MEMORANDUM David Vaughn, Jr., a professional basketball player sues his former employer, the New Virginia Squires Basketball Club, and the American Basketball Association (ABA) and other member clubs of the ABA, for breach of an employment contract and for injury to reputation. Damages are claimed for amounts due prior to the Squires’ termination of the contract, as well as amounts claimed unde...
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MEMORANDUM AND ORDER On August 30, 1976 the Committee of Interns and Residents (“CIR”) commenced four separate proceedings in the New York State Supreme Court, New York County, pursuant to Article 78 of the New York Civil Practice Law and Rules (“CPLR”) to review and annul orders of the State Labor Relations Board (“State Board”). Three of these orders had dismissed charges of un *...
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MEMORANDUM Anthony Ricco seeks to suppress certain wiretap recordings and their transcriptions which the government proposes to introduce as evidence against him at his trial for alleged narcotics violations. Pursuant to 18 U.S.C. §§ 2516(2), 2518(8)(a) and N.Y. Crim.Proc.L. § 700.50(2), an evidentiary hearing was held August 31 and September 1, 1976, as to the reasons for delay in sealin...
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OPINION This is an application by the Trustee for approval of his final account, and a joint application by him and his counsel (a law firm of which he is a senior partner) for final and additional compensation of $77,-002 (counsel $68,722; Trustee $ 8,280). .Heretofore interim allowances were made to the Trustee and his attorneys for the period from December 15, 1971 through Novembe...
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TEMPORARY RESTRAINING ORDER AND ORDER FOR RETURN ON PETITION FOR HABEAS CORPUS On August 13, 1976 the plaintiff-petitioner, an army reservist, initiated this action against the defendants army officers challenging his orders to report for active duty on August 19, 1976. The complaint predicated jurisdiction upon 28 U.S.C. § 1331, the Fourth and Fifth Amendments to the United States Constitution an...
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OPINION On August 20, 1976, Craft, an inmate at the United States Penitentiary in Lewis-burg, Pennsylvania, was found guilty of violating 18 U.S.C. § 1791 which, along with its related regulation, 28 C.F.R. § 6.1, makes it unlawful to send or attempt to send anything from a federal prison with*1265out the knowledge and consent of the Warden. Co-Defendant Fleisher, the former librarian at Lewisburg...
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MEMORANDUM OPINION AND ORDER This is a civil action for damages for wrongful death. The plaintiff is a Tennessee citizen, the defendant is a Virginia citizen, and the jurisdictional amount is present. The plaintiff is the personal representative of the estate of her late sister Ms. Rose Brummett, a Tennessee citizen, who was killed while riding as a guest passenger in a motor vehicle driven b...
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MEMORANDUM Plaintiffs, inmates of the Virginia penal system, bring this action under 42 U.S.C. § 1983 to redress alleged unconstitutional treatment during the course of their incarceration in certain of Virginia penal institutions. Specifically, the plaintiffs contend they were denied due process of law in transferring and reclassification proceedings and that they are unconstitutionally denied...
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MEMORANDUM ORDER The Plaintiff, Leasewell, Ltd., a corporation with its principal place of business in New York, entered into a contract with the Defendant, Jake Shelton Ford, Inc., a corporation with its principal place of business in West Virginia, under which the Plaintiff agreed to lease to the Defendant certain items of automotive repair equipment. It is undisputed that the lease was...
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MEMORANDUM and ORDER This is an action brought under Sec. 205(g) of the Social Security Act, 42 U.S.C. Sec. 405(g), and Sec. 1869(b) of the Act, 42 U.S.C. Sec. 1395ff(b). The plaintiff brings suit on behalf of the estate of her deceased mother, Estelle Klofta, seeking review of a final decision of the Secretary of Health, Education and Welfare (the “Secretary”) denying payment of certain ...
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MEMORANDUM DECISION AND ORDER The plaintiff, Phillip Reddin, is an inmate at the Wisconsin State Prison, Waupun, Wisconsin. The defendant, Ramon L. Gray, is the warden of the aforesaid institution, named in his official capacity as the person responsible for implementing the policies of the Division of Correction of the Wisconsin Department of Health & Social Services. Plaintiff brings th...
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MEMORANDUM OF OPINION AND ORDER Plaintiff seeks review of an award by Public Law Board 1160 denying his claim for reinstatement and back pay. Public Law Board 1160 is a special board of adjustment, established by agreement between Southern Pacific Transportation Company (“Southern Pacific”) and plaintiff’s union, United Transportation Union (Switchmen), on August 16, 1973, pursuant to Section 3 S...
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MEMORANDUM OF OPINION AND ORDER Seeking damages for breach of contract and fraud, plaintiffs Diamond Mining and Management, Inc. (“Diamond”), and S. Richard Stern filed their Second Amended Complaint against defendants Globex Minerals, Inc. (“Globex”), Merritt Ruddock, and John Nisco with this Court on December 22, 1975. Defendants filed an Answer and Counterclaim on January 5, 1976, and a Moti...
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MEMORANDUM OF OPINION AND ORDER This is a suit seeking declaratory and injunctive relief and compensatory and punitive damages from activities and projects being carried out in connection with the management of Yosemite National Park (“Yosemite”). Yosemite is located in the Sierra Mountains and extends over portions of the counties of Tuolumne, Mariposa, Madera, and Mono, California. Plaintif...
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MEMORANDUM AND ORDER ON RELIEF Plaintiff, a Mexican-American, has been in Government service for 21 years and is presently employed as a purchasing agent with the Out-Patient Clinic of the Public Health Service, a unit in the Department of Health, Education and Welfare. Prior to trial the parties stipulated that Defendants were guilty of reprisal under 42 U.S.C. § 2000e et seq. following Plai...
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RULING ON MOTION TO VACATE ORDER AND DISSOLVE PRELIMINARY INJUNCTION These lawsuits, consolidated for trial, concern the refusal of the Department of Housing and Urban Development (“HUD”) and its Secretary, Carla Hills, to implement an operating cost subsidy program, enacted as Section 212 of the Housing and Community Development Act of 1974. 1 On December 15, 1975, this court ...
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427 F.Supp. 450 (1976) Bradley BELL, on behalf of himself, and all others similarly situated, Plaintiffs, v. John MANSON, Individually, and as Commissioner of Correction, State of Connecticut, et al., Defendants. Civ. No. B-76-84. United States District Court, D. Connecticut. September 27, 1976. *451 Sue L. Wise, Legal Assistance to Prisoners, New Haven, Conn., for plaintiffs. Carl R. Ajello, Att...
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MEMORANDUM AND ORDER This cause is before the court on the motion of defendant United Steelworkers of America, AFL-CIO, (Steelworkers) for summary judgment on its counterclaim and on the motion of plaintiff Durabond Products, Inc. (Durabond) for summary judgment on its complaint. For the reasons hereinafter stated, partial summary judgment shall be entered for Steelworkers and partial sum...
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MEMORANDUM DECISION This is the damage aftermath of our decision of June 12, 1974 finding defendant, Keith Clark, Inc., guilty of infringing plaintiff Baldwin Cooke Company’s valid copyrights on its work entitled THE EXECUTIVE PLANNER, a combined diary, appointment calendar and information book. Baldwin Cooke Company v. Keith Clark, Inc., 383 F.Supp. 650 (N.D.Ill.1974), a...
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MEMORANDUM ORDER This is the aftermath of our earlier decision in this fair housing action brought under the Civil Rights Act of 1968, 42 U.S.C. § 3601, et seq., and the Civil Rights Act of 1866, 42 U.S.C. § 1982, in which we ordered defendant Mary Ryan Townsend to convey residential real estate located at 2078 West Hopkins Place, Chicago, Illinois, to the plaintiffs Stanley and Judith Moore, at ...
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.MEMORANDUM DECISION Before the court is the state defendants’ motion to dismiss the plaintiff’s two-count complaint challenging the constitutionality of the Illinois Highway Advertising Control Act of 1971, Ill.Rev.Stat. ch. 121, § 501 et seq. The United States Department of Transportation has filed an answer to. the complaint. Jurisdiction is predicated on 28 U.S.C. § 1331 (1...
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MEMORANDUM AND ORDER This is a patterns and practices action instituted by the Equal Employment Opportunity Commission (EEOC) pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e *242 as amended. Jurisdiction is invoked under 28 U.S.C. §§ 451, 1343 and 1345. The named defendants are Eagle Iron Works and Local 479, International...
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ORDER Plaintiffs in this case filed their complaint and motion for temporary restraining order and motion for preliminary and permanent injunction at 5:31 P.M. on September 24, 1976, and forthwith presented same to the undersigned judge for action. The Court informed the plaintiff that it was unable at that time to act upon the complaint and motion for temporary restraining order bec...
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MEMORANDUM OPINION Invoking federal jurisdiction under 28 U.S.C. § 1343(3) for causes of action based upon 42 U.S.C. § 1983, and under 28 U.S.C. § 1331 for actions arising under the United States Constitution, plaintiffs bring this action charging that they were deprived of their Fourteenth Amendment due process rights when their employment with the *396 Utilities Commission ...
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MEMORANDUM AND ORDER Plaintiff, Red Apple Supermarkets, Inc., is a retail supermarket chain with stores in Queens and New York Counties in the State of New York. It has brought this action against defendants Kraftco Corporation and Deltown Foods, Inc., a licensee of Kraftco authorized to manufacture and distribute Light n’ Lively low-fat milk in the New York City area, and has made a moti...
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*1262 MEMORANDUM In this action for trademark infringement, 15 U.S.C. § 1051, et seq., and unfair competition, Transamerica Corporation seeks an order preliminarily enjoining the defendant, Transfer Planning Inc., (Transplan) , from use of a ‘T’-symbol and the acronym TRANSPLAN which are alleged to infringe registered trademarks owned by plaintiff or its subsidiaries. The defenda...
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MEMORANDUM Plaintiff Programmed Tax Systems, Inc. has moved pursuant to Rule 65 of the Federal Rules of Civil Procedure for a preliminary injunction prohibiting defendants Raytheon Company and Raytheon Data Systems Company from using the initials “PTS” in conjunction with the advertising, production or sale of Raytheon products. For the reasons stated below, plaintiff’s motion is denied. ...
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OPINION Petitioner, now serving an indeterminate sentence not to exceed four years at Auburn Correctional Facility, New York, seeks his release upon a federal writ of habeas corpus. His sentence was imposed pursuant to a judgment of conviction entered in the County Court of Orange, State of New York, upon his plea of guilty to promoting gambling in the first degree. He seeks to void the j...
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FINDINGS OF FACT, OPINION, AND CONCLUSIONS OF LAW This matter is before the Court for final disposition based upon dispositive motions of the parties together with the appropriate memoranda for and against such motions. 1 Plaintiffs question the authority of defendants to provide data processing service to those building and loan associations which are members of the Federal ...
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MEMORANDUM OPINION AND ORDER Before HOLLOWAY, Circuit Judge, DAUGHERTY, Chief Judge, and EU-BANKS, District Judge. This is an action for declaratory judgment and for injunctive relief brought pursuant to 28 U.S.C. §§ 2201 and 2202 to declare and to define the rights and legal relations of the parties and to secure plaintiff’s and intervenor’s 1 rights, privileges and immunities under the Co...
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ORDER Plaintiff and Defendant were formerly husband and wife. They were divorced in the District Court of Hughes County, State of Oklahoma on February 28, 1973 which is the date the Divorce Decree was entered. Pursuant to said divorce proceedings, the parties executed a Property Settlement Contract which was approved by the State Court and such approval was incorporated into the Divorce Decree en...
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OPINION Plaintiffs are Medicare equipment suppliers. Payments to them were suspended on the grounds that they had presented false claims. Presently before the court is the question of whether plaintiffs are entitled to an administrative hearing on these charges. I conclude that they are and will grant the relief they seek. This suit was brought by Martin Eisenberg, a pharmacist licen...
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OPINION Defendant on a federal firearms charge, after a verdict of guilty, has moved for a new trial. Most of the grounds asserted have been covered by hearing arguments and briefs before trial which produced two memorandum opinions from members of this court. Because these matters had thorough and extensive consideration we will not review them here. Initially, on Defendant’s motion to suppress, ...
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ORDER OF COURT This is an appeal from the order of the bankruptcy court in this case entered on January 12, 1976, finding the defendant The Fulton National Bank (Bank) to be in contempt of court and directing the defendant to restore to plaintiff the sum of $27,-993.72 offset from the plaintiff’s checking accounts against indebtedness owed by plaintiff to defendant. On August 11, 197...
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OPINION This six year old diversity action was tried without a jury on June 30 and July 1, 1976. Plaintiff Kurt Schmieder, a citizen of the Federal Republic of Germany, seeks to impress a constructive trust upon certain property of the estate of the late Helen B. Dwyer. The defendant Louis Hall, Jr., an attorney, is the executor and a principal beneficiary of the Dwyer estate. In ess...
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ORDER This matter is before the court on defendant’s motion to strike certain allegations seeking damages for pain and suffering which allegedly resulted from the wrongful dismissal of plaintiff Vermillion due to his age. Jurisdiction is based on Section 7 of *622 the Age Discrimination in Employment Act (ADEA) (29 U.S.C. § 626) and the Fair Labor Standards Act (FLSA) (29 U.S...
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MEMORANDUM OPINION AND ORDER This matter is before the Court pursuant to 30 U.S.C. § 923 and 42 U.S.C. § 405(g), for judicial review of the Secretary’s decision denying Black Lung Benefits to Barney Brunelli, a retired coal miner. (Title IV, Section 412(a) of the Federal Coal Mine Health and Safety Act of 1969, as amended). The administrative record has been filed, briefs are submitted, and the is...
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ORDER This is an action for injunctive and declaratory relief brought pursuant to the provisions of the National Housing Act, 12 U.S.C. §§ 1701 et seq., as amended. Presently pending are the motion for partial summary judgment of the defendants, Department of Housing and Urban Development (hereinafter referred to as “HUD”), the Secretary, Carla Hills, and the regional director, W. A. Hartman,...
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DECISION ON RULE TO SHOW CAUSE This petition for a writ of habeas corpus by a State prisoner challenges the procedures utilized by the Illinois Parole and Pardon Board in revoking the petitioner’s parole. After somewhat more than two years on parole without incident, petitioner Sims was arrested and returned to prison on February 2, 1975. He was accused of violating his parole by committing f...
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MEMORANDUM OPINION Before the court is the plaintiff’s motion to remand this action as improvidently removed pursuant to 28 U.S.C. §§ 1441, 1447. The defendants’ petition for removal sets forth a theory that this action arises under the laws of the United States, specifically under the federal labor law prohibiting secondary boycotts and authorizing actions in the district courts to recover damag...
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This case is before the Court on plaintiff’s request that a three-judge court be empaneled to consider its application for an injunction prohibiting the Kentucky Public Service Commission (hereinafter Commission) and its members, sued in their individual and official capacities, from enforcing the Commission’s order of December 31, 1975, which allowed an increase in rates substantially below th...
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MEMORANDUM OPINION This is a wrongful death action instituted by the minor plaintiffs by and through their guardian ad litem for the death of their father in the crash of a McDonnell Douglas A-4 Skyhawk aircraft on July 3, 1969, at Flagler Beach, Florida. The case is before the Court at this time on the Motion to Dismiss filed by the third party defendant, Curtiss-Wright Corporation, whic...
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FINDINGS AND OPINION Plaintiff Eugene J. McCarthy, an announced, independent candidate for President of the United States in the election to be held on November 2, 1976, is attempting to appear on the ballot in Missouri as an independent unaffiliated candidate. 1 Plaintiffs Gregory J. Mancuso and Kenneth W. Paul are registered, qualified voters and residents of the State of Missouri who seek ...
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MEMORANDUM AND ORDER Petitioner Thomas LiPuma, currently serving a five-year-maximum term of imprisonment pursuant to a judgment rendered in Supreme Court, New York County, on June 24, 1974, was convicted of second degree burglary and petit larceny after trial to a jury. Having unsuccessfully appealed that judgment to the New York Appel*783late Division and Court of Appeals, petitioner now collate...
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OPINION This is an action for the recovery of a finder’s fee brought under this Court’s diversity jurisdiction, 28 U.S.C. § 1332. In an earlier memorandum opinion, dated December 20, 1974, the Court sustained the complaint insofar as it supported recovery based on the doctrine of promissory estoppel but dismissed the plaintiffs’ other claims, based on two written finder’s-fee agreements a...
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ORDER The Court has before it for consideration a Motion to Dismiss filed herein by the defendant, Panama-Williams, Inc., (hereinafter Panama-Williams). Defendant asserts as grounds for said motion that: 1.) The Court lacks jurisdiction over the defendant, and 2.) The defendant has not been properly served with process in the action. Defendant does not specify in its Motion or in its brief in s...
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OPINION and ORDER In this action, as in others recently brought in various federal courts around the country, 1 Eugene McCarthy and four of his supporters and potential presidential electors challenge a state statute which, on its face and as applied, prevents the placement of his name on the November ballot as a candidate for President of the United States. McCarthy is an announced, indepe...
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*365 MEMORANDUM OPINION and ORDER The plaintiff, Johnny J. Puckett, has filed this action, challenging the final decision of the Secretary of Health, Education and Welfare, which denied 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...
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MEMORANDUM OPINION This case involves a claim for damages sustained as a result of alleged price dis *351 crimination by defendant, Borden, Inc., in the marketing of milk products in violation of Sections 2(a), (d) and (e) of the Robinson-Patman Act, 15 U.S.C. § 13(a), (d), and (e). Plaintiffs are former distributors of defendant, a manufacturer of dairy products. At issue in...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiffs seek a refund of estate taxes and interest paid by them as co-executors of their father’s estate. In dispute is one item, disallowed as a deduction from the gross estate by the Internal Revenue Service, consisting of a loan from the decedent’s wife to the decedent. Plaintiffs assert that the deduction was valid, under 26 U.S.C. § 2053(c)(...
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ADDITIONAL FINDINGS OF FACT AND CONCLUSIONS OF LAW The evidence presented at the trial of the class action portion of this case was silent as to whether procedures existed for the processing and hearing of appeals by the *985Civil Service Commission should an applicant seek to appeal rejection for employment by the Civil Service Commission for medical reasons. Because of the class aspect of this a...
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*989 MEMORANDUM OPINION This tort action against the United States was brought pursuant to 28 U.S.C. §§ 1346(b) and 2674, and is based on the alleged medical malpractice of government employees in treating the plaintiff at the Biloxi-Gulfport, Mississippi Veterans Administration Center from January 1971 through June 18, 1971 and from the latter date through June 5,1972. More specifically, the...
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MEMORANDUM OPINION This matter comes on for determination with reference to defendant’s motion to stay these court proceedings pending arbi *1239 tration between the parties 1 (Filing No. 4). A hearing was held on July 7,1976, and the respective briefs of the parties are before the Court. Plaintiff, Valmont Industries, Inc., entered into negotiations with defe...
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The Association of the Bar of the City of New York (the Association) moves, pursuant to Rule 26(c), Fed.R.Civ.P., for an order precluding plaintiff from deposing Cyrus R. Vance, President of the Association, and Irwin Rochman, a member of the Association’s Committee on Criminal Courts, Law and Procedure (the Committee). Plaintiff seeks to depose these individuals with respect to information they r...
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ORDER Plaintiff brings this action pursuant to 42 U.S.C. § 405(g) seeking review of the Administrative Law Judge’s finding that she failed to establish that for the pertinent period she has been and is “disabled” within the meaning of 42 U.S.C. §§ 416(i) and 423(d)(1) so as to entitle her to receive Social Security Disability Insurance benefits. Both parties move for summary judgment. *361 ...
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*9 ORDER Presently pending before the Court is the application of Joseph H. Szaraz for leave to file this habeas corpus action in forma pauperis. Said motion is hereby granted. Upon consideration and for the reasons stated below, this action shall be dismissed. Petitioner is incarcerated pursuant to a sentence imposed by the Common Pleas Court of Summit County, Ohio on November 12, 1973. ...
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MEMORANDUM AND ORDER This action came to be heard upon the Second Report of the Special Master on Defendant’s State of Compliance with the Court’s order of September 12, 1972. Said report is attached hereto as Appendix A, incorporated herein by reference, and made a part hereof as fully for all intents and purposes as if set forth at length herein. The defendant has filed objections ...
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MEMORANDUM Before the court is an application by plaintiffs for a preliminary injunction restraining construction of a subsidized housing facility for the elderly at Reinoehle Street, in the northwestern section of Lebanon, Pennsylvania (hereinafter “City”). The project is to be erected by intervening defendant, DRZ Corporation (hereinafter “DRZ”), under a housing assistance agreement wit...
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OPINION This is an action brought for violation of the provisions of the Fair Credit Reporting Act, 15 U.S.C. § 1681. The defendants have filed motions to dismiss on the grounds that the Act is not applicable to the transaction in question. Because both parties have filed evidentiary material supporting or opposing the motions, we will threat them as motions for summary judgment under Fed.R.Civ...
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MEMORANDUM OPINION This is a diversity action now before this Court on a Motion to Dismiss filed by Defendant Cudmore-Neiber Shoe Company, Inc. While the motion is styled as one to dismiss the complaint for failure to state a claim upon which relief can be granted, matters outside the pleadings have been presented by both parties, and not excluded by the Court. Thus the Motion to Dismiss ...
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The defendant has filed pre-trial motions (1) to dismiss the indictment in this action, (2) to compel election of offenses charged in the same count of the indictment, (3) demanding discovery, (4) for disclosure of the identity and location of an alleged transactional confidential informant, (5) demanding certain alleged exculpatory evidence, and (6) for disclosure of wiretapping or electronic ea...
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*92MEMORANDUM AND ORDER On June 30, 1976, the Court issued a memorandum and order declaring that: Landmark Services, Inc., is immune [under 40 U.S.C. § 804 (Supp.1974)] from the enforcement against it of D.C. Code §§ 40-102, 40-201 et seq, 47-2338, and 29-933 (1973), with regards to interpretive transportation services that it might provide from the parking lot of Robert F. Kennedy Memorial Stadiu...
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MEMORANDUM OPINION This complaint seeks review of final agency action and a declaratory judgment. Plaintiff, National Treasury Employees Union (“NTEU”), is the exclusive bargaining agent of. some 30,000 public employees of the Treasury Department and the Internal Revenue Service (“IRS”). It challenges, on constitutional grounds, a Decision and Order of the Assistant Secretary of Labor for...
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MEMORANDUM OF DECISION This case is here on appeal from an order of the Bankruptcy Court, Seidman, J., declaring invalid the July 18, 1974 attachment by appellant Connecticut Bank and Trust Company (“CBT”) of real property owned by Hunter Press Incorporated (“Hunter Press”). Following the attachment, on August 14, 1974, three creditors filed an involuntary bankruptcy petition against Hunt...
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*434MEMORANDUM OPINION I. BACKGROUND FACTS All of the cases here involved arise from the 1970 merger of Supervised Investors Services, Inc. (SIS), the manager of four open-end diversified investment companies, into Kemperco, Inc. (Kemperco), a Chicago-based insurance and financial services holding company. The four investment companies were Technology Fund, Inc., Supervised Investors Summit Fund,...
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*252 MEMORANDUM AND ORDER The instant Freedom of Information Act litigation is now before the Court for determination of the defendants’ motion to dismiss for lack of subject matter jurisdiction. The defendants argue that the only relief available to the plaintiff under 5 U.S.C. § 552(a)(4)(B) is an order directing the production of the records sought; that the defendants have agreed to furni...
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MEMORANDUM OPINION This is an action for declaratory and injunctive relief in which the plaintiff bonding company seeks the convening of a three-judge panel to consider its claim that House Bill No. 254 (hereinafter “the Act”), passed during the regular 1976 session of the Kentucky General Assembly, violates the United States and Kentucky Constitutions. Briefly stated, plaintiff cont...
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MEMORANDUM OF DECISION The jury in response to interrogatories submitted to it by the court found that the Issaquena, its gear, crew or appurtenances, were not unseaworthy; that defendant was negligent and such negligence played a part in bringing about or causing the death of the unmarried seaman John Edward Ivy. In fixing damages for the parents of John Edward Ivy the jury found that the fa...
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MEMORANDUM Petitioner, convicted of murder in the first degree upon trial to a jury in the Circuit Court of St. Louis County, Missouri, *140was sentenced on January 5, 1973, to life imprisonment. The conviction was affirmed by the Supreme Court of Missouri in State v. Nelson, 514 S.W.2d 581 (1974). A motion for post-conviction relief under Missouri Supreme Court Rule 27.26 was denied, and that ord...
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ORDER DISMISSING PETITION FOR HABEAS CORPUS Petitioner’s claim is that he is entitled to discharge from a federal sentence he is now serving at the United States Medical Center in Springfield, Missouri on September 13, 1976, and that the Bureau of Prison authorities have erroneously computed his discharge as of May 30, 1977. Since these allegations, if true, would create a case of “special urge...
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AMENDED OPINION AND ORDER This case involves a request for declaratory relief seeking to have a portion of § 23-4744, Revised Codes of Montana, 1947, declared unconstitutional on the ground that it violates the First and Fourteenth Amendments to the United States Constitution. I BACKGROUND FACTS: To fully understand the import of this action, it is necessary to set forth in...
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This is a civil rights action instituted by the four plaintiffs, Sylvia Carter, Marilyn Goldstein, Jane McNamara and Marian Leifsen, against the defendant, Newsday, Inc. (“Newsday”), seeking injunctive and monetary relief for defendant’s alleged policy and practice of sex discrimination against women in recruiting, hiring, training, compensation, use of job titles, job assignments, promotions, fri...
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MEMORANDUM OF DECISION Defendants are charged as follows: COUNT ONE Conspiracy between June 11, 1976 and' June 21, 1976, to commit armed bank robbery of the Manufacturers Hanover Trust Company, 210 Flushing Avenue, Brooklyn, New York (18 U.S.C. § 371); COUNT TWO Attempted armed bank robbery on June 14, 1976 (18 U.S.C. § 2113(a)); COUNT THREE Attempted a...
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MEMORANDUM OPINION AND ORDER The causes of action are alleged herein to have accrued on August 15, 1975. This action was commenced on August 16, 1976. The Court notices judicially that the latter date was not a Sunday and was not a legal holiday within the meaning of Rule 6(a), Federal Rules of Civil Procedure. There is no federal statute limiting civil rights actions, and therefore the appli...
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MEMORANDUM On August 26, 1976, a motion for a temporary restraining order was filed in this court to prevent the respondents from requiring the petitioner to enter upon active duty in the United States Army. Since the petitioner’s orders did not require him to report until September 8, 1976, the court denied the request for a temporary restraining order and set a hearing for September 3, 1976, on ...
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MEMORANDUM OF DECISION This case comes before this three-judge court on a complaint challenging the Abortion Services regulation 1 of the Connecticut State Welfare Department which requires that all minors committed to the care of the Commissioner of Children and Youth Services obtain the written consent of the Commissioner, in his capacity as legal guardian, 2 before having elective aborti...
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PERRY, Senior District Judge. This cause comes on upon plaintiff’s motion for summary judgment, filed June 16, 1976, and defendants’ motion for summary judgment, filed July 1, 1976. The court has read and considered said motions and the memoranda of the respective parties in support thereof and in opposition thereto and finds that the document which has been requested by plaintiff and which is the...
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MEMORANDUM DECISION This is a civil rights action for injunctive relief and damages against the State of Illinois, the Illinois Department of Public Health, and three individual state employees. Plaintiff, a former employee of the Department of Public Health, claims that he was subjected to such intense racial discrimination that he was forced to resign from his job. The first count alleges t...
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*1237 MEMORANDUM OPINION In this action, plaintiff seeks a declaratory judgment that the tax assessments made against him by defendant for the year 1970 are excessive and void. Plaintiff also prays for an injunction prohibiting defendant from attempting to collect the taxes. The assessment followed plaintiffs plea of guilty to two indictments charging him with embezzlement of fun...
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MEMORANDUM DECISION The United States has brought this action to collect civil penalties from the defendants Golden Fifty Pharmaceutical Co., Inc. (Golden Fifty), and Michael Posen, Golden Fifty’s president, pursuant to 15 U.S.C.A. §§ 45(7), 49, and 52, for violation of a Federal Trade Commission cease and desist order which became final on June 29, 1970. The United States also requests p...
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MEMORANDUM DECISION This is an action for copyright infringement arising under the Copyright Act, 17 U.S.C. §§ 1, et seq., and jurisdiction is here under 28 U.S.C. § 1338(a). Plaintiffs, Charles E. Schroeder and Marion S. Schroeder, claim that defendants, William Morrow and Company, a publisher, and George Ban-ta & Co., a printer, infringed plaintiffs’ Class A Copyright No. 518...
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MEMORANDUM DECISION All defendants have moved to dismiss plaintiff’s pro se complaint which alleges in part that the procedures used to settle his claim for workmen’s compensation violated his right to due process of law. In deciding whether federal jurisdiction exists and whether plaintiff has stated a cause of action, two factors prompt us to screen his complaint especially carefully and generou...
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MEMORANDUM OF DECISION Before PELL, Circuit Judge, and DIL-LIN and NOLAND, District Judges. The within action is before this three-judge court pursuant to the mandate of the Court of Appeals for the Seventh Circuit which vacated the judgment of a single district judge, declaring unconstitutional the requirement of 60 days residence in a township as a qualification to vote in primary, general ...
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OPINION In this diversity of citizenship case, the required jurisdictional amount being present, Blue Bird Body Company, Inc., a Georgia corporation, herein called Blue Bird, and Insurance Company of North America, a Pennsylvania corporation, herein called INA, filed this action against Ryder Truck Rental, Inc., a Florida corpora*1226tion, herein called Ryder, and Liberty Mutual Insurance Company...
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OPINION Petitioner, Thomas Pulver (“Pulver”), was convicted after a jury trial in New York State Supreme Court, New York County, of criminal possession of stolen property in the second degree and was sentenced to a one year term of imprisonment. He filed the instant petition for a writ of habeas corpus while incarcerated pursuant to that judgment of conviction. After a review of his pro se pe...
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MEMORANDUM Petroleum Transport, Ltd. (“Petroleum”) has petitioned this Court, pursuant to Section 10 of the Arbitration Act, 9 U.S.C. §§ 1 to 14 inclusive, for an order vacating the award made in this arbitration proceeding but confirming part of the findings made *1234 by the arbitration panel and remanding the matter to the arbitration panel or in the alternative for an ord...
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MEMORANDUM Plaintiff, a resident of Washington, D.C., brings this action for money damages in excess of $10,000 against a Virginia corporation and various medical doctors, resi *323 dents of Virginia. The defendants are alleged to have negligently diagnosed and treated the plaintiff and to have conspired with each other to wrongfully confine the plaintiff in violation of his common law rights...
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ORDER ON DEFENDANT’S MOTION TO DISMISS The defendant moves this court to dismiss this cause on the following grounds, to wit: 1. Because the complaint fails to state a claim upon which relief can be granted. 2. The court lacks jurisdiction because the amount actually in controversy is less than $10,000.00 exclusive of interest and cost. 3. The court lacks jurisdiction upon any other basis...
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ORDER GRANTING SUMMARY JUDGMENT This is an action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq. to recover damages for injuries plaintiff suffered from falling down a vertical shaft inside an abandoned mine on United States Government land in Churchill County, Nevada. Plaintiff claims that his injuries resulted from the Government’s negligence...
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Plaintiff broüght this action pursuant to Section 205(g) of the Social Security Act, as amended (42 U.S.C. § 405(g)), to obtain a review of a final decision of the Secretary of the Department of Health, Education and Welfare (“HEW”), denying his claim for disability insurance benefits. Both parties have filed motions for summary judgment and have waived oral argument on the motions. Plaintiff, ...
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OPINION The plaintiff Martin L. Roemer is a manufacturer’s representative. He specializes in offering the products of a variety of businesses to the armed services exchanges. On August 23, 1976, the plaintiff, in an order from Brig. Gen. Bruce T. Coggins, Assistant Judge Advocate General for Civil Law of the Department of the Army, was debarred from doing any business with any instrumentality o...
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MEMORANDUM AND ORDER This is a Title VII racial discrimination suit. At this juncture, two questions are ready for decision: (1) Whether the magistrate correctly recommended that the Court should, in the exercise of its power under Rule 37(a)(4) of the Federal Rules of Civil Procedure or of its inherent power, grant motions for damages filed by both parties against a non-party, the D.C. Unemployme...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW I Background This action is brought by a machinist employed by a ship repairer who was injured in 1973 while working aboard the Navy T-2 tanker “Saugatuek”. The vessel was in drydock at Savannah. The suit against the United States by Mr. Harrelson is under the Suits in Admiralty Act, 46 U.S.C. § 741 et seq. and constitu...
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MEMORANDUM OF DECISION This decision shall constitute this court’s findings of fact and conclusions of law pursuant to Rule 52(a) following trial of this cause on June 24 and 25, 1976. This is an action for an alleged deprivation of plaintiff’s decedent’s civil rights in violation of 42 U.S.C. § 1983. Jurisdiction of this court is based on 28 U.S.C. § 1331 and § 1343(3) and venue is proper in t...
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MEMORANDUM AND ORDER Following the verdict of the jury in favor of the plaintiffs, Connie Francis Garzilli (“Connie Francis”) and her husband, Joseph Garzilli, for $2.5 million and $150,000, respectively, the defendant moved pursuant to Rule 50(b) of the Federal Rules of Civil Procedure to have the verdict and any judgment entered thereon set aside or, in the alternative, pursuant to Rule...
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ORDER Plaintiff is an organization with political purposes (Defendants’ Exhibit E) which include litigation and political action contesting changes in electric power rates, alleged short-comings of the State in financing participation in Federal benefits programs and other matters. Plaintiff is a state-wide organization and places heavy reliance upon its Charlotte activities. Plaintiff applie...
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This three judge court was convened to consider the action brought by Mrs. Patsy Graham, formerly Patsy Ruth Conley, natu *1216 ral mother, next of kin and legal guardian of Bobby Conley, a minor. The defendants are the Board of Education, Idabel School District Number Five, and Don Wyrick, Bill Shupert, J. B. Hadley, Don Leatherwood, Earl Schipp and Woodrow Holman, as school board members and ...
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ORDER This cause is before ,the court on the Petition of James Edward Young for Writ *291 of Habeas Corpus. The petitioner is serving a sentence of 38 years imprisonment for the crime of Robbery With Firearms After Former Conviction of a Felony imposed by the District Court of Oklahoma County, State of Oklahoma, case No. CRF-73-3731 after the petitioner had been found guilty by a jury. The re...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Early on the morning of August 29, 1973 F/V BELUGA came into collision with O/S EAST POINT while in Alaskan waters at a point near the pass between Narrow Cape on Kodiak Island and Ugak Island. These two consolidated cases are brought by the owner (McAllister Equipment Leasing Co.) and charterer (Alaska Packers Association) of O/S BELUGA for damage ...
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MEMORANDUM OPINION Ingersoll-Rand Company has filed suit against these defendants alleging patent infringement of Patent Number 3,144,108. *279 The patent is for a tool called an “Impact Wrench with Separate Inertia Means”. Defendant Rockwell International Corporation filed a motion to dismiss this action for improper venue. The court allowed discovery to go forward solely on...
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ORDER These are actions for federal habeas corpus relief, brought pursuant to 28 U.S.C. § 2241, by two inactive reservists in the United States Navy challenging the fact that they have been called up for active duty in violation of their contractual obligations to the Navy. The actions are presently before the court on (1) respondent’s motion to dismiss for lack of jurisdiction, and on (2) peti...
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OPINION Plaintiffs and intervenors, black employees and former employees of South Central Bell Telephone Company, brought this action against the Company and the unions of which they were members, Communications Workers of America and its Local 10411, alleging a pattern of racial discrimination in hiring, assignments, and promotions. They sought to represent a large class of applicants, e...
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FINAL JUDGMENT Pursuant to the opinion and order of the Court, dated June 18, 1976, it is ORDERED, ADJUDGED and DECREED that: 1. This judgment affects title in real estate and the rights thereto in the above-captioned parties and the Farmers Home Administration, a subdivision of the United States Department of Agriculture, and of the United States of America. 2. The real estate affected by this fi...
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At the close of the hearing of July 7, 1976, counsel were asked to prepare an order embodying the court’s ruling. A draft order was prepared, consented to as to form, and submitted. After a review of it, as well as of the record, the court is of the view that the form order has too great a risk of confusion and has accordingly prepared and signed a form which it considers to embody its rulings cle...
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420 F.Supp. 282 (1976) Levan ROUNDTREE and Delores Roundtree, Individually, on behalf of their minor children and all other persons similarly situated, Plaintiffs, and John Folsom et al. v. Stephen BERGER, Individually and as Acting Commissioner of the New York State Department of Social Services, et al., Defendants. No. 75-C-1052. United States District Court, E. D. New York. September 17, 1976....
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MEMORANDUM AND ORDER Defendants were found guilty by a jury of all the charges contained in a four-count indictment alleging violations of federal narcotic and dangerous drug laws. John Hudson was charged in three counts of the indictment with knowingly and intentionally distributing a controlled substance (methamphetamine), in violation of 21 U.S.C. § 841 and 18 U.S.C. § 2. Together with his b...
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This wrongful death action arises from a ski accident which occurred at Okemo Mountain Ski Area in Ludlow, Vermont, on February 20,1972 and resulted in the death of Thomas L. Nelson. Barbara B. Leopold, the plaintiff, is the executrix of the decedent’s estate, and at the time of the ski accident, was his wife. Mrs. Leopold is now remarried and residing in California. The defendant, Okemo Mountain...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The above-styled cause was heard by the Court without a jury and taken under submission on the 20th day of July 1976. After hearing the evidence for some twenty-five days, examining the exhibits, pleadings and stipulations, and having considered the arguments and proposed findings of fact and conclusions of law of counsel of all parties, the Court makes the...
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ORDER Granville Madison McCarroll, the petitioner, has filed a petition seeking a writ of habeas corpus under authority of Title 28 U.S.C. § 2254. He is presently incarcerated in the G. K. Fountain Correctional Center, Holman Station, Alabama, under a sentence of twenty years imposed upon him by the Circuit Court of Mobile County, Alabama, on a jury verdict of guilty of selling heroin. He filed an...
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ORDER This case is before the Court on plaintiff’s motion for class certification. Plaintiff initiated this lawsuit to complain on his own behalf and on behalf of all other past, present, and future black engineers, applicants for engineering positions, and other professional and semi-professional blacks, women and minority persons who were employed, are employed, or will seek employment ...
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OPINION The plaintiffs in this case have filed suit seeking a judgment declaring the Delaware election law unconstitutional and a mandatory injunction ordering the names of former Senator Eugene J. McCarthy and John H. Stouffer placed on the November, 1976, general election ballot. The defendants have waived their right to trial and have *1195 submitted the case for final judgment based on th...
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ORDER ON DEFENDANTS' MOTION TO TRANSFER CASE PURSUANT TO 28 U.S.C. § 1404(a) I Background and Issues This is an action by the United States against Sam H. Casey and his wife on a guaranty agreement under which they guaranteed a loan made by the Economic Development Administration, a federal agency, to National Medical Producer Corporation, a Puerto Rican corporation which operates a manuf...
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MEMORANDUM OPINION Garnishee-defendant H. Stuart Cunningham, Clerk of the United States District Court, Northern District of Illinois, has moved to quash the instant non-wage garnishment summons. The funds at issue are $7,500. posted with the garnishee-defendant as a bond by Morris Friedman. Friedman has been indicted by a Federal Grand Jury in Case No. 76 CR 841, and is awaiting trial. Prior t...
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MEMORANDUM AND ORDER The matter before the court is the petition of the Equal Employment Opportunity Commission (EEOC) to enforce a subpoena duces tecum issued on March 11, 1975, to respondent, United States Fidelity and Guaranty Company (USF&G). The petition was filed on April 14, 1976, and a hearing was held on May 7, 1976. The parties filed further memoranda after the hearing. The...
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MEMORANDUM This matter comes before the Court subsequent to a hearing on defendants’ motion to dismiss. Plaintiff, Behlen Community Hospital, Inc. (hereinafter referred to as Behlen), instituted this action on March 3, 1976, against Blue Cross of Nebraska (hereinafter referred to as B.C.N.), Blue Cross Association (hereinafter referred to as B.C.A.) and F. David Mathews, Secretary of Health, Educ...
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OPINION Plaintiff Securities and Exchange Commission (“SEC” or “Commission”) seeks to permanently enjoin defendants Bausch & Lomb, Inc. (“BOL”) and Daniel G. Schuman (“Schuman”) from violating § 10(b) of the Securities Exchange Act of 1934 (“the 1934 Act”), (15 U.S.C. § 78j(b)), and Rule 10b-5 promulgated thereunder (17 CFR § 240.-10b-5). Introduction The broad anti-fraud pr...
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OPINION Plaintiff, Lynne Weiser Tuck, formerly a reporter (“senior writer”) for defendant McGraw-Hill, Inc.’s publication, Medical World News (“MWN ”), is suing defendant under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., claiming that defendant discriminated against her on the grounds of sex in the application of its “close relative rule” wh...
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MEMORANDUM This is a wrongful death and survival action based on negligence and strict liability for a defective product. A jury returned a verdict of $473,298 against the defendant, and the defendant has filed motions for a judgment N.O.V. and a new trial. We will deny the motions. FACTUAL BACKGROUND The decedent in this case was killed on September 1,1973, when his 1972 Ford pickup truck skidde...
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OPINION AND ORDER Relator, David Tyrrell (Tyrrell) has filed his petitioner for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. He has been, and continues to be confined in the State Correctional institution at Graterford (Graterford), where he is serving a sentence of twelve and one-half to twenty-five years, imposed by the Court of Common Pleas for Delaware County, Pennsylvania, after ...
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OPINION This action challenges the practice of a number of savings institutions of charging their mortgagors interest from the date of settlement to the date of the first monthly payment. Plaintiffs allege in their third amended complaint that this practice violates the Truth in Lending Act (hereafter *144“TILA”), 15 U.S.C. § 1601 et seq. because the disclosure statement provided was inaccurate w...
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MEMORANDUM AND ORDER Presently before the court are cross motions for summary judgment filed by plaintiffs and defendants in the above-captioned case in which plaintiffs seek declaratory and injunctive relief. Both motions are filed pursuant to Federal Rule of Civil Procedure 56 together with supporting affidavits1 and relate only to Count 1 of plaintiffs’ two-count complaint, concerning an issue...
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MEMORANDUM OPINION AND ORDER NEESE, District Judge. This is a civil rights action for money damages against, inter alia, the defendant Kuhn’s Big K Stores, Incorporated. 42 U.S.C. § 1983; 28 U.S.C. § 1343(3). Such defendant moved for a dismissal as to it on the ground that the plaintiff failed to state a claim against it on which relief can be granted. Rule 12(b)(6), Federal Rules of Civil Procedu...
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MEMORANDUM OPINION AND ORDERS This is an action brought under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., seeking money damages from the national sovereign for personal injury allegedly caused by the negligence of its personnel while acting within the scope of their employment. 28 U.S.C. § 1346(b). The defendant moved for a dismissal, inter alia, on the ground that ...
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MEMORANDUM OPINION The facts of this case are not in dispute. The plaintiff, Kate Fisher, a minor 15 years old, was a student at Burkburnett High School when, on May 11, 1976, she seriously overdosed on the drug Elavil. The incident happened at school and nearly resulted in her death. The plaintiff was then suspend *1202 ed ten days for violating a school drug policy. A heari...
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MEMORANDUM OPINION This is a claim under Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000e et seq., alleging discrimination during employment because of race and a subsequent reprisal by discharge for plaintiff’s having complained to the Equal Employment Opportunity Counsellor. Backpay and injunctive relief are sought. The case was tried to the Court following full discovery. Plaintiff was a f...
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PRELIMINARY AND PERMANENT INJUNCTION This matter arises from the complaint of Eugene McCarthy, an independent presidential candidate, in seeking to have his name placed on the Florida ballot in the 1976 presidential election to be held on November 2. Suit was filed pursuant to 42 U.S.C. § 1983 on behalf of Mr. McCarthy and plaintiffs Randy Meredith and Don Adams who are voters, and David Dombro...
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MEMORANDUM OPINION This cause is before the court on plaintiff’s motion for preliminary injunctive relief pursuant to rule 65(a) of the Federal Rules of Civil Procedure. For the reasons set forth infra, plaintiff’s motion is denied. The verified complaint in this action alleges that plaintiff, a tenured employee at Elmhurst College, a private nonprofit educational institut...
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MEMORANDUM OPINION AND ORDER This cause is before the court on defendant’s motion for summary judgment.1 Defendant seeks: (1) the dismissal of plaintiff’s complaint; (2) judgment on its counterclaim declaring invalid U.S. Patent No. 3,448,698 which was issued *351to plaintiff on June 10, 1969. For the reasons set forth infra, defendant’s motion is granted. A. Nature of U.S. Patent No. 3,448,698 T...
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MEMORANDUM OPINION This action arises under the trademark laws of the United States, in particular the Lanham Act, 15 U.S.C. §§ 1051 et seq. Plaintiff, General Mills, Inc., is the owner of Registrations No. 515,266, No. 945,279, and No. 945,806 for the trademark “BETTY CROCKER.” In its complaint plaintiff alleges that it and its related companies have been and are now engaged i...
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The record in this Social Security review case discloses that there are facts plus reasonable factual inferences which add up to substantial evidence supporting the findings of fact by the Administrative Law Judge. In that regard, the present state of the record includes substantial evidence that plaintiff is not disabled, within the meaning of the applicable federal statute, due to high blood pr...
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MEMORANDUM AND ORDER The issue raised by the present motion is whether or not a Minnesota federal court has quasi-in-rem jurisdiction over an action arising from an automobile accident in South Dakota brought by a Minnesota resident against two nonresidents in which plaintiff has garnished the automobile insurer who wrote the policy which allegedly provides coverage for defendants’ potent...
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MEMORANDUM Robert Edward Lipscomb brings an action in the Federal District Court to grant post-conviction relief under the provisions of 28 U.S.C. § 1651(a), which he styles a Writ of Error Coram Nobis. This petition is filed some twenty-five years after conviction. This Court sees the motion as a § 2255, but Lipscomb has authority under United States v. Morgan, 346 U.S. 502, 74 S.Ct. 247, 98 L.Ed...
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OPINION This is a diversity action wherein plaintiff charges the defendant fraudulently represented that plaintiff would be the exclusive distributor in Brooklyn and Staten Island, New York, of an electronic security device manufactured by defendant, known as a Photo-Scan unit. Plaintiff, among other matters, alleges that defendant’s representation was false in that it had granted a similar distri...
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MEMORANDUM and ORDER Plaintiff’s complaint alleges infringement of two patents, misappropriation of trade secrets and unfair competition. This case is presently before the Court on defendant’s motion to dismiss, or to stay further proceedings and for a protective order. Defendant asserts that plaintiff’s cause of action for alleged misappropriation of trade secrets is time-barred by ...
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ORDER In this action Plaintiff seeks to recover upon a bond Defendant executed pursuant to § 215 of the Interstate Commerce Act, 49 U.S.C. § 315. Plaintiff received personal injuries in an accident with the principal of Defendant. Plaintiff brought action in an Oklahoma District Court and a judgment in Plaintiff’s favor against the Defendant and others was rendered. In this action Plaintiff alleg...
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ORDER Plaintiff has filed pro se a fourteen page in forma pauperis suit against Time, Inc. for publishing an alleged “malicious article” about him in its January 26, 1976, issue of “Time” magazine, and against defendant, George McMillian (McMillan) for authoring the “malicious article with deliberate fabrications” about him. Plaintiff further asserts that McMillan proposes a bo...
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RULING ON OFFER OF EVIDENCE The defendant proposed as evidence herein the Federal Register of October 18,1972, vol. 37, no. 202, pp. 22285-6, § 1910.217, revising Part 1910, Occupational Safety and Health Standards, of the Occupational Safety and Health Act of 1970 (OSHA), 29 U.S.C. §§ 655-657. On the basis of language of Mr. Justice Stamos in Scott, Etc. v. Dreis & Krump Manufacturing Co. (Ill. ...
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OPINION IN ORDER This is another in a series of recent cases challenging the government’s right to obtain a bank’s records of its customers’ accounts. The case is before the Court on a verified petition for enforcement of Internal Revenue summons, filed by the United States and Agent Glenn Miyamoto of the Internal Revenue Service (Government) on April 7,1976, and a motion to intervene as ...
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MEMORANDUM DECISION AND ORDER This action seeks broad, equitable relief from the effects of the failure of United States National Bank and alleged misconduct antecedent to the bank’s demise. Defendant Federal Deposit Insurance Corporation, in its capacities as a corporation and as receiver for United States National Bank, moves to dismiss the action under Federal Rules of Civil Procedure ...
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OPINION This case is before the Court on a motion by the plaintiff for a mandatory preliminary injunction to have his name placed on the November general election ballot. It should be noted at the outset that the constitutionality of the Delaware election statute is not at issue in this case. The defendants concede that the statute is unconstitutional. 1 Joseph F. Mclnerney i...
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OPINION This is a petition for writ of habeas corpus by James Hugh Henson, a State • of Delaware prisoner convicted of rape, sodomy, and kidnapping, alleging that his constitutional rights to a speedy trial and to be confronted with the witnesses against him were violated during the proceedings that resulted in his conviction and his current incarceration. Petitioner argues that the State...
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OPINION AND ORDER OF THE COURT This is a suit for refund of some $535,-946.24 federal income taxes and interest alleged to have been erroneously assessed to and collected from plaintiff for the calendar years 1958 through 1968. Plaintiff (the taxpayer) is a mutual life insurance company incorporated under the laws of the State of Maine and having its principal office at Portland. It is su...
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MEMORANDUM OPINION AND ORDER This case is before the court on defendant’s motion to dismiss the indictment. The issue raised is whether a two and one half year delay between the date the defendant was identified as an armed bank robber from a spread of photographs and his indictment for armed bank robbery has resulted in a violation of defendant’s Fifth Amendment right to due process. For reaso...
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421 F.Supp. 1161 (1976) RITE AID CORPORATION, a corporation of the State of Delaware, et al., Plaintiffs, v. The BOARD OF PHARMACY OF the STATE OF NEW JERSEY et al., Defendants. Civ. A. No. 74-1628. United States District Court, D. New Jersey. September 14, 1976. *1162 Robinson, Wayne & Greenberg by Donald A. Robinson, Ronald J. Riccio, Newark, N. J., for plaintiffs. William F. Hyland, Atty. ...
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OPINION In order to mitigate the hardships visited upon those who are called to serve in the Armed Forces, Congress enacted 38 U.S.C. § 2021 (Section 2021), 1 which, inter alia, requires employers to restore returning veterans to positions of seniority, status and pay equivalent to that which they would have enjoyed had their employment not been interrupted. Alleging...
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Plaintiff Carl Maxie Robinson has moved for an order of the Court pursuant to Rule 37(d) of the Federal Rules of Civil Procedure imposing certain sanctions on defendant “Commissioner of Jurors” of the County of New York for alleged failure to respond to written interrogatories and a request for the production and inspection of documents. Defendant Norman Goodman, County Clerk of New York County, ...
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MEMORANDUM Presently before the Court is defendant’s motion seeking summary judgment1 in its favor upon the claim of Charles Waugh in this diversity action. For the reasons stated below, the Court will dismiss the claim of Charles Waugh set forth in Count II of the complaint. The facts, as alleged in the complaint, are as follows: Charles Waugh is the father of Donna Waugh. In October, 1973, Donn...
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ORDER Plaintiff originally filed this civil rights action against three hospitals, their respective medical staffs and committees, and one physician, alleging that they deprived plaintiff of his constitutional rights by either failing to grant his application for medical staff privileges or, where said, privileges had been previously awarded, by unlawfully terminating them. In his order of May ...
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ORDER Plaintiff has brought this action challenging the validity of defendant GAF’s registration of its commercial chemical with the Environmental Protection Agency. The case is currently before the court on remand from the Fifth Circuit Court of Appeals. In its order of March 14, 1975, this court found that the defendant had properly registered its chemical pursuant to the Federal Insecticide, Fu...
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*1130 OPINION This opinion disposes of cross-motions for summary judgment filed by plaintiffs and defendants with respect to the constitutionality of Chapter 24, Illinois Revised Statutes, section 10-1 — 16 and related provisions. That statute provides for the addition to the scores on civil service examinations of “seven-tenths of one point for each 6 months or fraction thereof of military o...
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Memorandum I. This is a suit by the Dr. Martin Luther King, Jr. Movement, Inc. and two individuals, against the City of Chicago, the Chicago Park District and certain officials of both municipal corporations. The relief sought are injunctive relief, declaratory judgment and damages to prevent, declare unconstitutional and compensate plaintiffs for alleged deprivations, by state offic...
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ORDER This matter is before the court on defendant’s resisted motion for summary judgment filed August 16, 1976. Jurisdiction for this matter is based on 28 U.S.C. § 1346(a)(1) and plaintiff’s claim arises under the Internal Revenue Code of 1954. The underlying facts allegedly giving rise to the claim are not in dispute. Plaintiff Stephen Avery, an attorney from Spencer, Iowa, represented Spencer...
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MEMORANDUM AND ORDER The issue in this jury waived case brought by the widow-beneficiary of six accident insurance policies against three insurance companies is whether the insured’s death at Hot Springs, Arkansas on May 7, 1974 was caused solely by accidental bodily injuries suffered by the insured in an automobile accident at Mankato, Minnesota on April 30, 1974. We find it was not. Diversi...
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OPINION The plaintiff, Aireo, Inc., is a New York corporation, one business activity of which is the sale and distribution of helium, in liquid and gaseous form. Its customers include federal agencies and their contractors. The plaintiff filed this action pursuant to 28 U.S.C. § 1331, alleging jurisdiction under the Helium Act and the Administrative Procedure Act. Specifically, plaintiff seeks an ...
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OPINION AND ORDER This action is to recover brokerage commissions. Plaintiff alleges that in May 1967, defendant, a seller of fuel oil, agreed to pay such commissions to John S. Routh, Jr. (“Routh”) if Routh procured Niagara Mohawk Power Corporation (“Niagara Mohawk”) as a fuel oil customer for defendant. It further asserts that Routh’s rights under the agreement were assigned in December...
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*760 MEMORANDUM AND ORDER Plaintiffs by this action seek to have this Court declare unconstitutional and permanently enjoin the operation of a recently enacted New York statute which substantially modifies the eligibility requirements for the receipt of benefits under that State’s “Home Relief” program. Jurisdiction is predicated on 28 U.S.C. § 1343(3), (4) which confers original...
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OPINION Plaintiffs, Khalieb McKinnon, Laurence Mincy, and David Wheeler, have brought this civil rights action pursuant to 42 U.S.C. § 1983 to redress alleged deprivations of their constitutional rights. 1 Named as defendants are J. W. Patterson, who was the Superintendent of Eastern Correctional Facility in June of 1973 (“Eastern”), Joseph Perrin and Robert E. McClay, who, in June of 1973, w...
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MEMORANDUM On October 16, 1972, Indictment 72 Cr. 1159 was filed in the Southern District of New York charging petitioners Willie Abraham, Erroll Holder, Walter Grant, Robert Hoke and fourteen others with conspiracy to violate the federal narcotics laws, with use of the telephone to further such violations, and charging Willie Abraham with managing a continuing narcotics enterprise in violation of...
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MEMORANDUM OF DECISION AND ORDER The petitioner moves to vacate the plea of guilty to Count One of the indictment, 72 CR 672, on July 17, 1972, before Judge Orrin G. Judd,1 and the judgment and commitment made and entered January 28, 1973, sentencing the petitioner to a prison term of ten years. THE INDICTMENT The five-count indictment charged the petitioner with violations of 18 U.S.C. §§ 2114 a...
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MEMORANDUM OF OPINION ON PLAINTIFF’S APPLICATION FOR ATTORNEY’S FEES TO BE TAXED AS COSTS AND MOTION TO REVIEW TAXING OF COSTS BY CLERK The plaintiff has applied to the Court for attorney’s fees to be taxed as costs against the defendant Del State Bank. This action was commenced by plaintiff, pledgee in possession of 810 shares of stock of the Del State Bank registered in the name of David Spragu...
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MEMORANDUM Plaintiff, Genevieve Kuzmickey, 1 alleging that she is the owner of 16% of Dunmore Corporation (Dunmore) stock initially instituted this action on behalf of herself and all other similarly situated *228 stockholders of Dunmore against Dunmore and two of its officers, Sullivan and Kloss, 2 invoking the jurisdiction of this Court pursuant to the provisions of § 22(a) of the Secur...
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OPINION Plaintiffs have filed this class action on behalf of themselves and certain other stockholders of King Louie International, Inc., one of the defendants herein. The other individual defendants allegedly con *1169 stitute the management of King Louie and have, through their working control of the corporation, caused it to issue a tender offer to plaintiffs’ designated c...
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MEMORANDUM AND ORDER This matter is now before the Court on plaintiffs’ Motion For Preliminary Injunction, and defendant’s opposition thereto. In this action plaintiffs, various consumer-oriented public interest groups, state officials, and a Member of Congress, challenge the action of the Secretary of Agriculture in promulgating, without notice, public participation, or thirty-day delaye...
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OPINION Petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 seeking relief from his judgment of conviction for burglary in the first degree and rape. Petitioner was convicted in the Superior Court of New Castle County. On appeal, the Delaware Supreme Court affirmed the conviction. Goodyear v. State, 348 A.2d 174 (1975). Petitioner presents three grounds for relief ...
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MEMORANDUM RULING Pursuant to the August 3, 1976, pretrial conference in the captioned case, the Court has reviewed the suggestions of counsel for all parties regarding the content and manner of notice to the putative class members. All parties appear satisfied with the latest changes in the content of the notice, which shall read as follows: *129“NOTICE TO CLASS TO: (1) All black persons who app...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on defendants’ Motion to Suppress Evidence on the ground that approximately 468 grams of heroin, seized on or about October 2, 1975, was seized against defendants’ will and without a search warrant. An eviden-tiary hearing was held on this matter to determine the relevant facts. On October 2,1975, at approximately 7:40 P.M., Federal...
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OPINION Defendants E. Todd Wheeler and The Perkins & Will Partnership (hereinafter referred to collectively as “Perkins & Will” or “Architect”) move, pursuant to Rules 12(b) and 19, Fed.R.Civ.P., to dismiss the amended complaint for plaintiff’s failure to join an indispensable party plaintiff whose joinder would destroy diversity jurisdiction in this case. Plaintiff Boise Cascade Cor...
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MEMORANDUM OPINION This case presents a novel issue arising out of the Albert & Maguire Securities Company, Inc. bankruptcy. The Trustee and the Securities Investor Protection Corporation (SIPC) have appealed from an order of Bankruptcy Judge Goldhaber, entered on May 18, 1976, with respect to facts established by a stipulation of the parties, attached as Exhibit 1, pages 24-30 inclusive, of the ...
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OPINION In prior proceedings in this case, all three counts of the complaint against the insurance defendants and federal defendants were found to be legally defective for various reasons and were dismissed by this Court. 378 F.Supp. 1339 (M.D.Pa.1974). Upon appeal, the Third Circuit filed an opinion, 520 F.2d 11 (C.A.3, 1975), and entered a judgment in lieu of a formal mandate which in r...
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MEMORANDUM OPINION Plaintiff was a career employee of defendant and brought this action under the Age Discrimination in Employment Act of 1967, 29 U.S.C. 621, et seq. (the Act) alleging that his demotion in 1973 and his forced early retirement in 1974 were a result of discrimination based on age. The case was tried to the Court and from the evidence presented it is the judgment of the Court t...
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MEMORANDUM This is an action for condemnation of certain adulterated frog legs that were brought into the United States in violation of 21 U.S.C.A. § 301, § 331, and § 334(d)(1) and 19 U.S.C.A. § 1592. The customs statutes, 19 U.S.C.A. § 1592, provide for forfeiture for making false statements when introducing imported merchandise in interstate commerce; the food and drug statutes, 21 U.S.C.A. § ...
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FINDINGS OF FACT, CONCLUSIONS OF LAW THE COURT FINDS AND CONCLUDES AS FOLLOWS: I. The Historical Background 1. This litigation relates to the constitutionality of the provisions of the “Consolidated First-Class Cities and Counties Act” IC 18-4-1-1 et seq. commonly referred to as “The Uni-Gov Act” 1 dealing with the composition of the “special service district” councils. The pertinent pa...
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FINAL JUDGMENT DISMISSING ACTION WITHOUT PREJUDICE This is an action for declaratory and in-junctive relief against enforcement by the Federal Trade Commission (hereinafter “FTC”) of investigative subpoenas issued to plaintiffs by the FTC. Defendants have moved to dismiss the complaint or, in the alternative, for summary judgment. Because plaintiffs have an adequate remedy at law, the action wi...
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ORDER General Atomic Company, plaintiff, is a partnership composed of Gulf Oil Corporation, an oil company, and Scallop Nuclear, Inc. It styles itself on its stationery as “A Gulf and Royal Dutch Shell Company.” General Atomic brought this action to obtain a declaration of rights under its November 7,1973, contract by which it agreed to supply uranium to the defendant, Duke Power Company; it al...
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OPINION Plaintiff filed this action pursuant to § 1346(a)(1) of The Judicial Code, Act of June 25, 1948, c. 646, 62 Stat. 933, 28 U.S.C.A. § 1346(a), as amended, seeking review of the final decision of the Commissioner of Internal Revenue denying its claim for a refund of federal estate taxes alleged to have been illegally and erroneously assessed and collected. Subsequent to the filing o...
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MEMORANDUM ORDER I. NATURE OF THE CONTROVERSY Plaintiffs posit, among other theories of recovery, 1 that Defendant-broker-dealers have breached certain duties owed to them as prescribed by Article III, Sections 2, 13 and 18 2 of the National Association of Security Dealers’ [NASD] Rules of Fair Trade. Defendants have moved to dismiss all claims asserted against ...
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MEMORANDUM Plaintiff, a black citizen of Virginia who failed to pass the Virginia bar examination, brings this action under 42 U.S.C. §§ 1981, 1983, 1985, 1988 and 2000e-2 to redress alleged racially discriminatory practices which deprive black applicants of an equal opportunity to become practicing attorneys at law in Virginia. The Court has tentatively declared this litigation to be a c...
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MEMORANDUM Plaintiffs, black employees of the defendant, Virginia Folding Box Company (VFBC), bring this action under 42 U.S.C. §§ 1981, 2000e-2 to redress alleged racially discriminatory employment practices. Plaintiffs seek injunctive and monetary relief. Defendants include the Virginia Folding Box Company (VFBC), the Bellwood Printing Pressmen, assistants and Speciality Workers, Local Union 67...
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MEMORANDUM AND ORDER TRANSFERRING CASE In this diversity case defendant has moved to dismiss on the basis of alleged lack of jurisdiction or, in the alternative, for change of venue to the district of Oregon. For reasons hereinafter stated the case will be transferred to the District of Oregon. On April 11,1974, Vernon Dale Tilley was a passenger in a small aircraft flying near La Gr...
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OPINION In this action, which was tried to the Court, plaintiff seeks to recover treble damages under the Sherman Antitrust Act, 15 U.S.C. §§ 1, 2, 3, and Section 4 of the Clayton Act, 15 U.S.C. § 15. No disputes exist as to any jurisdictional or procedural questions. The defendants are Pro-Football, Inc., better known as the Washington Redskins, and the National Football League, the unin...
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MEMORANDUM OF DECISION This suit had its origin in a state court automobile liability action1 in which two insurance companies disputed which of them was primarily liable for insurance coverage on the accident. The plaintiff-carrier, United Services Automobile Association, (United Services) in its amended complaint2 claims that not only was the defendant, Glens Falls Insurance Company, (Glens Fal...
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This action is brought pursuant to the provisions of' 42 U.S.C., § 1983, and 28 U.S.C., § 1343, in an attempt by the named plaintiffs to enjoin the Louisiana Stadium and Exposition District from continuing to allow tobacco-smoking in the Louisiana Su-perdome during events staged therein. The Louisiana Superdome is an enclosed arena located in New Orleans, Louisiana, owned and maintained by a po...
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Continuing our difficult journey toward a valid reapportionment of the Mississippi Legislature, we now apportion the State of Mississippi into 122 single member districts for the election of members of the State House of Representatives. Our partial decree of August 24, 1976 apportioning the State Senate, including its findings of fact and conclusions of law, is incorporated in and made a part ...
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ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner, a convicted state prisoner currently in custody of the Missouri Department of Corrections at Jefferson City, Missouri, has filed in forma pauperis a petition for writ of habeas corpus challenging the validity of his state conviction and sentence. Leave to proceed in forma pauperis was granted in the Court’s Order to Show Cause entered Ju...
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MEMORANDUM This matter is before the Court upon the motion of F. A. Johnson and Howard Odom, served as Norfolk and Western Railroad Carrier Representatives, to dismiss plaintiffs’ complaint on a variety of grounds. Plaintiffs brought suit, basing jurisdiction on 28 U.S.C. § 1337, seeking damages for injuries sustained as a result of a merger of the New York, Chicago and St. Louis Railroad Company ...
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OPINION This case comes before the Court on remand from the Third Circuit Court of Appeals for a determination of (1) the applicability of United States v. Hale, 422 U.S. 171, 95 S.Ct. 2133, 45 L.Ed.2d 99 (1975), to a case pending on direct appeal at the time Hale was decided, and (2) whether Hale requires a new trial under the circumstances of ...
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OPINION AND ORDER This is a civil rights action which was instituted on April 29, 1974, in. which the plaintiffs, a white married couple, are suing the Oakley Building and Loan Company and its officers, pursuant to Title VIII of the Civil Rights Act of 1968, 42 U.S.C. § 3601 et seq., Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, and regulations issued by the Federal Home Loan Bank ...
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ORDER The court has examined the Petition for Writ of Habeas Corpus presented to the clerk of this court by the above-named petitioner together with the Motion for leave to proceed in forma pauperis and the required affidavit. It appears therefrom that the petitioner claims that his detention by virtue of the judgment and sentence of the District Court of Oklahoma County, Oklahoma, in case No. CRF...
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MEMORANDUM Richard M. Tarr (Tarr), plaintiff in the above-entitled action, has brought this action for damages against General Electric Company (G.E.), a manufacturer of home appliances, alleging that, in violation of 15 U.S.C.A. § 13 et seq.,1 G. E. has sold home appliances to the plaintiff, a retail seller and franchisee of G. E., at prices greater than those paid by builders, realtors, and deve...
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MEMORANDUM OPINION This action was brought by Mrs. Ella Porter, a nonprobationary federal employee, pursuant to 5 U.S.C.A. 702, 704, to review her thirty-day suspension without pay from the Social Security Administration’s Southeastern Program Center in Birmingham, Alabama. The plaintiff has exhausted all of her administrative remedies, both within the Social Security Administration (cert...
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*80FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff has been nominated by the Governor as assistant adjutant general of the State of Alabama and brings this proceeding to require the Secretary of Defense to certify him as a brigadier general so that Plaintiff may fulfill that position. This cause is submitted on the pleadings and Defendant’s motion for summary judgment. 10 U.S.C. § 1001 provides...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER GRANTING INJUNCTION This is an action brought by the collective bargaining representative of a group of private non-profit hospitals to enjoin the Director of the Federal Mediation and Conciliation Service (“FMCS”) and others from permitting a board of inquiry, established pursuant to Section 213 of the Labor Management Relations Act (29 U.S....
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MEMORANDUM DECISION On August 18 defendants City of Chicago, et ah, submitted for approval a roster of 1091 candidates for appointment to the Chicago Police Department. These candidates consist of 550 well qualified and 541 qualified persons who have been chosen pursuant to the City’s new methods of selecting police officers. The submission is here pursuant to paragraph II-D of the order of Apr...
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ORDER William Clarke, Jr., sustained serious personal injuries on June 25, 1968 when a Volkswagen automobile in which he was riding left the paved portion of Interstate 80 in western Iowa. On February 20, 1970 Clarke sued the car’s driver, George A. Burkle, in this Court. Burkle was the sole defendant to that lawsuit, which was given Civil No. 3-837-W. After certain discovery had been con...
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The plaintiffs seek a preliminary injunction pursuant to Federal Rule of Civil Procedure 65(c) restraining enforcement of a new state regulation, Title 18, Section 352.-3(a) of the New York Code Rules and Regulations, fixing maximum monthly rent allowances for AFDC recipients in each local Social Services District. This regulation went into effect on October 1, 1975, and was approved in November 1...
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These two actions challenge the validity under federal law of the New York State Emergency Moratorium Act for the City of New York, 1975 McKinney Session Laws (Extraordinary Session), Chapters 874, 875 (the “Moratorium Act”). Parties in both actions have cross-moved for summary *972 judgment. For the reasons stated below, defendants’ motions to dismiss the complaint are granted. ...
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OPINION This is a Rule 10b-5 action brought by plaintiff (Fruchthandler) against the trustees and former trustees (trust defendants) of the Chase Manhattan Mortgage and Realty Trust (Trust) and The Chase Manhattan Bank, N.A. (Bank). The action is based upon the alleged failure of the Trust and trust defendants to make certain material disclosures in the periodic reports of the Trust issued from S...
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MEMORANDUM AND ORDER On June 9, 1976, this Court entered an order dismissing the complaint, inter alia, insofar as it purported to claim a violation of the federal Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq., for the reason that plaintiff failed to seek relief from the Pennsylvania Human Relations Commission prior to instituting suit in federal court a...
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ORDER AFFIRMING THE NRAB AND GRANTING DEFENDANTS’ MOTIONS XO DISMISS Background and Arguments Both of the defendants in the above-entitled case have filed motions to dismiss and all of the parties have filed extensive materials in support of their respective positions. Oral arguments were heard on March 29, 1976. On May 14,1976, the plaintiff filed a motion for summary judgment a...
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DECISION and ORDER The defendant Leo W. Roethe is charged in this action with twelve counts of filing a false financial statement in violation of 18 U.S.C. § 1014. He has filed a motion to dismiss the indictment against him, for an order pursuant to Rule 6(e), Federal Rules of Criminal Procedure, permitting him to inspect the minutes of all proceedings before the grand jury which indicted...
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423 F. Supp. 639 (1976) Obie William WILDER, Plaintiff, v. Thomas T. IRVIN, Individually, and in his official capacity as Commissioner of Agriculture of Georgia, et al. No. C75-1818A. United States District Court, N. D. Georgia, Atlanta Division. September 5, 1976. *640 H. Eugene Brown and J. E. B. Stewart, Jonesboro, Ga., for plaintiff. George T. Brown, Jr., Jonesboro, Ga., for Norman E. Dalton....
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MEMORANDUM OPINION DENYING PLAINTIFF’S MOTION TO STRIKE PARAGRAPH 15 OF DEFENDANT’S ANSWER RAISING WARSAW LIMITATION OF LIABILITY AND ORDER THEREON The motions under immediate consideration in this case arise in 123 pending cases, involving 78 decedents and 4 personal injuries, occurring in the air crash of a Pan American plane on American Samoa on January 30, 1974. Most of the cases were filed...
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MEMORANDUM OF DECISION GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT In August 1973, plaintiff William D. Cox, in the course of his employment as a carpenter, sustained a painful low back injury. He continued working until October 1973. In the months that followed, plaintiff received extensive medical treatment and physical therapy. In July 1974, he underwent an operation for this cond...
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MEMORANDUM AND ORDER This matter is now before the Court on plaintiff’s request for an award of attorney’s fees under the Freedom of Information Act. Section 552(a)(4)(E) of Title 5 permits the Court to assess against the United States “reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed.” The C...
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MEMORANDUM OPINION This proceeding presents troublesome questions of standing and prosecutorial discretion. They arise in connection with a citizen’s death from gunshot wounds while in custody of Arkansas law enforcement officers. The plaintiffs allege that Federal officials failed to conduct an affirmative and exhaustive investigation of the incident and that they acted arbitrarily, capr...
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MEMORANDUM OF DECISION This case is before the Court on cross-motions for summary judgment pursuant to Fed.R.Civ.P. 56. No material facts are in dispute. The single question presented is one of statutory construction: whether a community action agency is eligible for federal funding under 42 U.S.C. § 2791(b)1 if the “public sector” members of the agency’s Board of Directors are neither elected pu...
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MEMORANDUM OPINION GRANTING MOTION TO REMAND Plaintiffs, Wendell C. Johnson, Armentha F. Johnson, Frances R. Lipscomb, Edward McCullough, and Katherine McCollough claim they are representatives of a class of Michigan residents presently or hereafter having home mortgage contracts which are held or administered by defendant, First Federal Savings and Loan Association of Detroit. Plain...
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MEMORANDUM OPINION This suit was filed pursuant to 28 U.S.C. § 2201, alleging that the sale by Warnaco of one of its subsidiaries constituted a fraud upon the plaintiff and wilful interference with the business relationship between him and the subsidiary, and seeking a Declaratory Judgment from this Court of the rights and responsibilities of the parties, arising from the transactions her...
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ORDER Plaintiff initiated this action in the District Court of Oklahoma County, State of Oklahoma, against four Defendants asserting various claims arising from the financing of cattle by Plaintiff for Defendant Schultz Cattle Co. (Cattle Co.), a limited partnership. Plaintiff’s claim in its First Cause of Action is against Cattle Co. and Defendant G. W. Schultz (Schultz) individually as ...
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MEMORANDUM Presently before the Court are cross-motions of the parties for summary judgment on an appeal from a final decision of the Secretary of Health, Education and Welfare denying plaintiff’s claim for black lung benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, Title 30 U.S.C. § 901 et seq. The Administrative Law Judge’s decision of June 26, 1975, holding that ...
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MEMORANDUM The plaintiff, International Brotherhood of Electrical Workers, AFL-CIO, Local No. 1434 (IBEW) brings this action against E. I. DuPont de Nemours and Company (DuPont) and Ampthill Rayon Workers, Incorporated (ARWI) to set aside two arbitration awards. Jurisdiction of the matter vests with the Court under the provisions of § 301 of the Labor-Management Relations Act, 29 U.S.C. § 185. Th...
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Plaintiff, on behalf of himself and a purported class consisting of “persons who were, are, or will be Federal Workers, i. e. employed by the government of the United State of America,” claims that his Fifth Amendment rights were violated by reason of the delay between the time that compensation for work performed is earned and “vests” and the time when it is paid or “disbursed.” Plaintiff contend...
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OPINION AND ORDER I. INTRODUCTION This matter is now before the Court on the parties’ cross-motions for summary judgment. The parties have stipulated that no genuine issues of material fact exist. Plaintiffs in this action seek declaratory and injunctive relief against the policy and practice of the Interior Department in recognizing and dealing with defendant Cox, Principal Chief of...
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MEMORANDUM DECISION This action by plaintiff CBS, Inc. against defendants Marvin S. Lieberman, et al., the duly appointed members of the Illinois Commerce Commission, presents the question — Do those who disseminate news by television have a First Amendment right to film or videotape in an unobtrusive, non-disruptive manner the testimony of non-objecting witnesses and the arguments of non-objec...
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OPINION Plaintiff, a geologist, here claims that his employment contract with defendant has been breached on numerous occasions by defendant’s failure to convey certain work *200 ing or overriding interests in wells which plaintiff helped develop. Our jurisdiction is based upon 28 U.S.C. § 1332. Plaintiff and defendant are of diverse citizenship, plaintiff being domicile...
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ORDER Plaintiff alleges that he was hired by defendant on June 30, 1970, and that he continued to work for defendant until September 17, 1971, at which time he was discharged for allegedly racially discriminatory reasons. A timely EEOC charge of racial discrimination ensued, and on November 5, 1974, plaintiff received notice from the EEOC that conciliation efforts had failed, and that pla...
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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. This litigation consists of eight civil antitrust actions commenced in six different federal districts: two in the Northern District of Texas, two in the Northern District of C...
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OPINION Plaintiff, the Sixth Camden Corporation, is a land developer that sought to build a shopping center in Evesham Township, Burlington County, New Jersey. It brings this action under 42 U.S.C. §§ 1983, 1985(3), and 1986, and the Due Process and Equal Protection Clauses of the Fourteenth Amendment, to redress asserted violations of its constitutional rights. Jurisdiction of the court ...
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The above-captioned action for refund of federal income taxes, brought pursuant to 26 U.S.C. § 7422, has been the subject of two prior Memoranda and Orders of this Court, the first dated March 31, 1975, the second dated February 3, 1976. In its first decision, the Court denied the parties’ cross-motions for summary judgment; in its second decision, the Court once again denied an application by ...
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OPINION Petitioner, now serving a sentence of twenty-five years to life imprisonment in Green Haven Correctional Facility in Stormville, New York, seeks his release on a federal writ of habeas corpus. He claims he was denied his right to a fair trial under the Fourteenth Amendment by the refusal of the trial judge to allow him to examine a defense witness as to a confession previously made by t...
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Plaintiff Jerry B. Klein (“Klein”) brings this action pursuant to §§ 10(b) and 27 of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j and 78aa, §§ 60, 67d and 70e of the Bankruptcy Act, 11 U.S.C. §§ 96,107 and 110, 28 U.S.C. § 1332, N.Y. Business Corporation Law § 720 (McKinney’s 1963), and N.Y. Debtor and Creditor Law §§ 273, 274 and 275 (McKinney’s 1945). Klein, as trustee for the liquid...
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OPINION AND ORDER This action — an outgrowth of the most recent so-called “West Point cheating scandal” — contests the constitutionality of the Cadet Honor Code (the “Code”) and Honor System (the “System”) maintained by the United States Military Academy. Plaintiff Timothy Ringgold, suing on behalf of himself and others similarly situated, is a cadet in his third year of studies charged with a ...
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OPINION AND ORDER This case is before the Court on cross-motions for summary judgment and supporting memoranda (docs. 55, 58, 59, 60 and 61). After consideration, the Court concludes that the case cannot be fully adjudicated on the cross-motions, and a trial will be necessary. A hearing was held and, by examining the pleadings and the evidence before it and by interrogating counsel, the C...
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MEMORANDUM OPINION AND ORDER Plaintiff, The Faircrest Site Opposition Committee, is an unincorporated association of property owners and/or residents of the residential area adjacent to the proposed location of a juvenile attention center (hereinafter Center) under construction near Faircrest Avenue in Canton Township, Stark County, Ohio. The purpose of the association is to prevent the c...
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OPINION Plaintiffs Wilson and Logue seek declaratory and injunctive relief from a school board order banning “all political speakers” from Molalla Union High School (MHS). They contend that the order violates the First Amendment and the equal protection clause of the Fourteenth Amendment, and is unconstitutionally vague and overbroad. Jurisdiction is based on 28 U.S.C. § 1343(3, 4). ...
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FINDINGS OF FACT and CONCLUSIONS OF LAW I. FINDINGS OF FACT 1. Luis A. Rodriguez on December 23, 1974, filed an application for employment with the City of Philadelphia for the position of Security Officer I. The application was rejected and Luis A. Rodriguez was not permitted to take the competitive examination that was conducted by the City of Philadelphia for such position, solely becaus...
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MEMORANDUM AND ORDER DENYING PLAINTIFFS’ MOTIONS FOR •SUMMARY JUDGMENT Plaintiffs in these two cases challenge the constitutionality of the Pennsylvania Mechanics Lien Law, 49 Purdon’s PS 1101, et seq. The constitutionality of this legislation, passed in 1963, has not been ruled *705 upon by any court in Pennsylvania with respect to the possible violations of the federal cons...
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MEMORANDUM ORDER GRANTING MOTION TO DISMISS Initially, a civil action alleging sex discrimination was filed with this Court on September 15, 1975, and docketed as Civil Action No. 75-0627-CH. Martha L. Gilkey was the plaintiff in that suit and she purported to represent a class of female persons who are, were, or might be employed by the defendants’ corporations at its various offices and facilit...
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MEMORANDUM OF DECISION This unusual case concerning a threatened disbarment poses issues of extreme sensitivity as to the proper role of a federal court in adjudicating constitutional issues that may arise in the course of state court proceedings. Plaintiff is a judge of the Connecticut Superior Court. On June 28, 1976, he was found guilty by a jury in a Superior Court trial of falsely certifyi...
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These consolidated actions present issues of patent and unfair competition law. In Civil Action No. 74-217, which was originally filed in Delaware, FunnelcaP, Inc. (“FunnelcaP”) asserts four affirmative claims of wrongdoing against Orion Industries, Inc. (“Orion”) and Cal Custom Accessories, Inc. (“Cal Custom”). In Civil Action No. 75-174, which was originally filed in California, Orion and Cal...
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MEMORANDUM OPINION Before the court is the question of whether these defendants have the standing to object to the introduction at trial of evidence which they contend to be the fruit of an illegal search. I. Posture of the Case Defendants Irving H. Potter (Potter), Durand Cephas (Cephas), Harvey Nixon (Nixon), Larry Watson (Watson), Charles E. Wright (Wright), Jefferson Moo...
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This matter is before the Court upon defendant’s motion for summary judgment filed pursuant to Fed.R.Civ.P. 56. The original complaint in this matter sought injunctive relief to prevent defendant from alleged further violations of section 15(a)(2) of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. Jurisdiction is premised upon 29 U.S.C. § 217. This motion is based upon defendant’s interpr...
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MEMORANDUM Plaintiff seeks a preliminary injunction to compel defendant The Exxon Company, U.S.A. (Exxon) to rehire him as an employee or in the alternative to restrain Exxon from hiring any other truck driver before hiring him. The action is brought under 42 U.S.C. §§ 1981 and 2000e et seq. against Exxon and The Esso Workers’ Union, Inc. (Union). 1 The motion for pr...
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This matter comes before the Court for decision on the merits and motion for preliminary injunction. In accordance with Rule 52, F.R.Civ.P., the Court makes the following findings of facts and conclusions of law. Plaintiff, Dr. Duane D. Miller, instituted this action on June 24, 1976, alleging deprivation of due process of law. Jurisdiction of the Court is invoked pursuant to 42 U.S.C. §§ 198...
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424 F.Supp. 1143 (1976) Eugene J. McCARTHY et al., Plaintiffs, v. The Honorable J. James EXON et al., Defendants. No. CV76-L-166. United States District Court, D. Nebraska. September 1, 1976. *1144 Teresa Luther and Margaret Hornbeck, Lincoln, for plaintiffs. Terry R. Schaaf, Asst. Atty. Gen., Lincoln, Neb., for defendants. Before LAY, Circuit Judge, and URBOM and DENNEY, District Judges. MEMORA...
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OPINION Vazman, S.A. (“Vazman”), a corporation organized under the laws of the Kingdom of Spain and not doing business in this District, commenced this action against the defendant Fidelity International Bank (“Fidelity”) to recover demurrage allegedly due under the terms of a letter of credit issued by Fidelity for the account of Texas Trading & Milling Corp. (“Texas Trading”) in connect...
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MEMORANDUM AND ORDER Plaintiff is an assistant professor in the department of Sociology and Anthropology at the C. W. Post Center of Long Island University (the college). On the day that this decision is being prepared, her present employment contract terminates, since after review by the faculty and administrative procedures, the college determined not to grant her tenure. Notice of that decis...
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MEMORANDUM DECISION These are two actions which arise out of an embezzlement scheme carried out by one Jack Dick in connection with the operation of Black Watch Farms, Inc., a company which was engaged in the breeding of cattle sold to investors for tax shelter purposes. The facts of each of Tucker v. Arthur Andersen & Co., and State Mutual Life Assurance Co. of America v. Arthur Andersen & Co., ...
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MEMORANDUM AND ORDER: DEFENDANT’S MOTION TO DISMISS This suit was brought by plaintiff on behalf of himself and others similarly situated versus Continental Casualty Company, on its own behalf and on behalf of all others similarly situated claiming that a conspiracy and restraint of trade has existed and still exists in violation of the antitrust laws with respect to contracts of professi...
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MEMORANDUM DENYING DEFENDANT’S MOTION TO SUPPRESS EVIDENCE The defendant in this case stands indicted for possessing a sawed-off rifle which had not been registered to him in the National Firearms Registration and Transfer Record in violation of 26 U.S.C. § 5861(b) and also for possessing such a firearm not bearing a serial number in violation of 26 U.S.C. § 5861(i). The gun was taken from him ...
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MEMORANDUM OPINION Upon consideration of the cross Motions for Summary Judgment filed in this Social Security disability appeal, it is the opinion *711 of the Court that plaintiff’s Motion must be granted and the claim remanded for rehearing on the question of claimant’s ability to perform other substantial gainful employment. It seems settled that “ . once a claimant succeeds in establishi...
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ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiff has alleged that defendant’s selection process to fill administrative vacancies in the public school system arbitrarily discriminated against three school officials on the basis of age, contrary to the Age Discrimination in Employment Act (ADEA), 29 U.S.C.A. §§ 621 et seq. (1975). The defendant moved for summary judgment prior to...
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MEMORANDUM OF DECISION The petitioner, Paul Moynahan, onetime Deputy Police Superintendent of the City of Waterbury, Connecticut, was convicted on February 4, 1970, after a jury trial, of the crime of receiving stolen goods. 1 The conviction was affirmed by the Connecticut Supreme Court. State v. Moynahan, 164 Conn. 560, 325 A.2d 199, cert. denied, 414 U.S...
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MEMORANDUM OPINION Plaintiffs 1 in this action seek a declaratory judgment that neither the Food and Drug Administration, hereinafter FDA, nor the Department of Health, Education and Welfare possesses the jurisdiction or authority to require or to regulate the labeling 2 of alcoholic beverages. They also *7 seek injunctive relief to prohibit...
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OPINION On August 19, 1976 this court signed a temporary restraining order prohibiting the defendants from presenting to the Grand Jury any evidence obtained directly or derivatively from unlawful wiretaps and electronic eavesdropping devices and from testimony given by any of the named plaintiffs in this action as defendants under a grant of immunity conferred by the courts of the State of New...
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The defendants Dr. Robert T. Dale and his wife Lily Farley Ross Dale were originally indicted for income tax evasion in November 1973. This indictment was superseded in January 1974 by the pending indictment which alleges essentially the same offense. The proceedings against the defendants were interrupted and suspended on April 24, 1974, when Dr. Dale attempted suicide. In three court-ordered ...
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MEMORANDUM OPINION AND ORDER STATEMENT OF FACTS In late January, 1969, Doctor Slodov began negotiations with the then owners of a corporate group hereinafter referred to as “Tastee” for the purchase of their interests in the business. At the time of those negotiations, Tastee was in a precarious financial position and had a loan with National City Bank in excess of $300,000, which was due on ...
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MEMORANDUM OPINION AND ORDER During at least the last 20 years, patterns of racial isolation in the Cleveland public school system have become steadily more pronounced. This situation is illustrated by a review of the percentage of all students attending regular 1 Cleveland Public schools whose school was a one-race 2 school: 1940: 88.37% 1950: 74.09% ...
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MEMORANDUM AND ORDER Plaintiff, H. Monroe Sutherland (Sutherland), instituted this action pursuant to the provisions of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.; he claims that his discharge from employment by defendant, SKF Industries, Inc., (SKF), at the age of 53, after 34 years of service with that company, constitutes discriminatory action,...
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MEMORANDUM AND ORDER The plaintiff, Crockett Mortgage Company (“Crockett”), bid on six mortgages which were offered in a sale of options to purchase mortgages from defendant, Government National Mortgage Association (“GNMA”). Crockett’s bid was not accepted, because an earlier but lower bid had already been accepted. Crockett requests an injunction setting aside all sales of mortgages under the...
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MEMORANDUM OPINION This matter is now before the Court on cross motions for Summary Judgment. This Court has carefully reviewed the pleadings, briefs and exhibits and finds that the basic facts are not in dispute. On March 19, 1965, Defendant was issued a Standard Broadcast Station License for radio station KDSJ, which authorized him to operate his radio station until April 1, 1968, ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Introduction On December 20, 1973, plaintiff Computer Statistics, Inc. (hereinafter referred to as “CSI”) filed this antitrust action against Harry E. Blair, Jr. (hereinafter referred to as “Blair”), James 0. Davis (hereinafter referred to as “Davis”), and William Bloch (hereinafter referred to as “Bloch”) alleging that said defendants viol...
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MEMORANDUM OPINION AND ORDER This is an action brought pursuant to 42 U.S.C. § 2000e, et seq., commonly referred to as Title VII of the Civil Rights. Act of 1964, as amended, by the Equal Employment Opportunity Commission [hereinafter referred to as “EEOC”] claiming that the Suffolk Branch of the American National Bank has been since May, 1969 and is now guilty of discriminatory employmen...
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MEMORANDUM ORDER This civil action was brought under the Food Stamp Act, 7 U.S.C. § 2011 et seq., and was filed by five individuals in their own capacities, and also purporting to serve as representatives of two sub-classes of financially eligible and needy persons who were coal miners in the State of West Virginia who were regularly employed, but who were denied food stamp benefits since the indi...
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MEMORANDUM OPINION AND ORDER The second amended complaint in this action seeks damages under 18 U.S.C. §§ 2510-2520 and U.S.Const., Amends. I, IV, V, VI, on account of defendants’ causing certain conversations of plaintiff to be wiretapped without a warrant. This case has been dismissed by stipulation as to all defendants but Mitchell, who was Attorney General of the United States at all releva...
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MEMORANDUM OPINION In this diversity action, two former football players for the Chicago 'Football Club, Inc. (Club) 1 seek payment of the salaries which the Club refused to pay after it was terminated as the holder of .the Chicago franchise in the World Football League (WFL). Plaintiffs, Peter Beathard and Lawrence Jameson, signed player contracts with the Club in June 1975. Under the contra...
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MEMORANDUM and ORDER This action is now before the Court on defendant’s motion to dismiss on the *61 ground that the State of New York lacks personal jurisdiction over the defendant, or in the alternative, that service of process upon the defendant was not made in compliance with Rule 4(d)(3) or Rule 4(d)(7) of the Federal Rules of Civil Procedure. Defendant, a Pennsylva...
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OPINION This matter is before the Court on motions to dismiss the suit for lack of subject *602 matter jurisdiction, lack of standing to sue, insufficiency of the claims and absence of an indispensable party (the plaintiffs’ mother, Mrs. Black). This is a civil rights action for declaratory and injunctive relief and damages pursuant to 42 U.S.C. § 1983 and 28 U.S.C. §§ 2...
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MEMORANDUM DECISION This Federal Tort Claims action arises from the disastrous flood which occurred in Rapid City, South Dakota, on June 9, 1972, resulting in 238 deaths. The plaintiffs seek to assert claims on behalf of themselves and a class of unnamed persons who suffered personal injury and property damage as a result of the flood. Presently pending before the court are the following ...
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MEMORANDUM AND ORDER As stated in the Memorandum Opinion signed and entered this day the Court is of the opinion that there exists in this case a question under the Eleventh Amendment and Edelman v. Jordan, 415 U.S. 651, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974), of the propriety of requiring Defendant to make retroactive payments of amounts sought by Plaintiffs. The Court is of the...
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MEMORANDUM Defendant’s motion for summary judgment raises the question of what statute of limitation applies to plaintiff’s Count I charging unfair representation. Similarly, the motion raises the question of which statute of limitation applies to the Count II charge of a violation of plaintiff’s right to speak freely at union meetings guaranteed by 29 U.S.C. § 411(a)(2). The motion for summary ju...
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OPINION and JUDGMENT The petitioner, Reuben Cornelious Johnson, Jr., has filed a petition for a writ of habeas corpus in this court pursuant to 28 U.S.C. § 2254. Mr. Johnson is currently serving an eight year sentence, pursuant to a judgment of the Circuit Court for the City of Lynchburg, imposed on July 29, 1975, for larceny. The conviction resulted after a trial by jury in which the petitioner, ...
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The 14-count indictment in this case relates to alleged offenses under 18 U.S.C. § 922(a)(6) and 18 U.S.C. § 922(h)(4). Prior hereto, the Government has dismissed those counts of the indictment which pertain to the latter section of the statute. 1 Section 922(h)(4) makes it unlawful for any person, who has been adjudicated as a mental defective or has been committed to any mental institution, t...
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OPINION AND ORDER Before ENGEL, Circuit Judge, FOX, Chief Judge, and MILES, District Judge. This action challenging the absence of a provision in Michigan’s Election Laws1 whereby an independent candidate for the Presidency of the United States may obtain a position on the general ballot, is before the Court on cross motions for summary judgment. The parties have stipulated that no issues of fact ...
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MEMORANDUM AND ORDER Plaintiffs seek a class certification under Rule 23(b)(3). The complaint alleges that the defendant, Northeastern Hospital of Philadelphia, violated the Truth in Lending Act, 15 U.S.C. § 1601 et seq., when it obtained from Mrs. Fitzgerald a promissory note in the sum of $516.24, payable in 24 monthly installments, bearing 12% interest per annum, for hospita...
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MEMORANDUM AND OPINION In this class action brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e, and the Equal Pay Act, 29 U.S.C.A. § 206(d)(1), the parties have agreed to a settlement of plaintiffs’ claim of sex discrimination and have, in accordance with Rule 23(e), Fed.R.Civ.P., presented a settlement package to this Court for approval. The defendant, in ...
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*111ORDER Once again this Court has been called in to arbitrate the no show and no tell discovery games engaged in by the parties to this lawsuit. I should emphasize at the outset that this is not the only game in town. The fact pattern hereinafter recited has repeatedly surfaced in other litigation during my tenure on the bench. In fact, I have often thought that if the Federal Rules of Civil Pro...
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*176 MEMORANDUM Petitioner, a Virginia prison inmate, brings this action under 28 U.S.C. § 2254 in which he attacks a 1960 state court conviction which provides the basis for a subsequent recidivist sentence. Jurisdiction is alleged under 28 U.S.C. § 2241(a). The matter comes before the Court on petitioner’s motion for summary judgment and respondent’s response thereto. The parties are, wit...
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STATEMENT OF THE CASE While there are other alleged errors relied upon by the petitioner for habeas corpus in this case, the primary and controlling question is whether or not the Georgia trial judge and the Supreme Court of Georgia unconstitutionally applied the provisions of Georgia Code § 38-302 to the facts of this case: Said Georgia Code Section reads as follows: When in a legal investigation...
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DECISION Statement of the Case Irenio and Gloria Bantolina, the plaintiffs herein, purchased an automobile from Aloha Motors, Inc. (Aloha) on November 25, 1974. The terms of the purchase and certain disclosures required by the Truth in Lending Act were contained in a “Retail Installment Contract and Open End Credit Plan” provided to plaintiffs at the time of the purchase. Th...
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MEMORANDUM OPINION Duane Bertrand, the plaintiff in this action, has brought suit against Orkin Exterminating Company, Inc., alleging that he was demoted and constructively discharged by the defendant because of his age in violation of the Federal Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621 et seq. The defendant has moved to dismiss the complaint or in the al...
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MEMORANDUM OPINION In 1970, Commodore Properties, Inc. (hereafter Commodore) established a real estate subdivision known as Casa Campana in Glendale, Arizona. Ninety-five lots in Casa Campana have been sold to various individuals since 1971. In 1975 the Secretary of the Department of Housing and Urban Development (HUD) through the Office of Interstate Land Sales Registration (OILSR) began...
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OPINION This is a suit brought on behalf of all pre-trial detainees at the Sullivan County Jail (hereinafter “SCJ”) seeking declaratory and injunctive relief under 42 U.S.C. § 1983, based on the conditions under which they are so confined. Plaintiffs claim that the jail conditions at the SCJ violate the first, sixth, eighth, ninth and fourteenth amendments of the United States Constitutio...
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MEMORANDUM OPINION Defendant, after his arrest and preliminary hearing, was taken into custody, handcuffed, and delivered to his supervising parole officer who had filed a detainer on a charge of parole violation. No Miranda warning was given by the parole officer before the interview; he informed the defendant that it would be in his own best interest to cooperate in order to avoid a possibl...
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MEMORANDUM AND ORDER This action, begun on November 19, 1974, seeks to compel the District Director of the Internal Revenue Service to refund, or apply against an outstanding tax liability, an overassessment and payment of taxes for the 1965 tax year. Jurisdiction over this matter is alleged in the complaint by reason of 28 U.S.C. § 1361. The matter is presently before this Court on a mot...
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MEMORANDUM OPINION This is a diversity action to collect a broker’s commission allegedly earned for the sale of property in Teton County, Wyoming. The parties stipulated that plaintiff Stephen M. Doran, d/b/a Doran and Associates (Doran), does not and never has held a real estate license authorizing him to do business in the State of Wyoming. Paul, Jane and Sparky Imeson (Imeson) own and oper...
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MEMORANDUM OPINION AND ORDER The American Independent Party (AIP) seeks declaratory relief entitling it to list alternative certified slates of candidates on the upcoming November, 1976 general election ballot under the AIP party designation. It claims that its constitutional rights under both the due process and equal protection clauses of the Fourteenth Amendment were violated by the se...
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OPINION This class action has been brought to challenge 42 C.F.R. § 232.10 promulgated by the United States Department of Health, Education and Welfare (HEW) and § 210, Appendix D, Public Assistance Manual (PAM) established by the Department of Institutions and Agencies of the State of New Jersey (I & A), requiring applicants for or recipients of federal Aid to Families with Dependent Chi...
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OPINION Thirty Western Hemisphere aliens who seek admission to the United States have brought this action to obtain the benefits of an order entered in a previous class litigation, Lewis-Mota v. Secretary of Labor, 469 F.2d 478 (2d Cir.), rev’g 337 F.Supp. 1289 (S.D.N.Y.1972). The application of that order to these plaintiffs presents complex issues which the parties seek to resolve on cross-moti...
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OPINION For 135 years, Congress has forbidden penetration of our shores by obscene materials. 1 The enactment currently performing that protective function is § 305 of the Tariff Act of 1930, 19 U.S.C. § 1305(a) (1970). 2 Customs personnel at our various *1134 ports staff this bulwark. They spend their time opening mail and packages, having evidently lea...
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ORDER Before WEICK, Circuit Judge, THOMAS, District Judge, and KRUPANSKY, District Judge. This is an action wherein plaintiffs challenge the constitutionality of Ohio Revised Code Section 2919.12(B), which imposes civil and criminal sanctions upon physicians performing abortions for unmarried minors absent consent of a parent, custodian, or a guardian. Plaintiffs’ Motion for a Temporary Restr...
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OPINION On February 23, 1976, the Secretary of Labor filed a complaint in this court against the Pittsburgh School District asserting a cause of action under the Fair Labor Standards Act of 1938, 29 U.S.C. § 217. The action concerns the equal pay provisions of the Act. Contemporaneously with the fil *1038 ing of the complaint a Consent Judgment signed by the counsel for the p...
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MEMORANDUM AND ORDER Defendant Teti has been charged with two counts of receiving firearms as a convicted felon, in violation of 18 U.S.C.App. § 1202(a)(1), and with two counts of illegally possessing a firearm, in violation of 26 U.S.C. §§ 5861(d) and (i). This Court held a hearing on defendant’s motion to suppress certain physical evidence and a statement which he made to agents of the ...
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OPINION The plaintiff, Jerome R. Siskey, has filed this action against his employer, Eazor Express, Inc. (Eazor), and his labor union pursuant to Section 301 of the Taft-Hartley Act, 29 U.S.C. § 185. At issue are motions for summary judgment filed by Eazor and the union defendants, General Teamsters, Chauffeurs, Warehousemen & Helpers, Local 261 (Local 261) and Teamsters Joint Council No....
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OPINION This is an action for judicial review of an Interstate Commerce Commission decision. Plaintiff, Trans-American Van Service, Inc. [hereinafter “Trans-American”], seeks to have annulled and set aside orders of the Interstate Commerce Commission [hereinafter “ICC” or “Commission”] denying Plaintiff’s application for a motor-vehicle common-carrier certificate authorizing the transport...
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FINDINGS OF FACT and CONCLUSIONS OF LAW Inscribed on the Main Post Office in New York City is the famous quotation: Not snow, nor rain, nor heat, nor gloom of night stays these couriers from the swift completion of their appointed rounds. The issue before this court is whether a negligence action for damages lies against individual United States Postal Department officials when mail is not...
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ORDER REGARDING EFFECT ON CLASS MEMBERS OF COURT’S ORDER IMPOSING SANCTIONS ON ESTATE OF HOWARD R. HUGHES On July 2, 1976, the court orally granted the motions of plaintiffs in Anderson, Beecher, and Silverstein for sanctions against the estate of Howard R. Hughes based on Hughes’ failure to appear for his deposition. At that hearing defendants contended that only the named plaintiffs in these ac...
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OPINION The question before the Court is whether plaintiff, who has been deprived of his property and liberty by virtue of his dismissal as a police officer and the attendant publicity, has been denied procedural and substantive due process as guaranteed by the Fourteenth Amendment because of the alleged insufficiency of the hearings accorded to him. Plaintiff has brought a civil act...
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424 F.Supp. 218 (1976) WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, a body corporation, v. ONE PARCEL OF LAND IN PRINCE GEORGE'S COUNTY, MARYLAND, et al. Civ. No. K-76-67. United States District Court, D. Maryland. August 24, 1976. Gary M. Peterson, Dept. of Justice, Washington, D.C., for Government. Carl Lehmann, Upper Marlboro, Md., J. Eugene Cleary, Hyattsville, Md., for defendants. MEMORA...
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OPINION This action arises out of a construction grant awarded on November 18, 1975 by the United States Environmental Protection Agency, Region V (hereinafter “E.P. A.”) under Title II of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1251 et seq. (Supp. V 1975), to the City of Hancock, Michigan. This grant is for 75% of the total construction costs (33 U.S.C. § 1282(a))...
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For the 1979 quadrennial Mississippi legislative elections, our task is to reapportion both Houses of the Mississippi Legislature. 1 I. The Directions of the Supreme Court, May 19, 1976 In an opinion dated May 19, 1976, 2 the Supreme Court held that this task should be performed agreeably to the teachings of Mahan v. Howell, 3 Connor ...
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MEMORANDUM This matter comes before the Court upon the motions of defendants to dismiss for lack of personal jurisdiction subsequent to the submission of briefs and oral argument before the Court on July 30, 1976. The cases have been consolidated for decision of the issues presented by the defendants’ motions. Plaintiff, Aaron Ferer & Sons Co., a Nebraska corporation', debtor and deb...
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This matter comes before the Court pursuant to 28 U.S.C. § 2254, after an evidentiary hearing and submission of the state court record. The sole issue in this habeas corpus action is whether an enhanced sentence of ten years by virtue of the Nebraska habitual criminal statute, Neb.Rev.Stat. *46 § 29-2221 (Reissue 1975) 1 is cruel and unusual punishment as applied to the petitioner. The peti...
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OPINION Sheldon Pontiac, Inc. (Sheldon Pontiac) is a corporation organized under the laws of the State of Delaware with its principal place of business at 250 George Street, New Brunswick, New Jersey. At that location, Sheldon Pontiac is engaged in the sale of both new and used automobiles. Pontiac Motor Division is part of General Motors Corporation (PMD), a corporation organized and exi...
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OPINION The employer (sometimes “the Company” hereafter) seeks to confirm and the Union (sometimes “Local 771” hereafter) on behalf of employees seeks to vacate an arbitrator’s Award declaring that a labor dispute submitted for arbitration pursuant to the collective bargaining agreement between the parties is no longer arbitrable because it is time barred under the limitary provision of that agre...
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OPINION This is a suit arising under Sections 12(2) and 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and rule 10b-5 and pendent state claims under § 352-c of the New York General Business Law, common law fraud, and with respect to defendants Arnold Bernhard & Co., Inc. and Arnold Bernhard, a violation of § 206(4) of the Investment Advisers Act of 1940....
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OPINION This troublesome civil rights litigation is once again before the Court on the Commonwealth of Pennsylvania’s application for relief from a consent judgment entered into by the parties and approved by this Court some three and one-half years ago. The consent judgment presently at issue was the presumed culmination of.proceedings which began in July 1966, when plaintiff Richard J. Mayb...
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DEFENDANT AND COUNTERCLAIM-ANT’S FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT I FINDINGS OF FACT There is no genuine issue with regard to the following material facts: A. Jurisdiction. 1. Plaintiff and counter-defendant The New West Corporation (herein “Plaintiff”) is a corporation organized and existing under the laws of the State of California with its principal place of busin...
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419 F.Supp. 1061 (1976) Rose Mary BOYD et al., Plaintiffs, v. OZARK AIR LINES, INC., Defendant. No. 75-528C(4). United States District Court, E. D. Missouri, E. D. August 23, 1976. *1062 Susan Spiegel, Mid-America Employment Rights Project, St. Louis, Mo., for plaintiffs. Jerry L. Redfern, Springfield, Robert B. Vining, and Donald J. Meyer, Clayton, Mo., Neale, Newman, Bradshaw & Freeman, Spr...
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OPINION This case arises out of the claims of two foreign seamen for damages under the Jones Act, 46 U.S.C. § 688. The Court made a preliminary determination that the Jones Act is inapplicable to the instant action, and that the suit may proceed in the federal court solely as an admiralty matter triable to the Court pursuant to 28 U.S.C. § 1333 and Rule 9(h), Fed.R.Civ.P. The defendant ha...
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ORDER The above-named petitioner a federal convict confined in the Federal Reformatory at El Reno, Oklahoma, has filed this proceeding for writ of habeas corpus in which he attacks the validity of a Detainer lodged by the State of .Illinois with the respondent and claims that the allegedly invalid Detainer is depriving him of the opportunity to participate in various programs at the institution. ...
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ORDER The above-named habeas petitioner was found guilty on March 17, 1975, after trial by the court without a jury of the crime of Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor in violation of 47 O.S. § 11-902, in case No. CRM-74-3211, District Court of Oklahoma County, Oklahoma. The court then sentenced the petitioner to serve a term of six months imprisonme...
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OPINION Petitioner seeks judicial review under the Administrative Procedure Act (APA), 5 U.S.C.A. §§ 701-706 of a final administrative agency action by the Manpower Administration of the U.S. Department of Labor refusing to grant him an employment certification as required by 8 U.S.C.A. §§ 1151, 1153, and 1182. Petitioner’s request for reconsideration of the administrative decision has al...
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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 claim for Supplemental Security Income under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq. Before the Court is plaintiff’s motion for summary judgment. The Court has received briefs and heard oral arguments on the issues raised herein. Plaintiff is...
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MEMORANDUM OPINION AND ORDER This is a removed diversity action, 28 U.S.C. §§ 1332(a)(1), (c), 1441(a), by a municipality (Kingsport) and others for damages emanating from a defective roof placed on a high school building, against the defendants SCM Corporation (SCM) and Special Coatings, Inc. (Coatings). SCM impleaded by counterclaim the defendants-by-counterclaim Steel and Roof Structur...
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OPINION AND ORDER This action was brought to recover the unpaid balance allegedly due for the purchase of a cast iron deaerator supplied by the plaintiff, Crane Company [hereinafter referred to as “Crane”], to the defendant, Progressive Enterprises, Inc. [hereinafter referred to as “Progressive”] to be installed as part of defendant’s contract with the United States. Jurisdiction of the Distric...
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OPINION and JUDGMENT This is an action pursuant to Title 42 § 1981 and § 1983 of the United States Code and the Fourteenth Amendment of the Constitution seeking monetary and injunctive relief for the alleged wrongful discharge of Vanessa Mickles a former psychiatric aide trainee at the Lynchburg Training School and Hospital. This case is presently before this court on defendants’ motion for summar...
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ORDER TO REASSIGN CASE AND NOTICE TO COUNSEL The undersigned Judge, to whom the above-entitled case was assigned pursuant to Local Rule 2, is of the opinion that he should not proceed further in said case by reason of the facts that: (1) He has just learned today, August 19, 1976, that the law firm of Nichols and Rose, representing plaintiffs, had on August 17, 1976, associated Richard A. Per...
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MEMORANDUM DECISION AND ORDER sitting by designation. The plaintiffs have brought this action seeking judicial review, pursuant to the Administrative Procedures Act, 5 U.S.C. §§ 701 — 706, of a November 8, 1974 decision which classified certain real property as suitable for entry under the Desert Land Act, as amended, 43 U.S.C. § 321, et seq. The decision by its terms is the final ac...
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The government commenced this civil antitrust action on September 28, 1973 by filing a complaint alleging that the purchase of the McCulloch Corporation (McCulloch) by the Black and Decker Manufacturing Company (Black & Decker) violates § 7 of the Clayton Act as amended, 15 U.S.C. § 18. 1 Divestiture of the acquired company is the principal relief sought. A request by the govern...
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MEMORANDUM OPINION This petition for a writ of habeas corpus alleges as the sole ground for relief a claim of ineffective representation of counsel. Petitioner was convicted in the Circuit Court of the City of St. Louis, upon trial to a jury of the crime of rape and was thereafter, on March 10, 1972, sentenced under the Missouri Second Offender Act to a term *659of 35 years imprisonment. The convi...
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OPINION 1 The sea is a hard master and those who sail her are united in a common struggle. It is their tradition to answer calls of distress regardless of cost or peril. So firmly accepted is this tradition that our laws *657 make it a criminal offense to ignore those “at sea in danger of being lost.” 2 This case raises the interesting (and somewhat novel) ...
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OPINION This action under the Civil Rights Acts, 1 like a number of similar cases in this Court, follows in the wake of the plaintiff’s conviction in the New York State Supreme Court, pursuant to which he is now serving a sentence of 7Vh to 15 years for attempted robbery in the first degree. He has named as defendants virtually all who had any role, whether as prosecution or de...
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MEMORANDUM AND ORDER Plaintiffs, mother and son, own a nursing home whose records have been subpoenaed by defendant Hynes, a special prosecutor appointed to investigate the nursing home industry in New York State. Plaintiffs seek to enjoin enforcement of the subpoena claiming that in violation of 42 U.S.C. § 1983 Hynes is depriving them of their constitutional rights under the Fourth, Fifth and...
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ORDER CERTIFYING ACTION AS CLASS ACTION This is a Title VII sex discrimination case brought by the plaintiff Andrea Kornbluh against the defendants Stearns and Foster Company (“Stearns & Foster”) under 42 U.S.C. § 2000e et seq. The plaintiff John Kornbluh also seeks relief under Title VII, but that action is not relevant to the plaintiff’s motion to certify this action as a class action. Pursuant...
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ORDER Plaintiff brings this action for false arrest, false imprisonment and medical malpractice against the United States and an individual. Jurisdiction is alleged to exist pursuant to 28 U.S.C. § 1346(b) for an action under the Federal Tort Claims Act, 28 U.S.C. § 2671-80. Plaintiff requested and was granted leave to file an Amended Complaint. Defendant, the United States, has filed a Motion fo...
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ORAL OPINION AND DECISION The Plaintiffs in four class suits brought by purchasers of the common stock of Republic National Life Insurance Company of Dallas, Texas (Republic hereafter), have submitted a proposed settlement embracing all claims by the class members against Republic and all other Defendants in these suits arising out of, based upon or related to the matters set forth in the constit...
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MEMORANDUM Following a reversal and remand of this Court’s prior opinion, 351 F.Supp. 196 (1972), denying injunctive relief, reinstatement and back pay to certain black teachers formerly employed by the County School Board of Nansemond County, Virginia, the proceedings were somewhat delayed because, as of January 1, 1974, the County of Nansemond ceased to exist, it having been merged with...
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OPINION This matter is before the Court on defendant’s motion for summary judgment, duly noticed, argued and submitted. Plaintiff, a black woman, was an NCR operator for defendant Bank. She claims that her operations supervisor, a white male, promised her a better job if she would be sexually “cooperative”, and caused her dismissal when she refused. Plaintiff failed to avail her...
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*636 MEMORANDUM AND ORDER On May 10, 1976, this Court entered a Memorandum and Order in this action rejecting defendant’s arguments that its decisions made pursuant to 49 U.S.C. § 1461 were not subject to disclosure under the Freedom of Information Act, 5 U.S.C. § 552 (FOIA), until their approval or disapproval by the President. Specifically, the Court enjoined defendant: fr...
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MEMORANDUM OF DECISION I. The Plaintiffs’ Challenge The case before us was filed in the District Court of Connecticut at Hartford on July 2, 1976. Since it seeks a declaratory judgment and an injunction against the enforcement of certain provisions of Connecticut’s election laws on. the ground that they are unconstitutional, the provisions of 28 U.S.C. § 2281 required that th...
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MEMORANDUM OF DECISION Petitioner, presently incarcerated at the Connecticut Correctional Institution at Somers, seeks to challenge the jury selection process in a Connecticut Superior Court trial that resulted in his conviction for first degree larceny. He alleges that an appeal of his conviction is to be filed this month. From the face of his papers, it is clear that he has failed to exhaust ...
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MEMORANDUM Petitioner has moved to vacate his sentence. He pleaded guilty to three counts of a twenty-three count indictment charging wire fraud in violation of Section 1343, 18 U.S.C. On August 10, 1973, petitioner was sentenced to an aggregate of eight years imprisonment and an aggregate fine of $3,000. He has twice, without success, sought reduction of sentence. The second motion for reduction ...
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This case comes before the Court on motion for summary judgment by defendants Adamson United Company, United Engineering & Foundry Co., and Wean United, Inc., pursuant to Fed.R.Civ.P. 56. Movants claim they cannot be held liable as a matter of law for the injuries sustained by plaintiff while cleaning a machine manufactured by movants’ predecessor. Plaintiff and defendant Zurn Industries, Inc. ...
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MEMORANDUM OPINION The broad question presented in this case is whether the entry and inspection provisions of the Occupational Safety and Health Act of 1970 (OSHA), 29 U.S.C. §§ 651 et seq., are consistent with the dictates of the fourth amendment. Congress enacted OSHA “to assure so far as possible every working man and woman in the Nation safe and healthful working condi...
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MEMORANDUM H. C. Wain wright & Co. is engaged in the securities business as a broker. As an important adjunct to its brokerage business, Wain wright has for nearly forty years provided financial research for its clients. The roster of those it currently serves numbers more than 900 including most major banks, insurance companies, mutual funds, investment counselors, and pension funds in a...
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OPINION In this cargo damage action the Court is called upon to construe the package limitation provision 1 of the Carriage of Goods By Sea Act 2 (“COGSA”) as applied to “palletized” cargo, that is, cargo arranged upon and secured to wooden pallet boards for ocean transport. The case has been submitted without trial upon stipulated facts and exhibits. Plaintiff Omark Industries, Inc. (“Omar...
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MEMORANDUM This case was tried non jury on August 11, 1976. The issue is whether the defendant, a coal operator, should be required to pay the usual and customary royalties to the Trustees of the United Mine Workers of America Health and Retirement Trusts on the tenth day of each and every month or whether the defendant has some leeway in making the payments required by the National Bituminous ...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This is an action for claimed infringement of U.S. Design Patent 219,118, issued on November 3,1970 for a term of fourteen years to Ken R. Baker and Ronald Plecia. The claim of the patent is for the ornamental design for a boat as shown in five line drawings from different perspectives, presenting the outline of the boat, without detail. ...
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MEMORANDUM OF DECISION Petitioner, presently incarcerated at the Federal Correctional Institution, Danbury, contests the decision of prison authorities not to refer his name to the Parole Commission for consideration. Petitioner served 22 months of a five-year sentence imposed in 1971 before being released on parole in September, 1973. In January, 1975, petitioner was rearrested and his p...
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ORDER This is an action for relief in the nature of mandamus brought pursuant to the All Writs Statute, 28 U.S.C. § 1651, naming as respondent a bankruptcy judge. The action is brought by several secured creditors of the debtor-in-possession in proceedings for a real property arrangement filed pursuant to Chapter XII of the Bankruptcy Act. See 11 U.S.C. § 801, et seq. ...
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ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This matter is before the Court on defendant’s motion for summary judgment. Plaintiff, Administratrix of the Estate of her deceased husband, alleges in her complaint that the deceased died as a result of injuries received while driving a tractor manufactured by defendant. Plaintiff alleges that the deceased’s vehicle collided with an embankment whic...
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419 F.Supp. 1002 (1976) James HUDLER, et al., Plaintiffs, v. Richard H. AUSTIN, in his official capacity as Secretary of State, and Bernard J. Apol, in his official capacity as Director of Elections and Secretary of the State Board of Canvassers for the State of Michigan, Defendants. Stephanie ALLAN et al., Plaintiffs, v. Richard AUSTIN, Individually and in his official capacity as Secretary of S...
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MEMORANDUM AND ORDER Every day business dealings between New York State and cities throughout the country are carried on by countless phone calls and letters. In many cases, these communications are the only contacts which business concerns from other states have with New York. The question before the court is: are such phone calls and letters, without more, sufficient to subject an out o...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiffs have brought this action against the Consolidated Rail Corporation (Conrail) seeking declaratory relief, injunctive relief, and damages for Conrail’s alleged improper termination of rail service at the former Erie Lackawanna Ore Dock located on the Cuyahoga River. By its prior order of May 4, 1976 the Court granted the plaintiffs’ motion for a te...
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FINDINGS OF FACT, OPINION AND CONCLUSIONS OF LAW This matter is before the Court following a trial on the merits at which testimony and evidence was presented and upon pretrial and post-trial memoranda. In accordance with Rule 52 of the Federal Rules of Civil Procedure, the Court does submit herewith its findings of fact, opinion, and conclusions of law. FINDINGS OF FACT I. 1. At all time...
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MEMORANDUM DECISION This is an action for declaratory and in-junctive relief. Plaintiffs seek certain declarations that the defendants have failed to comply with statutory and treaty requirements, mandamus compelling such compliance, and injunction pending such compliance. Plaintiffs’ amended complaint focuses upon the acts of the defendants in conjunction with the Oahe Diversion Unit (he...
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*109RULING ON MOTION TO EXCLUDE DEFENDANT EATON CORPORATION’S DESIGNATION OF TRIAL TESTIMONY Defendant Eaton has noticed its intention to introduce a record of the prior testimony of A. H. Brownell, Roger A. Graham and William H. Neale at the trial on the issue of liability which is scheduled to commence on September 14, 1976. Plaintiffs object to the submission of this prior testimony, and have ...
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MEMORANDUM Sitting by Assignment. This wrongful death action resulted in a jury verdict for defendant Seaboard Coast Line Railroad (Seaboard). The several plaintiffs have filed a motion for a new trial. Plaintiffs’ theory of liability, sounding in negligence, is that defendant maintained inadequate lighting signals and other warning devices so as to improperly notify a motorist of an...
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MEMORANDUM OPINION This cause is before the court on the parties’ motion to approve a settlement pursuant to Rules 23(e) and 23.1 of the Federal Rules of Civil Procedure. Two persons (who are associated together in business ventures) have jointly filed objections to the proposed settlement. For the reasons hereinafter stated, the settlement is approved and the objections are overruled. The court ...
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REASONS FOR JUDGMENT Plaintiffs herein, Mercedes G. Manieri and Tyrell T. Manieri, instituted this diversity suit against their automobile insurer, Horace Mann Mutual Insurance Company (Horace Mann) alleging personal injury and damage resulting from the failure of the defendant to compromise certain claims made against Mr. Manieri and his insurer in the Civil District Court for the Parish of Orlea...
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MEMORANDUM OPINION The Metropolitan Detroit Plumbing and Mechanical Contractors Association, Donald *586P. Green, and the John E. Green Plumbing & Heating Company brought this action against the City of Detroit Building Authority (CDBA) and other defendants, claiming that a requirement that only joint ventures comprised of at least one minority and one majority contractor could bid on the heating...
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OPINION Plaintiff, Travelers Indemnity Company (“Travelers”) seeks as subrogee to recover $30,802.93 it paid to an assured for damage to a shipment of steel. Nimpex International Inc. (“Nimpex”) was the seller and shipper of 299 coils of cold rolled steel sheets of which Fabrique De Fer De Maubeuge (“Fabrique De Fer”) of Louvroil, France, was the ultimate purchaser and consignee. The...
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OPINION This is an action by several individual female employees of General Motors Corp. (“GM”) and by the International Union of Electrical Radio and Machine workers, AFL-CIO-CLC, (“IUE”) and its locals which represent the individuals against GM for alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 20Q0e. Plaintiffs claim that the provisions of GM’s employee disability...
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MEMORANDUM INCORPORATING FINDINGS of FACT and ORDER The action wás commenced on-April 7, 1976, in substance to compel the defendants to comply with the Current Good Manufacturing Practice (sanitation) regulations (21 C.F.R. §§ 128(a).l to 128(a).7) by preliminarily and permanently enjoining defendants from processing hot smoked fish unless and until their manufacturing practices are broug...
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Each of the defendants was, it is admitted for present purposes, called as a witness for the Government during the trial of United States v. Chin and Young, 75 CR 851(S). Each declined to answer on the ground that his testimony might be used to incriminate him, and each was then ordered to answer. The order was in each case, professedly made under 18 U.S.C. 6003(a) with the intended effect, under ...
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Plaintiff Norman F. Dacey (“Dacey”) has moved to dismiss the counterclaim of defendant Arnold Bernhard & Co., Inc. (“AB&Co.”) on the ground that it is barred by the statute of limitations. For the reasons set forth below, the motion is granted. The relevant facts are as follows: On or about February 11, 1969, Dacey brought suit under the securities laws against Value Line Special Situation...
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OPINION Asserting claims under the Constitution, federal civil rights statutes, and New York’s Education Law, 1 the plaintiff class 2 alleges that its members were unlawfully denied admission to the Biomedical Program of the Center for Biomedical Education of the City College of New York for the 1974 academic year. The complaint charges, inter alia, that t...
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MEMORANDUM AND ORDER Presently before the Court is the motion of defendant St. Paul Fire and Marine Insurance Company (St. Paul) for summary judgment. This action was commenced by plaintiff Truck Insurance Exchange in an effort to recover by way of indemnity and/or contribution against the defendant St. Paul the amounts it paid on behalf of American Security Van Lines (American Security) in settl...
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MEMORANDUM Defendant Allied Chemical Corporation, a corporation organized and existing under the laws of the State of New York, allegedly owning and operating a manufacturing establishment at Hopewell, Virginia, moves to require the United States to elect or consolidate and dismiss Counts 1 through 456 of the indictment brought against them herein. Counts 1 through 70 allege that Allied on ea...
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MEMORANDUM OF OPINION This cause arises upon defendants’ motions for summary judgment. Plaintiffs are attacking the validity of a deed dated March 6, 1973, from defendant City of Birmingham to defendant Wallace. The deed conveyed real property that was foreclosed at a public improvements sale on' June 24, 1964, following notice by publication pursuant to the Code of Alabama, 1940, Title 37, § 558....
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MEMORANDUM AND ORDER This matter is now before the Court on the petitions of Whitfield Transportation Company, Inc. and Suburban Motor Freight, Inc. for determination of the question of jurisdiction over each of them. Each petition is substantially identical, and the government’s response to each is the same. The Court therefore treats the two petitions together. This is a class action lawsuit in...
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MEMORANDUM AND ORDER This matter is now before the Court on Plaintiffs’ Motion To Compel Answers To Interrogatories Or, In The Alternative, To Show Cause Why These Interrogatories Should Not Be Answered, and the Memorandum Of Certain Absentee Defendants In Opposition To Plaintiff’s Motion To Compel Answers To Interrogatories, and on defendants Smith’s Transfer Corporation and Branch Motor Express...
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OPINION AND ORDER I. BACKGROUND This matter is now before the Court on plaintiffs’ Motion For Partial Summary *530 Judgment with respect to the issue of defendant’s liability for violations of the District of Columbia’s visible emissions limitations. This is a “citizen suit” under § 304 of the Clean Air Act, 42 U.S.C. § 1857h-2, as amended in 1970, requesting the Court to declare the defend...
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MEMORANDUM Once again Roger Lee McQueen is before this Court on his application for federal habeas corpus from imprisonment growing out of a Missouri State Court conviction, wherein he received a life sentence for murder. The facts surrounding this case have been previously set out in detail in the state court review McQueen v. Missouri, 475 S.W.2d 111 (Mo.1971), and this Court’s file number 72 C ...
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MEMORANDUM AND ORDER Petitioners, pro se, have filed motions to vacate, set aside or correct the sentences previously imposed upon them by this Court. Title 28 U.S.C. § 2255. The three cases were consolidated because each raises the identical issue of whether petitioners were denied the effective assistance of counsel. Collins, Peters and Flammia each pled guilty to Count One of Indictment ...
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MEMORANDUM This is a motion pursuant to 28 U.S.C. § 1404(a) to transfer this action charging the defendant with patent infringement to the Northern District of Iowa, Cedar Rapids Division. The alleged infringement is the manufacture and sale of citizens’ band radio antennae which are marketed by defendant’s Turner Division, located at Cedar Rapids. Preliminarily, the plaintiff challenges the defe...
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ORDER ON DEFENDANT WILLIAMS FORD TRACTOR COMPANY’S MOTION TO DISMISS Plaintiff in this action claims damages as a result of alleged defects in certain tractors and attachments which it purchased from defendant Williams Ford Tractor Company, Inc., 1 an authorized dealer and agent of Ford Motor Company, Inc. char *648 tered under the laws of the State of Georgia and ...
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OPINION AND ORDER On June 15, 1976 a petition for a writ of habeas corpus was filed herein, alleging that petitioner, an inmate of the Federal Correctional Institution at Oxford, Wisconsin, in this district, was being threatened by respondent Ralston, as warden of the institution, and by respondents Sigler and Carpenter, as officers of the United States Parole Board, with being paroled “effecti...
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MEMORANDUM AND ORDER This matter comes before the Court upon the plaintiff’s motion to dismiss the defendant’s counterclaim. The complaint alleges nondisclosures and excessive charges in violation of the Truth-in-Lending Act, 15 U.S.C. §§ 1601 et seq. and Federal Reserve Regulation Z, 12 C.F.R. 226, by the defendant, a Nebraska Corporation which extends credit in connection with the sale of its a...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Petitioners contended in substance that a reorganization and a resulting reduction-in-force (RIF) among the Civil Service personnel at the Ballistic Missile Defense Systems Command (BMDSCOM) in Huntsville, Alabama violated Bureau of the Budget, now *1051 and hereinafter known as Office of Management and Budget (OMB) Circular No. A-76, D...
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This case has been remanded 1 to this three-judge district court for determination of whether section 8(g)(1) of the Federal *111 Deposit Insurance Act, 12 U.S.C. § 1818(g)(1) (1970) 2 , is constitutional insofar as it authorizes the Federal Deposit Insurance Corporation (hereinafter, “FDIC”) to issue a Notice and Order of Suspension upon the mere fact of an i...
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MEMORANDUM OPINION This matter arises as a result of defendant’s motion to suppress an in-court identification of defendant Rolando Otero-Her-nandez based upon an out-of-court identification. Unlike the usual manner by which these out-of-court identifications are made: showups, see Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967); lineups, see Kirby v. Illinois, 406 U.S...
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OPINION The matter before the court is defendant’s motion to suppress the evidence on the ground that a warrantless search and seizure violated his Fourth Amendment rights. The government relies on the fact that the search in question constituted an administrative inspection under the Comprehensive Drug Abuse Prevention and Control Act of 1970 and was thus controlled by 21 U.S.C. § 880. T...
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OPINION The parties have filed cross motions for summary judgment. Following the filing of briefs directed to the issues raised in these motions, as well as to the issue of this court’s jurisdiction, arguments were heard and decision was reserved. Due consideration having been given to the arguments advanced by the parties, the court has concluded that the plaintiff’s motion for summary judgmen...
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OPINION Defendants Police Department of the City of New York (“N.Y.C.P.D.”), Officer Peter Maloney and Lt. Anthony Luzzi move to dismiss the complaint pursuant to Rule 12(b)(1), Fed.R.Civ.P., for lack of subject matter jurisdiction and pursuant to Rule 12(b)(6), for failure to state a claim upon which relief can be granted, or in the alternative, for summary judgment pursuant to Rule 56 o...
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OPINION This action was originally commenced by five children between the ages of 11 and 14 who, suing on their own behalf and on behalf of all others similarly situated, charged State and City officials, and the directors and administrators of virtually every Catholic, Protestant, Jewish and nonsectarian child-care facility in the Greater New York Metropolitan Area with violations of plaintiff...
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ORDER OF DISMISSAL This action originally brought in the District Court of Oklahoma County, State of Oklahoma was removed to this Court. Subject matter jurisdiction exists by reason of diversity of citizenship and amount in controversy. 28 U.S.C. § 1332. Defendant has filed a Motion to Dismiss in which it is asserted Plaintiff has failed to state a claim against Defendant upon which relie...
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OPINION Egidio Cerilli, Ralph Buffone and Maylan Yakovich, defendants in the above entitled case, filed a motion for judgment of acquittal. The motion is in proper order by reason of the fact that an appropriate motion was made immediately after the Government had rested its case, and at the close of all evidence in the case prior to the matter being presented to the jury. The case commenced tria...
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*1237 MEMORANDUM OPINION In early July, 1975, Irma Wounded Knee, an enrolled, adult member of the Crow Creek Sioux Tribe (hereinafter Petitioner) was arrested within the confines of the Crow Creek Indian Reservation and charged with the crime of disorderly conduct. She posted bond and was released from the tribal jail. On or about November 14, 1975, she appeared in tribal court and by her c...
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MEMORANDUM OPINION This is a suit for declaratory judgment and injunctive relief arising out of a reduction-in-force (RIF) action, resulting from budget cuts, among civil service personnel at the George C. Marshall Space Flight Center, Huntsville, Alabama (the Marshall Center). Plaintiffs are: (1) Lodge 1858, American Federation of Government Employees, a labor organization recognized by the ...
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MEMORANDUM OPINION AND ORDER The Defendant is charged in a two count indictment with (1) theft of goods moving in interstate commerce, Title 18 U.S.C. § 659, and (2) knowingly making a false material declaration during a grand jury investigation' of the theft described in Count I. The Defendant filed various motions for discovery and a request for a bill of particulars. The Government volunta...
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MEMORANDUM I. These are consolidated suits by which plaintiffs sought to invoke the Freedom of Information Act, 5 U.S.C. § 552(a)(4)(E), and compel public dissemination by defendants of certain documents in their control. After answers were filed and plaintiffs had begun to prepare motions for summary judgment, defendants surrendered the documents in question. The Act, in subsection ...
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MEMORANDUM OF OPINION AND ORDER OF THE COURT This is a petition for writ of habeas corpus brought by a federal prisoner pursuant to 28 U.S.C. § 2241 et seq. Petitioner alleges that he was denied a timely parole revocation hearing in violation of 18 U.S.C. §§ 4205-4207 (1970) and the Due Process Clause of the Fifth Amendment. He seeks *1311a writ of habeas corpus ordering his permanent release fro...
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OPINION Before BROWNING, Circuit Judge, and SMITH and JAMESON, District Judges. ■ This case is about elk and the rights of nonresidents to hunt them.1 The elk, once a plains animal, now lives in the mountains in central and western Montana. The elk is migratory in the sense that it moves from the summer range to the winter range and back, and when this sort of migration occurs near the borders of...
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OPINION Plaintiff Commodity Futures Trading Commission (“CFTC”) commenced this action in this Court on February 26, 1976 by authority conferred in the Commodity Exchange Act, as amended in 1974 (7 U.S.C. § 2 ef seq., § 13a-1) (the “1974 Act”) seeking preliminary and permanent injunctions against the eight named defendants whom the CFTC alleges violated the antifraud provisions ...
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ORDER Plaintiff Joan Trumbower brings this action to recover for the-allegedly wrongful death of Stanford Trumbower, deceased. Plaintiff alleges that on and prior to July 6, 1974, the Defendants jointly sponsored an automobile racing event known as the Ponca City Grand Prix. Plaintiff’s deceased entered this event and was fatally injured in the sixth race when his vehicle collided with a ...
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MEMORANDUM Presently before the Court is the motion of defendant Frederick Wayne Fasick for a *508 new trial. On July 7, 1976, the jury returned a verdict of guilty to all three counts of the indictment charging the defendant in Count I with transporting stolen goods in interstate commerce in violation of 18 U.S.C. § 2314 and the violation of 18 U.S.C. § 2 by aiding and abetting, in Count II ...
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MEMORANDUM ORDER The employer, Molded Materials Company, brought an action against the International Union of Electrical, Radio, and Machine Workers, its Local 502, and their Officers and employees under 29 U.S.C.A. § 185 [1975]. The plaintiff seeks injunctive relief on the grounds that the unions had violated the “no strike” clause of the current collective bargaining agreement by causing and san...
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MEMORANDUM AND ORDER This action is currently before the Court on a motion for summary judgment filed on behalf of the Commissioner. After reviewing the facts of the case and the briefs prepared by both parties, the Court is of the opinion that the motion must be granted. The facts and law applicable thereto are detailed below. Marcia and Samuel Mishelow were the joint owners of a bu...
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MEMORANDUM OPINION ON MOTION TO DISQUALIFY A four count indictment charging the defendant with offenses of income tax evasion was returned into this Court on April 14, 1976. Judge Samuel Conti was drawn under the Assignment Plan of the District as the judge to try the case. 1 Philip Scott Ryan, counsel for the defendant, considered *497 that they had had a bad draw...
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RULING ON PROPOSED STIPULATION OF SETTLEMENT This case is a class action, brought under the federal securities laws on behalf of those shareholders of the Hartford Fire Insurance Company (Hartford Fire) who exchanged their common stock for Cumulative Preferred Stock, $2.25 Convertible Series N of the International Telephone and Telegraph Corporation (ITT) during the spring of 1970. The defendants ...
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OPINION The question presented is whether on the facts of this case plaintiffs are precluded from pursuing a cause of action in the District of Delaware after dismissal of an identical action on the grounds of forum non conveniens has been upheld by a divided panel of the Second Circuit Court of Appeals. Procedural facts, unfortunately somewhat detailed but nonetheless essentia...
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ORDER This matter is before the Court on cross motions for summary judgment filed by defendant December 23, 1975 and by plaintiff on February 18, 1976. This case is brought under 30 U.S.C. §§ 921(a) and 922(a)(1) of Part B, Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, seeking review of the Secretary’s final decision denying plaintiff’s claim for black lung bene...
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ORDER This matter is before the Court on cross motions for summary judgment filed March 31, 1976 by defendant and May 10, 1976 by plaintiff. Defendant resisted plaintiff’s motion May 19, 1976. This case is brought under 30 U.S.C. §§ 921(a) and 922(a)(1) of Part B, Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, seeking review of the Secretary’s final decision denying ...
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MEMORANDUM AND ORDER The question presented by this habeas corpus petition is whether or not petitioner, a doctor, should be released from his naval active duty obligation incurred in exchange for a draft deferment which enabled him to complete his medical school and residency requirements. Dr. West accepted the service obligation under the provisions of the so-called “Berry Plan” in January 1971....
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MEMORANDUM AND ORDER At the close of the evidence in this case, defendant moved to dismiss Count 9 of the indictment. After due deliberation, the Court granted the motion for the reasons which appear below. Because the question presented is a novel one, however, the Court assured the attorneys that a formal decision on the question would be forthcoming. This is that decision. Counts 7 through...
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This is a motion by plaintiff for summary judgment and a cross-motion by defendant District Director for the same relief. Fed. R.Civ.P. 56. Plaintiff Zaoutis is an alien. He entered this country lawfully on November 6, 1963, as a non-immigrant visitor. He worked for a time for the Greek Government as a doorman at the consulate in New York City. On January 10,1965, Zaoutis married Camacho, a United...
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OPINION AND ORDER Gwendolyn Shelton, the plaintiff in this action is the mother of four children. In 1973, Mrs. Shelton executed forms which authorized the New York City Commissioner of Social Services to place her son James, age 3, and Alexander, age 6, in the care of an authorized agency. (The forms used by the City have not been submitted to this Court). The City agency placed the children wit...
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MEMORANDUM The defendant was convicted upon his plea of guilty to two counts of an indictment charging him with conspiracy to violate, and a substantive violation of, the Federal Narcotics Laws, 21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(B) and 846. Thereafter, on July 17, 1975, the Court suspended the imposition of sentence and placed the defendant on probation for a period of three (3) years unde...
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MEMORANDUM: DEFENDANT’S MOTION TO SUPPRESS STATEMENTS GIVEN TO PROBATION OFFICER On October 10, 1975, at approximately 11:00 p. m., the Pennsylvania State Police stopped a Pontiac automobile driven by the defendant on Interstate 79 m the vicinity of Meadville Interchange in Crawford County. The car was stopped for good and sufficient reasons since the police had observed it being driven in an e...
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Said cause having been heard, evidence both oral and documentary having been in *193 troduced, and having been submitted for decision, the Court now makes the following Findings of Fact and Conclusions of Law in relation to the complaint in intervention: FINDINGS OF FACT THE COURT FINDS THAT: 1. The International Union of Operating Engineers, Local Union No. 12, was ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW APPROVING PARTIAL SETTLEMENTS and MEMORANDUM OPINION AND ORDER AWARDING ATTORNEY FEES AND COSTS FINDINGS OF FACT AND CONCLUSIONS OF LAW APPROVING PARTIAL SETTLEMENTS THIS MATTER came before the Court for hearing on June 14, 1976, pursuant to Notice to Plaintiffs, members of the plaintiff class (“the Bottger class”), and all defendants...
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ORDER In this diversity action for breach of contract, plaintiff has moved to strike defendant’s first and second affirmative defenses as insufficient as a matter of law. In July, 1968, Anchor Hocking Corporation (‘Anchor Hocking’), the plaintiff, entered into a requirements contract for electricity with the City of Jacksonville, Florida. On October 1, 1968, pursuant to Florida Laws 1967,...
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*25JUDGMENT This action having come on for a hearing before the Court, Honorable Dick Yin Wong, United States District Judge, presiding, and the issues having been duly heard and a decision having been duly rendered, IT IS ORDERED AND ADJUDGED that judgment is entered requiring ANDREW CHANG, in his capacity as the Director of the Department of Social Services and Housing, State of Hawaii, his agen...
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MEMORANDUM DECISION AND ORDER This action is presently before the court on defendants’ Motion for Summary Judgment. The hearing was held June 14, 1976. The grounds in support of the motion are: plaintiff’s failure to exhaust her Tribal remedies, failure to state a cause of action against the defendant Tribe, immunity of the defendant Tribe and defendant Dann, and failure to allege and pro...
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OPINION This is an individual and class action for injunctive and declaratory relief, as well as for damages, arising under 42 U.S.C. § 1983. Plaintiffs challenge the constitutionality of a New Orleans city towing ordinance. On December 30, 1975 H. C. Remm, the individual plaintiff and class representative, discovered that his car was missing from the place where he had parked it. Re...
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MEMORANDUM OPINION Defendant was convicted on two counts of an indictment charging him with sales of a controlled substance in violation of Section 841(a), 21 U.S.C.1 On May 4, 1973, he was sentenced to consecutive terms of twelve years imprisonment on each count. *608The conviction was affirmed on November 9, 1973 in United States v. Atkins, 487 F.2d 287 (8 Cir. 1973). On May 8, 1975, defendant f...
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Plaintiff was arrested in Portland, Oregon, on August 13, 1972, while consummating a sale of drugs to an informant. 1 Two witnesses to the arrest thought they saw plaintiff swallow something. 2 Narcotics agents suspected that plaintiff had attempted to dispose of incriminating drugs. During his subsequent confinement in the city jail and in Rocky Butte Jail, plaintiff was ...
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OPINION The plaintiffs, Janice Schoeppner and the International Brotherhood of Electrical Workers, Local Unions No. 1635, 1636, and 1637, filed a complaint in this court against the defendant, the General Telephone Company of Pennsylvania, under Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e et seq. [1975], alleging that the defendant discriminated against Schoeppner and t...
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OPINION Plaintiff, a manufacturer of storm windows in Indiana, Pennsylvania, agreed with a contractor to furnish storm windows to be installed at Eielson Air Force Base, Fairbanks, Alaska. Plaintiff made arrangement with the defendant, Merchant Shippers, a freight forwarder, for shipment of said windows. The function of a freight forwarder is to arrange for the shipment of goods by variou...
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ORDER This cause is before the court on the plaintiff’s “Motion for Additional Findings and for a Preliminary Injunction,” filed on May 26, 1976, (File Doc. No. 17) and the defendants’ “Response to Court’s Order of April 22, 1976” filed on May 28, 1976 (File Doc. No. 18). The events giving rise to the commencement of this action are summarized in an order dated April 22, 1976 (File Doc. No. 16). I...
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ORDER ON MOTION TO STRIKE On July 30, 1974, Ronnie R. Moore, an employee of Penrod Drilling Company (Pen-rod), allegedly was injured by Roland Rig-don, an employee of Hunt Tool Company. Under the Workmen’s Compensation Laws of the State of Alabama, Hartford Accident and Indemnity Company (Hartford) became obligated to pay Moore compensation awards and medical expenses. Hartford has paid t...
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MEMORANDUM OPINION In this proceeding plaintiff seeks a preliminary injunction embracing a wide range of relief. The Court concludes that partial relief is warranted and a preliminary injunction is granted to that extent. The background events and the reasons why such relief is granted are set forth in this Memorandum Opinion. The Nature of the Litigation This proceeding is concerned with...
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OPINION This case concerns the validity and enforceability of certain patents relating to the manufacture of so-called “soft contact lenses” (“soft lenses”). 1 The patents at issue are owned by the Defendant Czechoslovak Academy of Sciences, which has exclusively sublicensed them to the Defendant National Patent Development Corp., which in turn sublicensed them to its subsidiar...
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MEMORANDUM DECISION This is a civil rights action based on 42 U.S.C. § 1983, other Code provisions, 1 and the Fourth, Fifth and Fourteenth Amendments to the Constitution with jurisdiction invoked under 28 U.S.C. § 1331 and § 1343. Plaintiff, appearing pro se, 2 seeks monetary damages for injuries received when he was shot by defendant Peter D. Reiner, a police office...
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MEMORANDUM DECISION In this private antitrust action, the plaintiff Big Bear Cartage, Inc., charges that the defendants have combined and conspired to restrain interstate trade and commerce in the pickup and delivery of air freight to airline terminals in violation of 15 U.S.C. § 1 (1970). Jurisdiction exists under 28 U.S.C. §§ 1331, 1337. The defendants have answered and moved for summar...
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The petitioner herein commenced this action petitioning this Court to confirm a foreign arbitration award. The respondent has now moved to dismiss this petition. As the respondent’s primary ground is an alleged lack of jurisdiction in this Court, this motion will be treated as one under F.R. C.P. 12(b)(6), treating the petitioner’s allegations as true for purposes of the motion. • BACKGROUND ...
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ORDER This is an action to enforce sixty-one subpoenas issued by the Federal Energy Administration (FEA) to Empire Gas Corporation (Empire) and sixty of its subsidiaries in order to complete an audit pursuant to FEA’s regulatory scheme. Empire, a retail marketer of propane operating approximately 300 subsidiaries located in several states, is subject to FEA’s Mandatory Petroleum Allocation and ...
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ORDER DENYING PLAINTIFF LEAVE TO PROCEED IN FORMA PAUPER-IS AND ORDER DISMISSING CAUSE WITHOUT PREJUDICE On July 2, 1976, plaintiff submitted his pro se pleading which was obviously intended to serve as a complaint in an action for damages under the federal Civil Rights Statutes. As plaintiff did not accompany his pleading with the $15.00 filing fee required by 28 U.S.C. § 1914 and Local Rule 4 of...
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OPINION AND ORDER This motion represents the third effort by the plaintiff, Clairdale Enterprises, Inc., to enjoin shareholders’ meetings of C. I. Realty Investors (“C.I.R.I.”), a real estate investment trust (“REIT”). In an earlier action filed in February, 1975, 75 Civ. 772, plaintiff sought to enjoin a Special Shareholders’ Meeting on the ground that the proxy material was false and misleading...
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The plaintiff in this action, who was married in Alabama in 1946 and divorced in Arkansas in 1971, challenges the garnishment of his Army retirement pay ordered by a Georgia court in February of this year. The basis for the Georgia summons of garnishment served on the United States Attorney in Georgia is 42 U.S.C. § 659, which reads: Notwithstanding any other provision of law, effective January...
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MEMORANDUM OPINION These causes of action originated as a series of cases filed, with one exception, over ten years ago. By order of this court dated January 30, 1976, thirteen related cases were subsumed into these five causes of action, which had been certified as class actions in 1969. Herbst v. Able, 47 F.R.D. 11 (S.D.N.Y.1969). Three separate classes were certified in that 1969 opinion: Clas...
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MEMORANDUM AND ORDER Presently before the Court are the cross-motions of the plaintiff and defendant for summary judgment. Plaintiff, Kirk Smith, brought this action alleging that the defendant, Alfred E. Webb, is liable to him in damages under 42 U.S.C. § 1983 1 for the deprivation of his constitutional right to a hearing prior to his expulsion from public school. For the reas...
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MEMORANDUM Plaintiff brings this action under § 717 of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-16, for alleged racial discrimination in employment matters at the McGuire Veterans Administration Hospital, a federally operated institution. Jurisdiction over the controversy is vested in this Court under 42 U.S.C. § 2000e-5 and 28 U.S.C. § 1343. The plaintiff, an adult black r...
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ORDER This matter is before the court for decision upon the stipulation of the parties, the administrative record and oral arguments held on July 30, 1976. The facts giving rise to this action are as follows: On March 19, 1976 the City of Sioux City, Iowa (Grantee) was awarded a grant by the Environmental Protection Agency, Region VII, under Title II of the Federal Water Pollution Co...
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OPINION On April 12, 1975, the defendant Judd Stewart Pollock was arrested in a Boston hotel room for allegedly attempting to sell one pound of cocaine to an undercover agent assigned to the Boston office of the Drug Enforcement Administration (DEA). A few weeks later, he was charged by a federal grand jury sitting in Boston with one count of knowingly and intentionally possessing with intent t...
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MEMORANDUM OF DECISION The action sub judice came on for hearing this day on plaintiffs motion for summary judgment pursuant to Rule 56 Fed.R.Civ.P. In support of his motion, plaintiff submits his own affidavit and that of his brother Emmett A. Wilson. It appears from the affidavits that on April 15, 1975, plaintiff made his brother a loan of $50,000, on the security of certain accounts receivable...
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OPINION Herman Max Ruth has submitted a civil complaint along with an application to proceed in forma pauperis, 28 U.S.C. § 1915. The court is satisfied of his financial inabili*677ty to pay filing fees,1 and a separate order to that end has been entered. The caption names the “Congress of the United States, et al.” as defendants; the body indicates that the defendants are the “Congress and Senat...
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MEMORANDUM Plaintiff M. R. Damiani Corporation (“Damiani”) has moved by order to show cause for an order, pursuant to Rule 65(a) of the Federal Rules of Civil Procedure, staying plaintiff’s disqualification from the Federal Food Stamp Program and enjoining the implementation of that disqualification by the defendant United States Department of Agriculture. The defendant has cross-moved fo...
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Defendants Michael Codd, Police Commissioner of the City of New York, Abraham D. Beame, Mayor of the City of New York, Harrison J. Goldin, Comptroller of the City of New York, and the Board of Trustees of the Police Pension Fund of the City of New York, move to dismiss the complaint pursuant to Rule 12, Fed.R.Civ.P. on grounds that the court lacks subject matter jurisdiction and that the action is...
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MEMORANDUM Before CELEBREZZE, Circuit Judge, LAMBROS and KRUPANSKY, District Judges. Plaintiff Keen Transport, Inc. (Keen), seeks to enjoin enforcement of Order No. MC-111320 of the Interstate Commerce Commission (ICC or Commission) denying plaintiff’s gateway elimination application. Keen operates as a common motor carrier, transporting specific commodities in interstate commerce be...
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*1226 OPINION This matter comes before the court on plaintiffs motion to transfer the case from this court to the United States District Court for the Northern District of Texas. Plaintiff is a resident of Pennsylvania, and defendant is a Texas corporation with its principal place of business in San Angelo, Texas. This action was commenced June 27, 1975, the defendant h...
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OPINION Pursuant to Section 301 of the Labor-Management Relations Act of 1947, as amended, 29 U.S.C. § 185, United States Steel (USS) seeks to preliminarily enjoin a work stoppage at its Robena Mine Complex 1 which is located in Greene County, Pennsylvania. The employees engaged in the work stoppage are members of defendant unions United Mine Workers of America (UMW), District ...
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DECISION and ORDER There are three motions now before the court. Two of the motions are applications for summary judgment, but such motions need not be resolved here because the court is persuaded that the third motion, the in-tervenor’s application for dismissal, should be granted. The latter motion was brought by the state, and it is based on an alleged absence of jurisdiction over the subjec...
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MEMORANDUM OPINION ON DAMAGES After the first opinion which found liability in this ease was filed, 419 F.Supp. 147, a trial was held to determine the amount of damages. I have delayed making the damage determination awaiting guidance from the United States Court of Appeals for the Tenth Circuit on two questions which have troubled me in these and in other cases. I anticipated receiving t...
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Plaintiff, Mrs. Cherry S. Tucker, a Florida citizen, filed her complaint against the City of Macon, former Macon police officer Charles Carey Stokes and former Macon Mayor Ronnie Thompson alleging that she is entitled to money damages for the wrongful death of her deceased husband John V. Tucker caused by his being assaulted, struck and beaten in the city jail by officer Stokes while under arrest ...
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There remain three final issues in this case: I. APPLICABILITY OF SECTION 1981 The plaintiff, who is black, contends that 42 U.S.C. Section 1981, which guarantees the right of any person to make and enforce contracts on the same basis as white persons, requires the NOAC to admit him to membership and thus to contract with him. This issue was left open pending the Supreme Court’s decis...
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OPINION The plaintiffs in these two actions are candidates for the offices of President, United States Senator, and Congressman. They seek positions on the Massachusetts ballot in the general election which will be held on November 2, 1976. Having failed to submit the requisite number of certified signatures on their nomination papers by July 6, 1976, the deadline provided under Massachus...
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MEMORANDUM ORDER Plaintiffs have commenced the above-entitled action challenging the enforceability and constitutionality of the Minnesota Private Pension Benefits Protection Act, Minn. Stat. § 181B.01 et seq. (1974) (hereinafter the Pension Act). The relevant facts are set forth in Fleck et a 1. v. Spannaus et al., 412 F.Supp. 366 (D.Minn.1976), where the court, sitt...
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MEMORANDUM Before the court for decision are three related motions brought by International Business Machines Corporation, defendant in this antitrust action, to obtain discovery from plaintiff United States relating to its trial witnesses. The first or “document” motion results from plaintiff’s failure to comply with a comprehensive Request for documents concerning those witnesses1 served by IBM...
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OPINION AND ORDER This is an action for recovery of $2,892.11 plus interest and costs which plaintiff Forest Clum the executor of the estate of his deceased sister Bessie M. Minst alleges were erroneously assessed and collected by the I.R.S. as penalties. The Court has jurisdiction under 28 U.S.C. § 1346(a)(1). Mrs. Minst died September 12,1971. Mr. Clum contacted decedent’s attorney Meryl B....
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ORDER Plaintiff brought this action alleging that Defendant has engaged in racial discrimination in employment in violation of Title VII of the 1964 Civil Rights Act. Jurisdiction of this Court is invoked pursuant to § 706(f) of Title VII, as amended, and 42 U.S.C. § 2000e et seq. Plaintiff requests an Order restraining the Defendant from all discriminatory practices and requiring Defendant to ins...
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*441MEMORANDUM ORDER The plaintiff brought suit against the Defendants for selling interests in natural gas ventures in violation of the Securities Act of 1933, the Securities Exchange Act of 1934, and the common law of misrepresentation. Charles M. Griffith has served as President of Mid-East Oil Company (hereinafter “Mid-East”) at all times relevant to the above matter. Russell has alleged that...
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OPINION This case comes before the court on Defendants’ Motion for Judgment on the Pleadings pursuant to Rule 12(c) of the Federal. Rules of Civil Procedure, which states: “After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to...
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*530 OPINION I. Preliminary Statement This case raises an important question of construction of the Uniform Contribution Among Joint Tortfeasors Act (“Act”), 1 apparently one of first impression. Succinctly stated, the question is whether an alleged joint tortfeasor who is the first to settle with the plaintiff and takes in return a joint tortfeasors release 2 is entitled to contribut...
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MEMORANDUM OPINION AND ORDER The defendant complained in eight particulars of the jury’s award of $35,000 compensatory damages against him herein. Only one such ground requires comment. There was evidence from which the jury might have found directly or by reasonable inference that, while in the defendant’s *980lawful custody, on September 20, 1972, the plaintiff sustained two breaks in one bone o...
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MEMORANDUM OPINION AND ORDER This is a diversity action, 28 U.S.C. §§ 1332(a)(1), (c), for money damages for the false arrest and malicious prosecution of the plaintiff by the defendant’s agent, and for his depriving her of her right to due process of law and the equal protection of the law, Constitution, Fourteenth Amendment. 42 U.S.C. § 1983. The defendant moved for a dismissal, ostensibly on th...
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MEMORANDUM AND ORDER I. BACKGROUND Pending before this Court are plaintiff’s Motion to Remand this action to state court and defendant’s Motion to Dismiss or alter *164 natively to assert an additional statutory basis for removal. For reasons set out hereafter, plaintiff’s Motion to Remand is granted, and defendant’s motions are denied. On June 30, 1969, in Wi...
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DECISION AND ORDER This action, in which the plaintiff seeks statutory damages for the defendants’ alleged violation of the Wisconsin Uniform Securities Law (Chapter 551, Laws of 1971), was originally commenced on or after December 9, 1974. in the Circuit Court of Milwaukee County, Wisconsin. On January 8, 1975, the action was removed to this court pursuant to 28 U.S.C. § 1441, it appearing tha...
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DECISION and ORDER Both defendants have moved to dismiss this action and, in the event such motion is not granted, the defendant, Judge Harvey, *31 has moved for a protective order limiting the area of inquiry at a future deposition hearing. The action is brought pursuant to 42 U.S.C. § 1983. In a comprehensive complaint consisting of 47 numbered paragraphs, the plaintiff alleges that he wa...
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MEMORANDUM OPINION AND ORDER At issue is defendant’s renewed motion to dismiss plaintiff’s claims arising under 42 *465 U.S.C. §§ 1981 and 1985 because of the asserted bar of applicable state statutes of limitations. The federal claims were in addition to alleged violations by defendants of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq. Related matters leading up to the presen...
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MEMORANDUM AND ORDER This is a criminal prosecution brought under 29 U.S.C. § 501(e) (1970) of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 401 et seq., attacking the propriety of a union official’s actions in paying the legal fees and fines incurred by certain union members who were charged with various state and federal crimes incident to a spree of ...
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MEMORANDUM AND ORDER Pending before this Court is a motion filed by Third-Party Defendants to dismiss the third-party complaint of Defendants for failure to state a claim. Also pending is Plaintiff’s motion for reconsideration of an order entered by the Court on April 28, 1976, denying Plaintiff’s motion to amend its complaint so as to join Third-Party Defendants as primary defendants. The Court,...
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This is an employment discrimination action in five counts under Title VII of the Civil Rights Act of 1964, Section 2000e, et seq., Title 42, United States Code; Section 301 of the Labor Management Relations Act, Section 185, Title 29, United States Code; and the Civil Rights Act of 1866, Section 1981, Title 42, United States Code. Defendant Campbell-Taggart, Inc. (hereinafter “Campbell-Taggart...
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MEMORANDUM AND ORDER This matter comes before the Court on defendant’s motion to dismiss Counts I and III of the complaint for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6), and Counts V and VI for lack of jurisdiction of the subject matter, Fed.R.Civ.P. 12(b)(1). Jurisdiction is based on diversity of citizenship, 28 U.S.C. § 1332(a) and the Sherman...
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MEMORANDUM AND ORDER This is an action challenging the constitutionality on due process grounds of New York’s post-judgment garnishment statute (C.P.L.R. § 5222) which authorizes an attorney for a judgment creditor to issue and serve, as an officer of the court, a restraining notice upon a third person holding property of the judgment debtor. Plaintiff, a welfare recipient, is a judgment debtor b...
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In this application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, petitioner alleges that his confinement at the Eastern Correctional Facility upon conviction of first degree robbery is in violation of the due process clause of the Fourteenth Amendment under the holding of Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975). Petitioner was convicted of two count...
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OPINION AND ORDER Two questions are presented in this civil rights suit for a declaratory judgment: FIRST: Does the failure to notify a prison inmate of his statutory right to contest extradition to another state which seeks his removal for trial, violate the due process clause of the fourteenth amendment? SECOND: Does the denial to persons extradited under the Interstate Agreem...
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OPINION AND ORDER Presently before the Court are two motions: (1) the Motion of defendant, Pillar Corporation, (Pillar), to Dismiss, or in the Alternative to Transfer this action to the United States District Court for the Eastern District of Wisconsin; and (2) the Motion of plaintiff, Inductotherm Corporation, (Inductotherm), to Transfer this action to the United States District Court fo...
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MEMORANDUM Plaintiff contends that he was terminated from his job as a custodian at McDonnell Douglas Corporation because he is a Negro. *29 The termination took place on August 18, 1969. On September 9th of the same year he filed a complaint with the Equal Employment Opportunity Commission (EEOC) and there followed a long period of delayed investigation which brought about no conciliatory su...
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ORDER This cause came before the Court for hearing on the motion of the defendants for summary judgment as to both counts of the second amended complaint. Count I of that complaint as it now stands alleges a slander of plaintiff by defendants by virtue of a statement made to the Southern Building Code Congress on or about May 3, 1974 to the effect that the State of Maryland had not approv...
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MEMORANDUM OPINION This cause comes on for ruling on the motions of the various defendants to dismiss the complaint and the motion of the Peoria defendants for a transfer of the cause to the Southern District of Illinois as it relates to them. It is not entirely clear to the court whether the complaint is based upon' one theory or two. Therefore, this opinion will address both of the theories whic...
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MEMORANDUM AND ORDER This habeas corpus proceeding was assigned to Judge Neaher of this court, who on July 29, 1976 denied petitioner’s request for a temporary restraining order. Judge Neaher did, however, permit the motion for a preliminary injunction to be accelerated so that the matter came before the undersigned, sitting as the Miscellaneous Part Judge, for argument on August 2, 1976. Upon ...
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OPINION AND ORDER Plaintiff in this action, Amelia Zamora De Mateos, is the Administratrix of the estate of her son, Theodore Reyes, a Panamanian seaman; he died on February 24, 1970; this litigation followed. Suit has been brought under the admiralty law as modified by the Jones Act, 46 U.S.C. §§ 688 et seq., and the Death on the High Seas *412 Act, 46 U.S.C. §§ 7...
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MEMORANDUM OPINION AND ORDER This matter is before the court on the parties’ cross motions for summary judgment. Lengthy briefs and numerous exhibits were filed by each side prior to oral argument. The court having considered the arguments, stipulated facts and exhibits, and the parties having stipulated that there is no genuine issue of material fact, the matter is ripe for disposition. I This ca...
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CONSENT DECREE Plaintiffs by counsel and defendants Martin Behnke, W. Atterson Spann and Stanley Oeszewski, Lake County Commissioners, Joseph Kotso, member of the Lake County Board of Voter Registration, Robert Gurnham, Director of the Lake County Plan Commission, Nick Krochta, Lake County Court Clerk, Jose Arredondo, Lake County Auditor, Peter Stecy, Lake County Health Commissioner, George Vlahos...
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This matter came on for trial on a former date on the issue of liability vel non before the Court sitting without a jury. Suit was brought by Compañía de Navigacion Porto Ronco, S.A.' as owner of the S/S Locarno against the S/S American Oriole, in rem ; her owner, American Foreign Steamship Corporation, in personam ; and co-defendant Todd Shipyard Corporation, in personam for damages re...
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MEMORANDUM AND ORDER By Notice of Motion filed May 7, 1976, defendant moved to dismiss the indictment against him on the grounds that the statutes (21 U.S.C. §§ 811(a) and 812) upon which the indictment is based are unconstitutional in that they represent an improper delegation of legislative power to the Executive Branch of the Federal Government and in that they are violative of due process f...
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This is an appeal from an order of Bankruptcy Judge Babitt allowing the $100,000 claim of Jerome Zelin as an expense of administration of the debtor in possession in a Chapter XI proceeding. The effect of this order is to give this claim priority under 11 U.S.C. § 104(a)(1), and to permit payment of the claim in full. The debtor in possession concedes the amount of the claim, but contends that it ...
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OPINION The parties to this stockholder’s derivative action against certain officers and directors of Simplicity Pattern Co., Inc. (hereafter “Simplicity”) have submitted a proposed settlement to the Court for approval pursuant to Rule 23.1, Fed.R.Civ.P. Hearings on the settlement, at which only its proponents were represented in person, were held on April 28, 1976, July 1, 1976, and...
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MEMORANDUM AND ORDER With jurisdiction in this court based upon diversity of citizenship, Banco Ganadero y Agrícola, S. A., Agua Prieta, Sonora, Mexico (hereafter Banco G) sues Society National Bank of Cleveland (SNB) for $73,200, the face amount of an SNB cashier’s check, plus interest. Plaintiff alleges in paragraph 4 of its complaint, and defendant admits in its answer: On September 27, 1974 d...
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MEMORANDUM OPINION This is an action in which the plaintiff, the operator of a chain of super markets, seeks to enjoin the defendant, the operator of a competing chain of super markets, from engaging in an advertising campaign commonly known as the “Price Patrol Report,” a form of price comparison advertising. The plaintiff contends that the advertising was false and erroneous in various ...
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Memorandum and Order: The plaintiff, Theodore J. Michalak, brings this action pursuant to § 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g) (1970), for review of a final decision of the Secretary of Health, Education and Welfare. The pertinent facts are as follows: The plaintiff filed an application for a period of disability and disability benefits on Janu...
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MEMORANDUM OPINION AND ORDER The Court has held previously that Allied Towing Corporation [hereinafter referred to as “Allied”] is not entitled to exoneration from or limitation of liability as to the claims arising from the explosion in or on one of its barges during repairs to the barge being made by Allied’s employees. Complaint of Allied Towing Corporation, 409 F.Supp. 180 ...
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This is an unemployment discrimination suit brought pursuant to 28 U.S.C. § 1331, 42 U.S.C. § 1981, 42 U.S.C. § 2000e-5(f)(3), and a suit for damages for alleged breach of employment contract under Article 1934 of the Louisiana Civil Code. The case is brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., by plaintiff, Andra A. Capaei, a former employee of defendant, K...
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ORDER ON MOTION TO DISMISS AND STRIKE After consideration of defendants’ motion to dismiss and strike, it is the opinion of this court that defendants’ motion to dismiss is due to be granted. Plaintiff, a former black employee of defendants, brings this suit for the alleged violation and denial of his right to full and equal benefit of the laws of the United States and a denial of th...
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FINDINGS OF FACT — CONCLUSIONS OF LAW This cause having been reinstated on the active docket of this Court pursuant to the Mandate of the Fifth Circuit Court of Appeals, and discovery having gone forward in the full sense of the word, and this matter set for trial, and trial having been had, this Court is now called upon to determine the existence, vel non, of racially discriminatory acts...
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MEMORANDUM ON REMAND AND ORDER On March 22, 1972, the United States terminated the taxable period January 1, 1972, through March 22,1972, of Warren A. Cooper, and made a termination assessment of income tax against him. On April 4, 1972, the United States terminated the taxable period January 1, 1972, through April 4, 1972, and made another termination assessment of income tax against him. The bas...
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MEMORANDUM This is an action brought on behalf of the Executive Branch of the United States seeking to restrain the American Telephone & Telegraph Company (hereinafter AT & T) from disclosing to the Subcommittee on Oversight and Investigations of the House Committee on Interstate and Foreign Commerce, pursuant to a subpoena of that Subcommittee, certain documents, the delivery of which th...
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MEMORANDUM OPINION In this diversity case, plaintiff seeks to rescind the purchase from defendants of a limited partnership interest in Madison Shipping Development for failure to comply with the Illinois Securities Law of 1953, Ill.Rev.Stat. ch. 121V2 § 137.1 et seq. Before the court are defendants’ motions to dismiss for lack of in personam jurisdiction. 1 Because the motions...
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MEMORANDUM OPINION This litigation involves the construction of exclusionary language contained in a policy of insurance issued by defendant (hereinafter referred to as Continental) to the plaintiff, Bigelow-Liptak Corporation (here *1278 inafter referred to as Bigelow). This was a bench trial in which the issues were submitted to the court primarily on the basis of seven dep...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on defendant’s Motion to Suppress Evidence filed pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure. The defendant has been charged in a two-count Indictment with possession with intent to distribute cocaine, a Schedule II Narcotic Drug Controlled Substance and with unlawful importation of cocaine in violation of 21 U.S...
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MEMORANDUM OF DECISION Barbara Jean Brown seeks relief from action of the Board of Education of the School District of Omaha in terminating her contract as a teacher at Monroe Junior High School in Omaha. Trial was held on July 26 and 27, 1976, and this memorandum will contain the findings of fact and conclusions of law resting upon the presentations made at that trial. Jurisdiction of the co...
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MEMORANDUM OF DECISION This is an action under section 205(g) of the Social Security Act (the Act), 42 U.S.C. § 405(g), to review the decision of the Secretary of Health, Education and Welfare (the Secretary) denying plaintiff disability insurance benefits under sections 216(i) and 223 of the Act, 42 U.S.C. §§ 416(i), 423. Defendant has moved for judgment on the pleadings. 1 ...
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OPINION This is an action for review of a final decision of the Secretary of Health, Education and Welfare denying plaintiff’s application for disability benefits. Plaintiff and defendant cross-move for judgment on the pleadings, under Rule 12(c), Fed.R.Civ.P. Judicial review is limited under the Public Health and Welfare Act to a determination of whether the Secretary’s administrative decisi...
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OPINION Plaintiffs move for certification as a class action, pursuant to Rule 23, Fed.R.Civ.P. Defendant National Broadcasting Co., Inc. (NBC) opposes the motion and cross-moves for an order striking the class allegations from the complaint. In addition, the Equal Employment Opportunity Commission (EEOC) applies for permissive intervention under Rule 24, Fed.R.Civ.P. We grant the motions of plaint...
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MEMORANDUM AND ORDER Defendants have moved for summary judgment in this action brought under § 10(b) of the Securities Exchange Act of 1934 and S.E.C. Rule 10b—5 by a small private investor against a corporation and its directors. Defendants’ earlier motion to *673dismiss the complaint for legal insufficiency was denied by Judge Costantino on October 14, 1975. Defendants now seek summary judgment...
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MEMORANDUM AND ORDER Defendant, Marine Midland Bank — New York (the “Bank”) moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff,, John R. Freeman (“Freeman”) cross moves to join the Aetna Casualty & Surety Company (“Aetna”) as a party defendant and for partial summary judgment dismissing defendant’s counterclaim pursuant to Rules 19 and 56 of ...
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The United States Attorney for the Eastern District of New York has moved pursuant to Rule 17(e) of the Federal Rules of Criminal Procedure for pre-trial production by Aeroflot Soviet Airlines of “all books, records, and documents relating to Aeroflot Soviet Airlines Paris-Washington Flight SU-317 on October 25, 1974 and November 1, 1974, including but not limited to the documents set forth on Sch...
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MEMORANDUM AND ORDER The Plaintiff, Pauline Howard, is a deputy sheriff of Ward County, North Dakota, who contends that the County, acting through its Board of Commissioners, has discriminated against her because of her sex, in violation of Title VII of the Civil Rights Act of 1964 (hereinafter Title VII), as amended, 42 U.S.C. § 2000e et seq., and the Equal Pay Act of 1963, 29 U.S.C. § 2...
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MEMORANDUM AND ORDER This action was brought by the National Association of Government Employees, the City of Philadelphia, and numerous individuals, to enjoin the closing of the Frankford Arsenal because the Department of the Army had not complied with the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq. (“NEPA”). The defendants have filed a motion to dismiss the actio...
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MEMORANDUM OPINION This case is before the Court on two motions: plaintiff Bachman’s motion for class certification, and a motion filed by Doris L. Hollingsworth to intervene in this action. For the reasons set forth below, this Court grants the motion for class certification, with certain modifications, and denies the motion for intervention. I. THE CLASS ACTION CERTIFICATION MOTION A. Backgroun...
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MEMORANDUM OPINION AND ORDER Plaintiffs bring this class action pursuant to 42 U.S.C. §§ 1981 and 1982, 42 U.S.C. § 3612, and the Thirteenth Amendment of the United States Constitution. Defendants are charged with discriminating against the named plaintiffs and “all Negro citizens in the Bay County, Florida area” on account of their race, in the rental of residential housing. The case is ...
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ORDER In 1970, Congress created, “as an independent establishment of the executive branch of the Government of the United States, the United States Postal Service.” 39 U.S.C. § 201; 39 U.S.C. § 101 et seq. Among the powers and responsibilities which Congress bestowed upon its new creation was the power “to sue and be sued in its official name . . . 39 U.S.C. § 401(1). This laws...
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MEMORANDUM DECISION Respondent’s motion for summary judgment in this habeas corpus action, 28 U.S.C. *971 § 2254, presents the issue of whether the petitioner has deliberately by-passed state remedies, thus foreclosing federal collateral attack of his state criminal conviction. In November 1971, petitioner Johnny Mack Brown was convicted of rape and burglary. The evidence of guilt is summar...
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MEMORANDUM DECISION This is an action for de novo review of a decision of the Trademark Trial and Appeal Board holding in an opposition proceeding, inter alia, that there was no likelihood of confusion between the plaintiff’s registered trademark and the mark the defendant wishes to register. Standard Pressed Steel Co. v. Midwest Chrome Process Co., 183 U....
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MEMORANDUM OF DECISION AND ORDER This cause is now before the court on plaintiff’s motion for summary judgment filed November 10, 1975 seeking judgment on its complaint, and on defendant’s motion for summary judgment filed May 27, 1976 seeking judgment on its counterclaim. Because judgment on plaintiff’s claim would necessarily be a judgment against defendant on its counterclaim, and vice...
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The sole issue in this Freedom of Information case is whether an.employee who has a case pending before the Civil Service Commission and who has been furnished her entire file as well as all other material she requested is also entitled under the Act *43 to an appendix to a report made concerning the office where she was employed. 1 The court has reviewed the appendix in camera. It is a sin...
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MEMORANDUM AND ORDER This is another of the TBA eases (tires, batteries and accessories). At its inception, this suit was filed by the Cities Service Oil Company against Francis B. Burch, the Attorney General of the State of Maryland, Brooks-Huff Tire Co., and Stidham Tire Co., to enjoin the enforcement of the Maryland Antitrust Act, Annotated Code of Maryland, Art. 83, § 36 ...
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MEMORANDUM AND ORDER This action is a challenge to a series of elections held on the White Earth Indian Reservation of the Minnesota Chippewa Tribe for the office of Secretary-Treasurer of the Reservation Business Committee. The action originally involved a second election challenge and a claim of misuse of tribal funds. The second election controversy has become moot since plaintiff Wadena was...
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OPINION On May 24, 1976, a motion was made by defendant Mirmelli to suppress evidence obtained in the above-entitled case pursuant to Rules 41(f) and 12(b) of the Federal Rules of Criminal Procedure. A hearing on the motion took place on March 24 and continued to March 25, 1976, prior to the commencement of trial. At the conclusion of the hearing the motion was denied based on the following fin...
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OPINION Dunham-Bush, Inc. (“Dunham-Bush”), a manufacturer and seller of low pressure steam heating equipment under the registered trademark “Vari-Vae,” commenced this action upon claims of breach of contract, unfair competition, tortious interference with business relationships and patent infringement, alleging that the defendants conspired to manufacture and sell a copy of Dunham-Bush’s “Vari-Va...
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OPINION Plaintiff has filed a motion to mold a judgment in its favor by adding $168,270, representing pre-judgment interest from May 1, 1967, to March 15, 1976, to the jury verdict of $316,000 against the defendant in a diversity action for breach of contract. This motion is being considered by leave of the U.S. Court of Appeals for the Third Circuit where defendant’s appeal from the jury...
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MEMORANDUM AND ORDER Presently before the Court is a motion to quash a grand jury subpoena duces tecum served upon Home Unity Savings and Loan Association (“Home Unity”). The subpoena requests the production by a Home Unity employee of 11 categories of banking and financial records for any accounts of two married depositors (“depositors”) for a period of several years. By agreement with the Gov...
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MEMORANDUM OPINION This case, which arises under Chapter XIII of the Bankruptcy Act, 11 U.S.C. § 1001 et seq., is before this court on petition for review of an order of the bankruptcy judge classifying appellant Ford Motor Credit Company (Ford Credit) as a partially secured creditor and continuing in force an injunction prohibiting Ford Credit from proceeding directly against the collateral. The ...
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MEMORANDUM This is an action under Title VI, section 601 of the Civil Rights Act of 1964, 78 Stat. 241, 252, 42 U.S.C. § 2000d, alleging that defendants have discriminated against plaintiff on the basis of race in the allocation of financial aid to students at the Georgetown University Law Center. Plaintiff also bases this action on Sections 9.1 and 17.1 of the District of Columbia Human ...
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MEMORANDUM AND ORDER Petitioner seeks by habeas corpus in this Court to prevent his imminent retrial for serious criminal offenses in the Superior Court of the District of Columbia. His claim is that a retrial is prohibited by the Fifth Amendment to the Constitution which provides that no person shall be “twice in jeopardy of life or limb” for the same offense. Petitioner has fully exhausted hi...
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MEMORANDUM OPINION RANDOLPH DORSEY filed this petition for a writ of habeas corpus on January 9, 1974 raising the claims inter alia that he had been denied the right to confront evidence against him and the right to due process of law by the state’s failure to advise him about a contempt hearing involving the chief prosecuting witness at his criminal trial. This court granted the Respondent’s moti...
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MEMORANDUM This matter is before the Court on request of the petitioner to issue a temporary restraining order to retain the status quo pending a decision by the National Labor Relations Board. The facts as presented by the evidence show that J. C. Penney & Company, at 1218 South Vandeventer, St. Louis, Missouri, had a contract with Am-Del-Co. This contract was in effect up to and including Janua...
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MEMORANDUM AND ORDER I. This case presents the question of whether the Uniform Relocation Assistance and Real Property Acquisition Policies Act [URA], 42 U.S.C. § 4601 et seq., covers displacement of persons resulting from the acquisition of property by a private developer under a program or project sponsored by the Department of Housing and Urban Development [HUD]. In their com...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER DIRECTING ENTRY OF JUDGMENT Findings of Fact 1. We expressly adopt and incorporate by this reference all the facts stipulated by the parties in the Stipulation of Uncontroverted Facts, which was filed as Joint Exhibit A to Standard Pretrial Order No. 2. 1 2. We also adopt and incorporate by this reference the parties’ St...
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MEMORANDUM Defendants seek an order of this Court pursuant to Rule 56 of the Federal Rules of Civil Procedure granting summary judgment in their favor dismissing the complaint in this action. For the reasons set forth below, the motion is granted. Plaintiff, pro se, Eleanor Kramer alleges that she was the subject of unlawful discrimination when her employment was terminated on June 28,1970, in tha...
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ORDER Pursuant to Rule 32(d), Federal Rules of Criminal Procedure the defendant, Herman Tracy Clark, has filed a Motion to Withdraw his plea of Nolo Contendere. In support thereof he alleges that: “a) was coerced by counsel thru: misinformation as to length of sentence; erroneous advice as to the basis & necessity of the plea; and, by the threat of death penalty facing him in State C...
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MEMORANDUM AND ORDER On February 26, 1976, after a four-day trial, defendant, William Daniel Hooker, *477 was found guilty by a jury of two counts of bank robbery in violation of 18 U.S.C. §§ 2, 2113(a) and 18 U.S.C. §§ 2, 2113(d). Defendant’s motion for judgment of acquittal, 1 or for a new trial, is now before the Court. In his brief and at oral argument, defendant asserted the followin...
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MEMORANDUM OPINION AND ORDER The question before the Court pertains to jurisdiction in light of the commencement and continuation of bankruptcy proceedings involving the defendant, Hurley’s Grain Elevator Co., and numerous Hurley-related enterprises in the Bankruptcy Court in the Eastern District of Arkansas. A prior challenge by some of the defendants to this Court’s jurisdiction ov...
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This is a removed, 28 U.S.C. § 1441(a), diversity, 28 U.S.C. § 1332(a)(1), (c), action for the recovery of benefits under an employee-disability plan and its companion trust fund established by the corporate defendant. The plaintiff moved for leave to join as indispensible and necessary parties defendant herein six individuals who are allegedly trustees of such disability plan. Rule 19(a), Federal...
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OPINION and JUDGMENT Petitioner seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He is presently being detained as a result of convictions of possession of heroin and possession of marijuana rendered on October 17, 1974 in the Circuit Court of the City of Lynch-burg. Petitioner was sentenced to ten years in the Virginia State Penitentiary on the heroin charge, and twelve months in jail ...
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DECISION and ORDER The defendant is charged in an eight-count indictment with violations of 18 U.S.C. 922(a)(6) and 922(h). Counts I through IV charge that the defendant knowingly made false written statements concerning his past criminal record in connection with his purchase of each of four firearms, and that these statements were likely to deceive the seller about the lawfulness of the defen...
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ORDER Petitioner, John Wesley Riadon, has filed a petition for Writ of Habeas Corpus challenging the United States Board of Parole’s delay in holding a parole revocation hearing. Based on the pleadings and the hearing that was held on June 3, 1976 in the United States Penitentiary at Marion,, Illinois, the Court makes the following findings of fact and conclusions of law. FINDINGS OF FACT The foll...
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MEMORANDUM OPINION This action is presently before the Court to consider the plaintiff’s motion to remand it to the Bell Circuit Court. Jurisdiction is predicated upon 28 U.S.C. § 1332, diversity of citizenship. Originally instituted in the Bell Circuit Court in Kentucky, this is a suit for products liability brought by the plaintiff as administratrix of the estate of her husband aga...
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MEMORANDUM AND ORDER Defendant Frank Stanley Harper was indicted for receiving and possessing firearms which had been transported in commerce after having been convicted of a felony. Darnell Elizabeth Harper, his wife, is charged with aiding and abetting Mr. Harper in the commission of these crimes. The weapons in question, a 12-gauge shotgun and one Marlin 30-30 caliber rifle, were seized du...
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MEMORANDUM AND ORDER Plaintiffs have, on behalf of themselves and all others similarly situated, brought this lawsuit seeking a declaration that certain actions and policies of the State Department of Public Welfare, the Ramsey County Welfare Department, and certain state and county officials, violate the Social Security Act, the Minnesota Privacy Act, Minn.Stat. § 15.162 et seq. ...
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423 F.Supp. 615 (1976) Doris MOSBY, Plaintiff, v. WEBSTER COLLEGE, Defendant. No. 75-79C(2). United States District Court, E. D. Missouri, E. D. July 27, 1976. David A. Lang, St. Louis, Mo., for plaintiff. Wayne L. Millsap, Clayton, Mo., for defendant. MEMORANDUM REGAN, District Judge. Alleging that Webster College discriminated against her on the basis of her race by its decision not to renew h...
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FINAL JUDGMENT GRANTING PETITION FOR A WRIT OF HABEAS CORPUS TO COMPEL RESPONDENTS TO GRANT PETITIONER A TIMELY PAROLE REVOCATION HEARING This is a petition for a writ of habeas corpus under Section 2241, Title 28, United States Code, by a state inmate currently in custody in the Cummins Unit of the Arkansas Department of Corrections. Petitioner seeks an adjudication that he is being deni...
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OPINION ON MOTION FOR JUDGMENT OF ACQUITTAL On January 25,1974 the Sadie and Edgar, an auxiliary-powered Newfoundland sailing schooner approximately 62 feet in length, set sail from Connecticut on a voyage to Florida. On board were Cyril E. LaBrecque, the Captain of the Sadie and Edgar, Jessie LaBrecque, the Captain’s wife, Valentine Bach, First Mate, and three young...
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On November 7, 1974, a federal grand jury returned two one-count indictments charging Robert Barnes with violations of 21 U.S.C. § 841(a)(1), in that he distributed controlled substances. Indictment CR-74-293 charged defendant Barnes alone, and indictment CR-74-294 also named Marilyn Folmar as codefendant. The defendants have moved for the suppression of evidence pertaining to the identificatio...
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MEMORANDUM Plaintiffs seek an order of this Court granting costs including reasonable attorneys’ fees pursuant to 42 U.S.C. § 2000e— 5(k) 1 in an amount to be hereinafter determined. For the reasons set forth below, the motion is granted. *66 This employment discrimination action was commenced by the filing of a complaint on May 8,1972, under 42 U.S.C. §§ 1981 and 1983 and the Fifth and F...
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MEMORANDUM AND ORDER Plaintiffs, court appointed liquidators of the British-American Bank Ltd., a Bahamian bank (the “Bank”), brought this action under § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated thereunder, and Bahamian statutory and common law, against defendants, founding shareholders who had *658held 50% of the Bank’s outstanding stock. The c...
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ORDER This is a proceeding for Writ of Habeas Corpus by a State prisoner confined in the Oklahoma State Penitentiary, McAlester, Oklahoma, by virtue of the judgment and sentence of the District Court of Oklahoma County, State of Oklahoma, in case No. CRF-73-2695. He contends herein that said judgment and sentence is invalid on the following grounds: 1. “The identifying witnesses in-court identific...
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ORDER The court has examined the Petition for Writ of Habeas Corpus together with the Motion for leave to proceed in forma pauperis and required affidavit presented to the clerk of this court by the above-named petitioner, a federal prisoner at the Federal Reformatory, El Reno, Oklahoma, in the Western Judicial District of Oklahoma. It appears therefrom that the petitioner does not challenge the v...
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MEMORANDUM On March 18,1976, plaintiff, a Pennsylvania corporation, filed a complaint in as-sumpsit against defendant, Monte Fusco Excavating Contracting Company, Inc. (Monte Fusco), a New Jersey corporation, which does not have its principal place of business in the Commonwealth of Pennsylvania. The other defendant, United States Fidelity and Guaranty Company (USF&G), is a Maryland corporation w...
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OPINION AND ORDER Plaintiffs, a prescription drug store (“WPC”) and one of its employees, Paul Champagne, bring this action seeking declaratory and injunctive relief to enjoin the operation of Rhode Island’s Sunday closing laws, as recently amended, R.I.G.L. §§ 5-23-1 through 5-23-6, 11-40-1, 25-1-6, as violative of rights guaranteed to them by the Equal Protection and Due Process Clauses...
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This civil action was brought pursuant to the provisions of the Labor-Management *965 Reporting and Disclosure Act of 1959, commonly referred to as the Landrum-Griffin Act, 29 U.S.C. §§ 411 and 412, which was passed to protect the individual rights of members of labor organizations. The complaint alleges that plaintiff Layne was expelled from the defendant Union after many years of...
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MEMORANDUM OPINION AND ORDER This action attacks a 1974 Memorandum of Understanding between the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compli *368 anee, now called the Office of Federal Contract Compliance Programs (OFCCP), of the Department of Labor. Both of these agencies are responsible for enforcing the national policy of equal e...
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MEMORANDUM This libel action arises from an article written by defendant Peter Gruenstein, copyrighted and distributed by defendant Capitol Hill News Service (CHNS), and published by defendant Evening Star Newspaper Company (Star) in the Washington Star. The article appeared in all four editions of the Star printed on October 31, 1975. Plaintiff Martin Marietta Corporation filed a complaint...
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*1164 OPINION AND ORDER This is a Title VII racial discrimination suit filed by a black male who was, at the time in question, employed as an accountant by the Navy Department at the U.S. Naval Observatory. Both sides have filed motions for judgment on the administrative record. I. The plaintiff Clifton E. McMullen alleges that he has been discriminated against in two ways: (1) because ...
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ORDER In 1971, Hi-Co Enterprises, Inc., with its place of business in Metter, Georgia, and James R. Jones, who resides in Reidsville, Georgia, borrowed money from ConAgra-Georgia, Inc. to purchase pullets for the production of commercial eggs. In connection with its loan, Hi-Co signed a “Security Agreement” which provided in paragraph 6 that: It is understood between the parties that Producer, in...
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ORDER This is an action brought by low-income residents of a federally-subsidized housing project, known as Rockdale Apartments, seeking to enjoin implementation of a May 6, 1976, decision by the United States Department of Housing and Urban Development [hereinafter “HUD”] to demolish the 335-unit complex. Plaintiffs are familiar litigants in this court, although their posture has changed...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on a motion for summary judgment by defendant Regional Manpower Administrator of the United States Department of Labor (the “R.M.A.”). In this action plaintiffs seek judicial review of an adverse action taken by the R.M.A. with respect to their employment certification applications. Jurisdiction is invoked under 28 U.S.C. § 2201 for a de...
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MEMORANDUM AND ORDER Plaintiff, a professor of biology at the University of New Orleans, brought suit against the University and its Board of Supervisors, based upon Title 42, United States Code, Sections 1983 and 1985(3). On March 11, 1976, the Court issued a judgment granting Defendants’ motions to dismiss and for summary judgment. The motions were granted for the following reasons: ...
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Claiborne T. Baye was a Major on full time, active duty in the Louisiana Army National Guard. In addition to his regular military duties, Baye was employed by the National Guard in a separate civilian capacity as a flight instructor. Under the provisions of the National Guard Technicians Act of 1968,1 the lowest rank eligible to qualify for such civilian employment was Warrant Officer. In November...
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MEMORANDUM AND ORDER The defendant, Orva E. Robinson, a/k/a Lucky, has been indicted by the Grand Jury for violations of 18 U.S.C. §§ 1621 and 1623, to wit, perjury and knowingly making a false declaration under oath before a court of the United States, following charges of receipt and possession of stolen property with the intent to convert it to his own use and with aiding and abetting ...
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OPINION Plaintiffs Unique Ideas, Inc. and Ernest Tucker a/k/a Ernie Tucker seek to review the administrative decision of the judicial officer of the United States Postal Service (hereinafter “judicial officer”) determining plaintiffs to be in violation of 39 U.S.C. § 3005, 1 and to enjoin enforcement of a stop-mail order issued pursuant to that section. The stop-mail order denies mail privile...
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MEMORANDUM AND ORDER Petitioner, presently serving a term of life imprisonment at the Attica Correctional Facility for the murder of the Black Muslim leader Malcolm X, seeks his release on a *1152 writ of habeas corpus pursuant to 28 U.S.C. § 2254. This application is based on the following claims: (1) the exclusion of spectators and members of the press from the courtroom during the brief ...
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ORDER SUSTAINING DEFENDANTS’ MOTION TO DISMISS This case is before the Court on the Motion of Defendants, Public Service Company of Oklahoma, R. O. Newman, Charles Simmons and Prentiss Carter, to Dismiss the Complaint for Failure to State a Claim upon which Relief can be Granted. The thrust of defendants’ Motion is that the Public Service Company of Oklahoma is not sufficiently connected with the...
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OPINION This is an employment discrimination action brought under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.A. § 2000e et seq., by the plaintiff, Linda Cobb, a black female and a former employee of defendant, Avon Products, Inc. The complaint alleges that plaintiff and the class are suffering from Avon’s pattern and practice of discrimination on the basis of race and sex wit...
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MEMORANDUM OPINION INTRODUCTION Regina Big Eagle and Willard Big Eagle, both adult enrolled members of the Crow Creek Sioux Tribe, filed habeas corpus petitions in this Court pursuant to 25 U.S.C. § 1303 (1970). Both persons had been arrested on or about December 26, 1973, on the Crow Creek Reservation; both had been charged with “disorderly conduct,” defined in Section 19 of the Penal Code o...
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OPINION and JUDGMENT David Wayne Turner, an inmate at Rust-burg Correctional Unit # 9, has filed this pro se complaint in this court’s Lynchburg Division. He seeks injunctive relief pursuant to 42 U.S.C. § 1983. Jurisdiction over this case is conferred upon this court by 28 U.S.C. § 1343. The respondent in this action, the Superintendent of Field Unit # 9, has filed a motion for summary judgment a...
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MEMORANDUM Plaintiffs, members of the Virginia Air National Guard, bring this action challenging certain Air Force grooming regulations. Having previously disposed of several issues, the Court must now determine whether the regulations involve impermissible sexual discrimination as contended by plaintiffs. Memoranda by all parties have been submitted in support of their respective positions and...
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MEMORANDUM OF DECISION The present action is for treble damages of more than five hundred million dollars, sought pursuant to section 4 of the Clayton Act (15 U.S.C. § 15) and arising out of the acquisition (in August 1957) and retention (until January 1969) by defendant Procter & Gamble (Procter) of the Clorox Chemical Company, the alleged effect of which has been “substantially to lesse...
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DECISION This case brings for judicial resolution a controversy over low cost federal hydroelectric power emanating from the Bureau of Reclamation’s California Central Valley Project (CVP). The principal parties are the California City of Santa Clara on one side and the U. S. Department of the Interi- or and its Bureau of Reclamation on the other. Pacific Gas & Electric, a private utility...
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MEMORANDUM OPINION AND ORDER The issues presented are whether this action is subject to removal to federal court by virtue of Title 28, United States Code Section 1441(c); further, whether this case should be remanded to the State Court where the action was originally filed, i. e. the District Court in and For County of Fremont and State of Colorado. We hold that objection...
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*935 FINDINGS OF FACT AND CONCLUSIONS OF LAW The central action of these consolidated proceedings is an enforcement proceeding by the United States seeking declaratory and injunctive relief under the National Traffic and Motor Vehicle Safety Act of 1966 (“Safety Act”), as amended, 15 U.S.C. § 1381 et seq. Civil penalties are also sought. On December 19, 1974, the ...
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ORDER Pursuant to due notice this case came on before the Court for a pre-trial conference. Arguments on several motions recently filed by defense counsel were to be the first item for consideration, but Government counsel announced that he would like to make an oral request for a ruling by the Court on certain material and important matters. It appearing to this Court that a present, prompt di...
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OPINION AND ORDER Findings and Conclusions I This is an action brought by Valley Construction Company, pursuant to 5 U.S.C. § 701 et seq. and 10 U.S.C. §§ 2301-2314, to enjoin the proposed award of a contract by defendant to R and D Constructors, Inc. for the construction of an Aircraft Corrosion Control Facility at Robins Air Force Base in Georgia. The successful bidder has intervened in the a...
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MEMORANDUM AND ORDER This case, arising out of a time period known as the Watergate era, presents the issue of whether the indictment against the defendants should be dismissed based upon an agreement between defendants and the Watergate Special Prosecutor Force (WSPF), a representative of the United States government. Count I of the three count indictment charges Minnesota Mining and Manufac...
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OPINION This is a diversity suit involving a claim for the recovery by the plaintiff, a subcontractor, of moneys due from the defendant, a builder, under five separate subcontracts entered into between the parties pertaining to construction of two forty-four story office buildings, a subterranean garage and an entertainment center in Los Angeles, California, called the California Theme Towers Pro...
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OPINION Defendants, who include the past and present owners of the California Theme Towers construction project and their parent corporations (hereafter “the owners”), move for a stay of this diversity action pending determination of a series of suits previously commenced in California Superi- or Court which include all the issues presented and parties herein. In the alternative, they seek transf...
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ORDER This action was brought on an alleged breach of contract. The action was tried to a jury and on July 25, 1976 the jury rendered its verdict in favor of Plaintiff in the amount of $28,968.87. Judgment in that amount has been entered by this Court in favor of Plaintiff. Plaintiff now has filed a Motion To Amend Judgment To Provide For PreJudgment Interest and Post Judgment Interest pursua...
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MEMORANDUM OF DECISION This is an action for copyright infringement involving a catalogue of automobile distributors and a sequential numbering system identifying them. The plaintiff, Carolyn Lopez, is the sole owner of Van *1134 Alen Automotive Catalogs, which has been publishing a catalogue using this code numbering system since 1948. The defendant is a firm involved in rebuilding automobil...
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423 F. Supp. 611 (1976) Elvert STREET, Jr. v. WARDEN, MARYLAND PENITENTIARY. Civ. No. Y-76-349. United States District Court, D. Maryland. July 22, 1976. *612 Elvert Street, Jr., pro se. Arrie W. Davis, Asst. Atty. Gen., Baltimore, Md., for defendant. MEMORANDUM AND ORDER JOSEPH H. YOUNG, District Judge. Petitioner, Elvert Street, Jr. is incarcerated in the Maryland Penitentiary. On February 27,...
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427 F. Supp. 434 (1976) UNITED STATES of America, Plaintiff, v. 40.00 ACRES OF LAND, MORE OR LESS, situate IN HENRY COUNTY, State of MISSOURI, and Kenneth E. White, et al., Defendants. No. 20413-1. United States District Court, W. D. Missouri, W. D. July 22, 1976. *435 *436 Bert C. Hurn, U. S. Atty., David M. Proctor, Jr., Asst. U. S. Atty., Kansas City, Mo., for plaintiff. Alex Bartlett, Jeffers...
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OPINION This is a suit for injunctive and declaratory relief to restrain defendants from undertaking any activities in connection with the contracting, sale, or disposition of water for industrial purposes from the Yellowtail and Boysen Reservoirs located in Montana and Wyoming. The amended complaint presents eight claims for relief. FIRST CLAIM FOR RELIEF Plaintiffs argue ...
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MEMORANDUM AND ORDER In this diversity action to recover damages for a shipboard accident, defendant moves, pursuant to Rules 12(b)(6) and 56 of the F.R.C.P., for an order dismissing the complaint on the ground that it was not filed within one year from the occurrence of the alleged accident and is therefore time barred under the provisions of 46 U.S.C. § 183b and the passage contract. Gi...
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Defendant Amrep Corporation moves pursuant to Rule 14, Fed.R.Crim.P. to sever defendant Solomon Friend, its general counsel based on a conflict between Friend’s defense and the attorney-client privilege and the work product privilege of Amrep under the Fifth and Sixth Amendments. This motion raises a difficult problem. Since 1970,. Friend has been the general counsel to the corporation. As such...
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*344 OPINION Defendant has pled guilty to two major federal offenses: (1) participation in a narcotics conspiracy carrying a maximum penalty of 15 years in prison and a $25,000 fine, and (2) income tax evasion, carrying a maximum penalty of one year in prison and a $10,000 fine. The plea thus exposed defendant to a theoretically possible maximum sentence of 16 years in prison and $35,00...
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The controversy has been in this court since February 1966 (66 A 147, 66 M 117). It commenced with Saxis’s application to compel arbitration of a claim for unpaid charter hire and came to involve the cross claim of Multifacs for damages for Saxis’s alleged breach of its charter duties. The controversies were arbitrated and Saxis prevailed but the arbitrators found that it had materially breached i...
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OPINION AND ORDER This case raises an issue left open by the First Circuit Court of Appeals in Figueroa Ruiz v. Delgado, 359 F.2d 718 (1966). Petitioner Ada Luz Iglesias Delgado has prayed for a writ of habeas corpus alleging that she was accused, tried and sentenced in the District Court of Puerto Rico for violating Section 137 of the Penal Code of Puerto Rico. She claims that in said Co...
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MEMORANDUM Respondents have moved the Court to dismiss libelant’s claim on the ground that the claim arises out of a water skiing accident and as such is not subject to the admiralty jurisdiction of the Court. The Court was of the opinion, until reading carefully the recent cases on this subject, that water skiing accidents were subject to the admiralty jurisdiction of the Court. As a matter ...
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MEMORANDUM OPINION AND ORDER This cause comes on upon the motion of defendant Charles Jackson, husband of the late Vivian Jackson, to dismiss the complaint filed by plaintiff, administrator of the estate of said Vivian Jackson, deceased, in a wrongful death action wherein it is alleged in the complaint, inter alia, that because of defendant Charles Jackson’s wrongful acts and omissions in the oper...
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MEMORANDUM OPINION This litigation involves alleged violations of certain margin requirements by the Defendants in the sale of securities owned by the Plaintiffs. The Defendants have moved to dismiss the lawsuit on the basis that the claims presented by the Plaintiffs are not valid. For the following reasons, that motion must be denied. For a number of years prior to the instigation ...
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MEMORANDUM AND ORDER The Equal Employment Opportunity Commission (EEOC) initiated this action against James R. Otto, d/b/a The International House of Pancakes, pursuant to Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.), seeking relief from defendant’s allegedly discriminatory employment practices. Defendant Otto presently seeks an order compelling the EEOC to answer defendan...
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*45 MEMORANDUM AND ORDER This case came before me on cross appeals from orders of the Bankruptcy Judge. The debtors appeal from an order vacating a temporary restraining order and refusing to grant a preliminary injunction enjoining the Licensing Board of the City of Boston, the Police Commissioner of the City of Boston and the Massachusetts Alcoholic Beverages Control Commission from enforci...
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OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiff in this action alleges that his employment with defendant was terminated because of his age. Although there are several theories stated in the complaint which plaintiff believes entitle him to relief, the sole theory which would give this Court jurisdiction is the claim that plaintiff’s termination was a violatio...
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MEMORANDUM OPINION Howard L. Overby, an inmate at the State Prison of Southern Michigan, brought this action under 42 U.S.C. § 1983 against Francis W. Bartholic, medical director at the prison during the period 1969-72, and Leo Baker, medical director during 1972-74 (among other defendants). The complaint alleges that Bartholic and Baker deprived plaintiff of his right to adequate medical...
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The plaintiff, a member of the New Jersey bar, is currently under a temporary suspension by order of the New Jersey Supreme Court dated March 12, 1976. The suspension resulted from his failure to respond to a subpoena issued by the Union County Ethics Committee on June 4, 1975. Claiming, among other things, federal constitutional infirmities underlying this suspension, plaintiff seeks the immedia...
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MEMORANDUM AND ORDER Plaintiff, Admiral Leather Corporation (“Admiral”), as payee of a check moves for summary judgment against Connecticut Bank and Trust Company (“CB&T”), the drawee and acceptor of the check. Jurisdiction is premised upon diversity of citizenship, 28 U.S.C. § 1332. Most facts are undisputed. Manchester Modes, Incorporated (“Manchester”), a defendant in an action co...
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MEMORANDUM AND ORDER This memorandum explains our dismissal without a hearing of the defendant Emanuel Brown’s second motion under Fed.R. Crim.P. 33 for a new trial on the grounds of newly discovered evidence. As was the first, this motion is based on a purported recantation by the defendant’s younger brother, Calvin Brown, a key witness against him at the jury trial for bank robbery at w...
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MEMORANDUM ORDER Plaintiff in the above diversity action has sued defendant Magnavox Company under both Wrongful Death and Survival Act causes of action for the deaths of her husband and child in a fire allegedly caused by a defective or negligently designed and manufactured television set. Magnavox has filed a third-party complaint against the Mechlings, which alleged that these third-party defen...
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OPINION AND ORDER This is a Title VII sex discrimination action brought by a former member of the Brown University faculty against Brown University and several of its officers and agents. Jurisdiction is based on 28 U.S.C. §§ 1331(a) and 1343. The case is presently before the court on plaintiff’s motion for class certification. A. The Plaintiff’s Claim In May, 1974, the plaintiff Louise Lam-phere...
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OPINION and JUDGMENT This is an action brought under the Employee Retirement Income Security Act (hereinafter called “the Act”), 29 U.S.C. § 1001 et seq., by a former alleged employee of the defendant Tom’s Foods, Ltd. to recover benefits under that company’s pension benefit plan. The plaintiff alleges that he worked for the defendant Tom’s Foods, Ltd. from March of 1949 until June 1, 1974. T...
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OPINION This litigation is another chapter in the ongoing saga of judicial interpretation of the 1972 Amendments (the Amendments) to the Longshoremen’s and Harbor Workers’ Compensation Act (the Act). 33 U.S.C. § 901 et seq. The issue before the Court is whether, subsequent to the Amendments, a stevedore-employer may be liable for indemnity to third-party claimants under either ...
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OPINION AND ORDER Plaintiffs, a class of borrowers, 1 allege that the defendants, Beneficial Finance Company of Berkeley and Beneficial Corporation, 2 have violated the Truth in Lending Act (the Act). 15 U.S.C. § 1601 et seq. and Reg. Z, 12 C.F.R. § 226.1 et seq. Specifically, the plaintiffs claim that the defendants have improperly failed to (1) adequately disclose the security interes...
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MEMORANDUM This action challenges the validity of an arbitration decision. Petitioner, Overseas Private Investment Corporation (OPIC), insures business investments in foreign countries. Respondents, Anaconda Copper Company and Chile Copper Company (collectively Anaconda), conducted substantial operations in Chile and contracted with OPIC for protection of their assets. When the Allende go...
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MEMORANDUM AND ORDER Plaintiffs are presently before the Court on motions to certify this case as a class action and for a preliminary injunction, or in the alternative for partial summary judgment. Defendants oppose both motions of the plaintiffs and have responded to them both by written oppositions and upon oral hearing in open court. PLAINTIFFS’ CLAIMS Plaintiffs are eighteen public sch...
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FINDINGS OF FACT INTRODUCTION 1. This is an action for declaratory and injunctive relief brought by 13 states against the Secretary of the United States Department of Health, Education and Welfare (HEW) and the Administrator of HEW’s Social and Rehabilitation Service (SRS). It challenges certain portions of a memorandum issued by the then Administrator of SRA, John D. Twiname, on December 20,...
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MEMORANDUM AND ORDER This matter is before the Court on defendants’ motions to dismiss plaintiff’s com *910 plaint for failure to state a claim upon which relief can be granted. After reviewing the record and the relevant authorities, it is my conclusion that motions to dismiss should be granted as to all defendants. Plaintiff is a resident of Watertown, Massachusetts, who in April, 1971, f...
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OPINION ON MOTIONS FOR SUMMARY JUDGMENT This is an antitrust case alleging a conspiracy to monopolize the business of renting automobiles in the Iron Mountain, Michigan area. Plaintiff is located at the Ford Airport in Iron Mountain and is engaged primarily in the sales, service and repair of aircraft. Defendants are major rent-a-car corporations and their local licensees. According ...
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MEMORANDUM AND ORDER On July 9, 1976, defendants moved for an order pursuant to F.R.C.P. 55(c) vacating the grant of summary judgment to plaintiff on default. Although we accept as valid counsel’s excuses for delay in responding to plaintiff’s motion for summary judgment and the various directives of the court, we find that defendants’ proffered defenses are without merit. For that reason, the ...
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OPINION AND ORDER This appeal from an order of the Bankruptcy Judge granting a preliminary injunction presents important issues concerning the jurisdiction of both the Bankruptcy Court and the Securities and Exchange Commission (“SEC,” “the Commission”). The SEC has intervened as amicus curiae in support of appellant’s position and the United States Trust Company of New York, as successor...
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MEMORANDUM AND ORDER Plaintiff, a legal permanent resident of the United States, brought this action to further the efforts of his natural father, Martin Grullon, to obtain an immigrant visa. Martin’s application was denied on February 20,1974 by defendant Wythe, acting as Vice-Consul of the United States at Santo Domingo, Dominican Republic. The stated reason for denial was: “Your son, who is ...
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OPINION This is a copyright infringement and invasion of privacy suit by Robert and Michael Meeropol against Louis Nizer (“Nizer”), author of the book The Implosion Conspiracy, Doubleday & Company, Inc. (“Doubleday”), the book’s hardcover publisher, and Fawcett Publications, Inc. (“Fawcett”), the paperback publisher. The complaint alleges that The Implosion Conspiracy, ...
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*103 MEMORANDUM INCORPORATING FINDINGS OF FACT AND ORDER Plaintiff, a midshipman member of the 1976 graduating class at the United States Merchant Marine Academy at Kings Point, was charged with the Class I offense of the possession of dangerous drugs in that inspection of his room and personal effects resulted in the discovery of a quantity of marihuana packaged in plastic bags. USM-MA Midsh...
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MEMORANDUM AND ORDER This cause came to be heard upon the motion of the defendant Secretary of Health, Education and Welfare to dismiss the complaint for want of subject matter *31 jurisdiction and for failure to state a claim upon which relief can be granted. Rules 12(b)(1) & 12(b)(6), Fed.R.Civ.P. In the alternative, the defendant moves for summary judgment, Rule 56, Fed.R....
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MEMORANDUM OPINION In this diversity case Moss Travis sues Del State Bank, David Sprague and Wilma Sprague for a judgment declaring his rights in 810 shares of Del State Bank stock to be superior to any rights of any of the Defendants therein. The case turned on an undecided question of Oklahoma law. The Court therefore certified the controlling question of law to the Supreme Court of the State of...
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OPINION FINDINGS This is a suit brought under § 301(a) of the Labor Management Relations Act, 29 U.S.C. 185(a). Plaintiffs are labor organizations representing employees of defendant employed in its mines. Defendant is a mining company which employs about 700 members of plaintiff Unions and about 100 supervisory personnel who are not members of the Union. The parties are bound by collective barga...
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OPINION This is a civil action by four helicopter pilots under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. to recover unpaid overtime compensation and an amount equal to such unpaid compensation as liquidated damages together with reasonable counsel fees. The plaintiffs, Glenn Martin, Neal K. Varner, Michael M. Kelly, and Paul J. Buksar, all former employees of defendant,...
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MEMORANDUM James E. Reynolds and his wife, Mrs. James E. Reynolds, seek damages against Bobby J. Lewis and Lewis’ employer, Greyhound Lines, Inc., for personal injuries sustained in a motor vehicle accident in which a tractor-trailer truck driven by Mr. Reynolds and a Greyhound Lines bus operated by Mr. Lewis were involved. The accident occurred on June 15, 1975 on 1-75 in Campbell County, Tenness...
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MEMORANDUM OPINION, ORDER AND CERTIFICATE The plaintiff (-petitioner) lodged pro se with the clerk of this Court on July 6, 1976 a complaint or petition. He was advised by the clerk of the necessity of providing an affidavit as required in 28 U.S.C. § 1915(a) to proceed in forma pauperis herein. On July 14,1976, the plaintiff-petitioner filed a second and similar complaint or petition, together ...
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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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OPINION Again these disputants of long standing are before the Court in what, one dares to hope, is the last battle in their decade-long period of hostility. In Inter-Island Transport Line, Inc. v. Government of the Virgin Islands, Civil No. 463/1970 (D.V.I., Division of St. Thomas & St. John), which involved issues cognate to those encountered in the instant action, I made extensive findings1 as ...
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MEMORANDUM OPINION In this action, plaintiff Government of the Virgin Islands (hereafter the Government), seeks to have this Court declare invalid an Agreement of Lease, dated May 27, 1969 *290(hereafter, the Lease) between Virgin Islands Port Authority (hereafter, the Authority), and defendant Bay Corporation, the demised premises being that known as the “Gramboko School” and more particularly de...
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OPINION AND ORDER This action concerns the validity of two determinations by the Federal Energy Administration (hereafter “FEA”) that certain Atlantic Richfield Company (hereafter “ARCO”) Commission Distributors and Commission Tank Truck Distributors are “wholesale purchaser-resellers” within the meaning of 10 C.F.R. 211.51. Plaintiff ARCO seeks a preliminary injunction that would set asi...
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MEMORANDUM Plaintiffs filed this action to compel the Secretary of Health, Education and Welfare (Secretary) to promulgate certain regulations implementing § 504 of the Rehabilitation Act of 1973 (Act), 29 U.S.C. § 794, as amended. 1 Defendants have contended that the statute imposes no explicit duty to issue regulations, in contrast to other civil rights and similar statutes which directly c...
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This is one of the last gasps of three-judge district court review over orders of the Interstate Commerce Commission (ICC or Commission).1 It presents a consolidated suit to set aside the ICC report and order in Docket No. 34661 (Sub-No. 26), et al., Segregation of Freight, New England and Middle Atlantic States, 340 I.C.C. 306, decided November 24, 1971 (1971 Order). By that report and order, the...
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MEMORANDUM This matter is now before the Court on cross motions for summary judgment. For the reasons discussed, below, both motions are granted in part and denied in part. Plaintiffs in this case include a public interest group concerned with reform of the tax laws in the United States. In August of 1973, shortly after the testimony of John W. Dean, III before the Senate Select Committee...
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OPINION Plaintiff, Bell Telephone Laboratories, Inc. (“BTL”), seeks relief under 35 U.S.C. § 291 1 against defendants Hughes Aircraft Co. (“Hughes”) and General Instruments Corp. (“G.I.”). BTL alleges that an interference exists between its United States Letters Patent Number 3,475,234 (the Kerwin patent), and United States Letters Patent Numbers 3,544,399 (the Dill patent) and...
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MEMORANDUM AND ORDER The complaint in this case contains six counts. The first two state a cause of action against defendant Allen under 42 U.S.C. § 1983. Plaintiff claims in Counts I and II that defendant Allen, while State’s Attorney for Baltimore City, improperly and maliciously procured his indictment, thus infringing his liberty interests guaranteed by the Fourteenth Amendment. In Counts III ...
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MEMORANDUM This matter came before the Court on the plaintiff’s motion under Rule 23, F.R.Civ.P., for entry of an order certifying this case as a class action. The subject matter of the claim by plaintiff is that the defendant Shawmut Credit Union (Shawmut) allegedly violated disclosure provisions of the Massachusetts and the Federal Truth in Lending Acts, (hereinafter TILA), M.G.L.A...
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MEMORANDUM OPINION AND ORDER This is an action for breach of contract by the lessor of a parking garage against the lessee. The lessee stopped paying rent, repudiated the lease, and surrendered the keys to the lessor. It contends, however, that certain acts of the lessor released it from liability. In this case, the court established a schedule for the development of facts and stipulation, an...
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OPINION Defendant Westinghouse Electric Corporation (“Westinghouse”) has moved, pursuant to Rule 56, F.R.Civ.P., for summary judgment dismissing plaintiffs’ claims in their entirety and awarding Westinghouse judgment on Count I of its counterclaim. In the alternative, Westinghouse has moved for partial summary judgment dismissing plaintiffs’ claims for consequential damages. Plaintiffs ha...
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MEMORANDUM AND ORDER This is a condemnation proceeding, jurisdiction of the Court being invoked under 16 U.S.C. § 831x, and is not in dispute. The above entitled cases have been joined for trial and are presently before the Court upon a motion to intervene in CIV-1-76-14, filed by Robert S. Stewart and Doris Stewart, supported by affidavit, a motion to consolidate in CIV — 1-75-276, supported by ...
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OPINION and JUDGMENT Robert W. Chapman has filed this pro se complaint pursuant to 42 U.S.C. § 1983 seeking injunctive and monetary relief for various unconstitutional actions that allegedly occurred at Rustburg Correctional Unit # 9, where Chapman is incarcerated. Among the various claims, Chapman presents are the following: 1) He has not been permitted to pursue the job status which he soug...
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ORDER Upon consideration of the Defendant’s Motion To Require the Hartford Insurance Company to be Made an Additional Party Plaintiff and supporting brief, the Court finds that said Motion should be denied. Gas Service Co. v. Hunt, 183 F.2d 417 (Tenth Cir. 1950) is our controlling Tenth Circuit case concerning this Motion. This case provides: “ . . . And it is the further rule that where the owne...
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*407 JUDGMENT The file in this matter is vast and the instant motion for partial summary judgment as to defendants Richard P. Curran and Inland Capital only is over 900 pages in length. The course of conduct entered into by defendants Richard P. Curran and Inland Capital Corporation is clearly outlined in the record and there are no material disputes of fact as to these defendant...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER The above cases were consolidated because they involve common questions of law and fact. On Motions for Summary Judgment as to Liability heretofore filed by Plaintiffs, same were granted and Judgment entered accordingly in favour of Plaintiffs on March 19, 1976, 409 F.Supp. 835. Plaintiffs then filed Motions for Summary Judgment as to Quantum, al...
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MEMORANDUM OPINION AND ORDER Plaintiff Colorado Seminary (University of Denver) and several of its student-athletes appeared before the Court on May 14, 1976, seeking a temporary restraining order, preliminary and permanent injunctions, declaratory relief, and damages against defendants National Collegiate Athletic Association (NCAA) and its regional representative. The claims were asserted und...
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ORDER DENYING MOTION FOR PROTECTIVE ORDER This is an action in which the plaintiff, United States of America, alleges that waters of the United States have been polluted by the defendant, The Bunker Hill Company, in violation of the Federal Water Pollution Control Act, as amended, and the Rivers and Harbor Act of 1899. On May 19, 1976, plaintiff, by and through the United States Attorney for ...
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MEMORANDUM OPINION Jerome Magalotti brought this action under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq., claiming that his retirement on June 30, 1975, from his position as Engineering Program Coordinator with defendant Ford Motor Company constituted discrimination on account of his age (56). Defendant moves to dismiss claiming that plaintiff’s f...
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MEMORANDUM OPINION This matter is before the court on defendant’s Motion to Suppress Evidence filed pursuant to Rule 41(f) of the Federal Rules of Criminal Procedure. The defendant, Mico Rachelle Rogers, has been charged with possession of a controlled substance with the intent to distribute in violation of 21 U.S.C. § 841(a)(1). An evidentiary hearing established the relevant facts. *2 On ...
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This matter is before the Court after trial to the Court without a jury: Jurisdiction is established under 28 U.S.C.A. § 1332 (1966). In this action the plaintiff, Central National Insurance Company of Omaha, Nebraska, has filed suit against the defendant, Devon-shire Coverage Corporation of Los Angeles, California, for breach of contract. I. On February 1, 1970, the plaintiff, insura...
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OPINION On December 18, 1970, the bankrupt, Marvin Stein, filed a voluntary petition under § 59 of the Bankruptcy Act, 11 U.S.C. § 95, listing unsecured debts of $176,327.51 and virtually no non-exempt assets. On *638September 10, 1971, the trustee filed specifications of objections to discharge, alleging that the bankrupt: (1) failed to maintain adequate books of account or records from which his...
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OPINION Plaintiffs applied for and were granted an attachment on October 5, 1973 against the funds on deposit at the First National City Bank (“Citibank”) to the credit of Banque Nationale de la Republique d’Haiti (“Banque”) on the ground that Banque was wholly owned by and the alter ego of the defendant Republic of Haiti (“Haiti”). Pursuant to the attachment the funds were levied upon and Citiban...
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MEMORANDUM AND ORDER This is but one of tens of thousands of cases carried in the limbo of federal courts’ fugitive files. Young men indicted for failure to carry out their obligations under the Selective Service Laws during the Vietnam Conflict are scattered across the face of the earth—like abandoned weapons corroding and useless to this country. The defendants refuse to cooperate with ...
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OPINION Alfred Lewis was convicted of bank robbery, grand larceny, and assault, after a jury trial in the New York State courts in 1958. 1 He was sentenced to a term of 30 to 60 years. Since then, he has persistently *675 sought to have his conviction vacated on the ground, inter alia, that confessions 2 introduced at his trial were the product of physical and mental coercion. These eff...
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Memorandum and Order Defendants move pursuant to Rule 64 of the Federal Rules of Civil Procedure and New York Civil Practice Law and Rules (“CPLR”) § 6223 for an order vacating a writ of attachment which this Court issued June 29, 1976 upon plaintiffs’ ex parte application. The main action, charging defendants with breach of contract, monies owing for goods sold and deliver...
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MEMORANDUM OPINION AND ORDER Plaintiffs initiated this action for injunctive relief on July 2, 1976. On said date, plaintiffs’ application for a temporary restraining order was denied, and the Court ordered that the hearing on the application for a preliminary injunction be consolidated with the trial on the merits. See Rule 65(a)(2) Federal Rules of Civil Procedure. Said trial was conducted on Ju...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER This is a civil rights actions under 42 U.S.C. § 1982. It was tried to the Court. The plaintiff is the Administrator of the Estate of John S. Forhan and a tenant of the defendant Jack Friedman. Plaintiff claims that the defendant landlord violated the civil rights law in refusing to lease the premises to a prospective black purchaser of plaintif...
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FINDINGS OF FACT, DISCUSSION, CONCLUSIONS OF LAW AND ORDER Plaintiffs are former employees of defendant who were discharged when defendant closed one of its plant facilities. They have instituted this lawsuit to recover pension benefits under a non-contributory, salaried employees pension plan maintained by defendant. Plaintiffs premise their right to recovery on a four count complaint, t...
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*618OPINION This suit and related litigation elsewhere arose out of the purchase by Cyclops of a large industrial machine manufactured by Defendant Allis-Chalmers. The machine malfunctioned on two occasions requiring its return to Allis-Chalmers for repairs. The “first breakdown” and repair occurred during the period January 20, to January 29, 1969. The “second breakdown” and repair occurred duri...
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MEMORANDUM AND ORDER NO. 2457 The Committee of Interline Railroads, and various other parties, have petitioned for reconsideration of this Court’s Order No. 2409, which was entered on June 22, 1976, upon the application of Consolidated Rail Corporation (“ConRail”) for further instructions concerning disbursements to be made from the segregated account established under the Agency Agreement covere...
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MEMORANDUM OPINION This case presents aspects of the procedures used to enforce an internal revenue summons. In April of 1976, the IRS was conducting an investigation into the tax liability of Taxpayers John R. Zimmerman and Billie Zimmerman for the year 1974. It served summonses under the authority of 26 U.S.C. § 7602 1 to compel the production of records in the possession of John R. Zimmerm...
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DECISION and ORDER Both defendants have moved to dismiss the action and to quash the service of the summons. Daniel Wierzbinski was employed by the Wisconsin Upholstery Company. He alleges that in the course of his duties he operated a filler and picking machine and because of its negligent manufacture and design, the machine caused him personal injury, including the loss of his right arm to th...
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MEMORANDUM OPINION The plaintiffs are Mexican American residents of the City of San Fernando. They bring this action on behalf of themselves and all other Mexican American residents of that city. They seek declaratory and injunctive relief against the defendants who are members of the City Council of the City of San Fernando, claiming that the “at-large” election method utilized by that city in...
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OPINION, FINAL JUDGMENT AND PERMANENT INJUNCTION This action by the Secretary of Labor, pursuant to 7 U.S.C. § 2041 et seq. (Supp. 1974), was tried by the Court sitting without a jury on April 26 and 27, 1976. The secretary contended that defendant Golden Gem Growers, Inc. (Golden Gem), employed farm labor contractors who did not possess certificates of registration from the Se...
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MEMORANDUM OPINION This is a diversity action under 28 U.S. C.A. § 1332, by a Florida printing company against a California corporation and a Mexico corporation. Plaintiff claims breach of contract, based upon four promissory notes, and debt, based upon failure to pay for materials printed on defendant’s order and shipped to defendant. The motion before the court is brought by defendant Conseje-r...
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MEMORANDUM OF DECISION AND ORDER This cause is now before the court on the “Multiple Motion of Defendant” Schilling, filed December 31,1975, on plaintiffs’ “Motion for Order Determining Classes and Allowing Discovery from Absent Members of Defendant Class,” filed February 10, 1976, and on intervening defendant State of Indiana’s motion to dismiss, filed June 4, 1976. On May 5, 1976, the c...
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OPINION This matter arises on the petition of Grace Campbell for a writ of habeas corpus, alleging as grounds therefor that she was indicted by a grand jury selected from a list from which women were intentionally excluded, in violation of her rights under the 14th Amendment to the United States Constitution. Several indictments were returned against petitioner on December 6,1974 by a Suffolk...
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MEMORANDUM OF DECISION These related matters came on for a consolidated hearing before the court on March 1, 1976, pursuant to the court’s orders to show cause; the parties were present by counsel; evidence was presented and the parties were heard. Due consideration having been had, the court enters the following findings of fact and conclusions of law. A. Findings of Facts. ...
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OPINION Sarubbi appeared before the court for the purpose of withdrawing his not guilty plea *634 and pleading guilty to a charge of using interstate commerce facilities to distribute the proceeds of an unlawful activity (bribery), in violation of 18 U.S.C. § 1952, and aiding and abetting that violation, 18 U.S.C. § 2. The proceedings began with an examination under oath...
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OPINION This is a petition for a writ of habeas corpus to compel the release of George and Eddie Johnson from state custody. Petitioners are brothers. They were jointly indicted for armed robbery, and convicted after jury trial in Superior Court in 1972. Petitioners commenced this lawsuit by filing a joint pro se petition and upon their request, this Court appointed counsel to ...
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OPINION AND ORDER This is a civil action brought by the plaintiffs on behalf of a class of all of the original residents of a middle-income cooperative housing development consisting of one 20-story apartment house comprised of 351 apartment units. The apartment house, known as Scott Tower [hereinafter, the project], is located in the Borough of the Bronx in the City and State of New York...
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MEMORANDUM OPINION This is a civil action for refund of federal estate taxes and interest in the total amount of $6,819.64 assessed and collected from the Estate of John T. Higginbotham, who died on November 20, 1966. Plaintiff, Independent Executor of the Estate of the decedent, is a national banking association organized under the laws of the United States, and jurisdiction is conferred upon thi...
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MEMORANDUM This action is brought by the plaintiff to redress an alleged violation of the provisions of Title VII of the Civil Rights Act of 1964, as amended 42 U.S.C. § 2000e et seq. Plaintiff seeks injunctive and other appropriate equitable relief including an award of back pay. Jurisdiction over the controversy is premised on § 706(f) of the Civil Rights Act of 19...
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MEMORANDUM OF DECISION The Farm Labor Contractor Registration Act (herein “the Act”), 7 U.S.C. § 2041 et seq., was passed by Congress in 1963 primarily to protect migrant workers from exploitation “by certain irresponsible contractors” who disseminated false information about terms, conditions, or existence of agricultural employment; operated unsafe or inadequately insured veh...
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OPINION In this action, the Court is requested to set aside, annul, or suspend a final reclassification order of the Interstate Commerce Commission (ICC), pursuant to 28 U.S.C. §§ 1336(a), 2321-2325 (1970).1 The order was issued on August 15, 1974 in Investigation and Suspension Docket No. M-24488, Classification Ratings on Passenger Automobiles, Nationwide, culminating almost four years of admin...
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MEMORANDUM OF DECISION Plaintiffs, Nathra Nader and Albert C. Snyder, Jr., are residents of Winchester, Connecticut. Each has registered as a voter pursuant to Conn.Gen.Stat. §§ 9-20 and 9-21. The basis for this action, brought under 42 U.S.C. § 1983, with jurisdiction based on 28 U.S.C. §§ 1343(3) and 1343(4), to redress the alleged deprivation, under color of state statute, of certain voting ...
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OPINION Plaintiff has filed this action on behalf of herself and others similarly situated alleging that defendant American Life Insurance Company has engaged in a pattern and practice of discriminating against women in hiring, advancement, conditions and benefits, in violation of Title VII of the Civil Rights Act of 1964. Plaintiff seeks, inter alia, a declaratory judgment, an...
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John B. Hand, Sr., a state prisoner, has petitioned 1 for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in an effort to secure his release from a prison sentence imposed by the Superior Court of the State of Delaware in and for New Castle County after a jury found him guilty of one count of rape, 11 Del.C. § 763, one count of kidnapping, 11 Del. C. § 783(4), and two counts of possession ...
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MEMORANDUM AND ORDER This matter comes before the Court on plaintiff Brian Kozlowski’s motion, filed pursuant to Rule 37(b)(2)(C), Fed.R.Civ.P., seeking an order for entry of judgment by default against the defendant, Sears, Roebuck and Company. After a hearing held June 23, 1976, the Court took the motion under advisement. Plaintiff initiated this products liability action on April 9, 1975. The ...
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MEMORANDUM This matter is before the Court upon cross motions for summary judgment. Plaintiff brought suit herein, pursuant to the Federal Railroad Safety Act of 1970, 45 U.S.C. § 439, and 28 U.S.C. §§ 1337, 1345, seeking declaratory and injunctive relief. Plaintiff contends that defendants have refused to allow employees of the Federal Railroad Administration to conduct safety inspections except...
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OPINION AND ORDER The United States, the owner of a judgment against the defendants, sought by an execution issued out of this court to levy on the wages of the defendant Derwin B. Dumont. Dumont, by affidavit which is not controverted, asserts that the judgment was not rendered on debts incurred for necessaries, that he is the head of a family which is dependent upon him for support, and that wag...
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MEMORANDUM OF DECISION AND ORDER Statement of The Case This is a civil action against the United States for recovery of a manufacturer’s excise tax assessed and collected with interest for the period from the second quarter of 1968 through the third quarter of 1971. The United States contends the Field Service Unit manufactured by Plaintiff is a “part or accessory” within the mea...
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MEMORANDUM OPINION Defendant has been indicted under 18 U.S.C. § 1511 with conspiring to obstruct the enforcement of the criminal laws of the Commonwealth of Pennsylvania with the intent to facilitate illegal gambling operations in violation of 18 Pa. S. §§ 4601 and 4607. The defendant waived his right to trial by jury and was tried by the court. The facts in issue are not disputed and th...
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MEMORANDUM AND ORDER Plaintiff, Joseph Banks, was a permanent employee of defendant Redevelopment Authority of the City of Philadelphia (“RDA”), 1 with duties including checking appraisals of property condemned by the RDA. He brought this action under 42 U.S.C. § 1983 for deprivation of his fourteenth amendment rights to procedural due process and to equal protection. He added a pendent state...
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MEMORANDUM OPINION AND ORDER Plaintiff Don Cook is an inmate at the Texas Department of Corrections’ Ellis unit in Huntsville. Defendant Bill Watson is employed by the police department of Terrell, Texas, as an investigator. Cook brought this suit against Watson under 42 U.S.C. § 1983, claiming infringement of certain property rights guaranteed by the United States Constitution. Watson filed a mo...
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MEMORANDUM OPINION IN SUPPORT OF ORDER GRANTING MOTION FOR SUMMARY JUDGMENT This memorandum opinion is filed in support of the court’s order of June 30, 1976, granting defendant Deseret Livestock Company’s motion for summary judgment. The facts of this case are simple. Plaintiff Gray F. Madison, Sr. went to the defendant’s ranch at the invitation of defendant to hunt pheasants. Plaintiff and defen...
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MEMORANDUM OPINION The parties to this suit each own land on the northern end of Hog Island, a barrier island located in the County of Northampton, Virginia. The Nature Conservancy seeks monetary and injunctive relief for alleged acts of trespass upon its real property by the members, guests, employees and agents of the Machipongo Club, Inc. In addition to specific acts of alleged trespas...
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MEMORANDUM OPINION This case is now before the court pursuant to defendant’s motion for a new trial or alternatively, to require the plaintiff to accept a lesser amount in damages. Fed.R. Civ.P. 59. For the reasons which follow the court denies the motion. Plaintiff, the Administrator of the estate of Teresa Rae Seals, sued the Administratrix of the estate of Charles Jackson Seals, Jr. under ...
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OPINION This is an action by four related commercial airplane operators who seek to have Hayward City Ordinance 75-023 C.S. declared unconstitutional. That ordinance, enacted on October 14, 1975, pursuant to defendant Hayward’s capacity as proprietor of the Hayward Air Terminal, prohibits all aircrafts which exceed a noise level of 75 dBA from landing or taking off from the Hayward Air Te...
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MEMORANDUM AND ORDER This case presents the question of whether the Air Force can constitutionally enforce a regulation prohibiting the wearing of facial hair by its military personnel against an individual who was employed by the Air Force to serve in a religious capacity as a Jewish Chaplain. Rabbi Geller served in the Air Force on both active duty and reserve status between the years 1950 to...
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MEMORANDUM OPINION AND ORDER Plaintiff in this action is a former employee of the Federal Power Commission (FPC) who resigned his position after his request for a year’s leave without pay was denied. He now challenges the legality of the Commission’s denial of his request for leave and the procedures utilized in the processing of his grievance. Plaintiff seeks a declaratory judgment that the de...
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ORDER The Court has before it several motions by defendants, which were argued at the outset of the hearing on plaintiffs’ motion for a preliminary injunction. The Court will deal with the various motions individually, construing some of them alternatively on behalf of defendants. The standard which must be met in order to grant a motion to dismiss for failure to state a claim upon which ...
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MEMORANDUM OPINION Before the court is the plaintiffs motion for a temporary' restraining order brought pursuant to 18 U.S.C. § 1964 which empowers the district court “to prevent and restrain” violations of 18 U.S.C. § 1962. The complaint in the instant action alleges that defendants have operated and are operating a gambling organization or policy wheel in violation of 18 U.S.C. § 1962 which p...
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ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW This consolidated action for trademark infringement was tried to the Court. *311 FINDINGS OF FACT 1. Plaintiff Amana Society, Amana, Iowa, is the owner of the trademark AMANA. 1 2. Plaintiff Amana Refrigeration, Inc., Amana, Iowa, is the owner of the trademark AMANA. 2 3. Defendants Paul and Emma Zimmerman are the sole officers of De...
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MEMORANDUM AND ORDER Plaintiff, administratrix for the estate of Timothy F. Mulcahy, brings this wrongful death action against the defendant, Steven C. Guertler. Plaintiff’s complaint alleges that on June 9, 1975, the defendant, while negligently operating a motor vehicle in the vicinity of Pope Air Force Base, North Carolina, caused a collision to occur between his vehicle and one operat...
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MEMORANDUM This is an action brought by a group of shareholders of the First National Boston Corporation (“FNBC”) in which they seek a temporary restraining order or preliminary injunction restraining the purchase of a company known as Invenchek, Inc. (“Invenchek”) by the officers and directors of the FNBC, defendants in this action. In Count 1 of their complaint plaintiffs, who collectively ow...
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MEMORANDUM AND ORDER REMANDING TO THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE FOR FURTHER HEARING This is a proceeding under Title II of the Social Security Act, as amended, 42 U.S.C. § 405(g) (1973). Plaintiff seeks judicial review of the final decision of the Secretary of Health, Education, and Welfare denying her Social Security disability insurance benefits, pursuant to 42 U.S.C. ...
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MEMORANDUM AND ORDER The motion by witness Leonard Feingold to quash an arrest warrant issued against him is denied, and the proceeding commenced by that motion is dismissed for the reasons hereinafter set forth. Feingold is sought by the Government as a material witness in a pending criminal *628 action entitled “United States of America against Thomas Nashi” now pending in the Eastern Dis...
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OPINION FINDINGS OF FACT AND CONCLUSIONS OF LAW This Court’s opinion dated June 4, 1975 1 denying plaintiffs’ motion for partial summary judgment sets forth: the federal statute and regulations governing the preventive health care program known as Early and Periodic Screening, Diagnosis and Treatment (“EPSDT”) for Medicaid-eligible children under twenty-one years of age; the pl...
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Defendant, the United States of America (“the Government”), seeks an order of this Court dismissing the complaint in this action pursuant to Rules 37(b) and (d) of the Federal Rules of Civil Procedure as a result of plaintiff’s alleged obstruction of the defendant’s attempts to conduct discovery. Additionally, the Government seeks an order awarding expenses including, but not limited to, attorney’...
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OPINION I. INTRODUCTION This citizen suit pursuant to § 304 of the Clean Air Act (42 U.S.C. § 1857h-2) seeks to compel New York State and New York City to enforce the Metropolitan Transportation Control Plan (TCP) which was submitted by the Governor to the Administrator of the Environmental Protection Agency (EPA), approved by the Administrator (38 Fed.Reg. 1560-61), and approved by ...
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MEMORANDUM OPINION Five members of the Lower Merion Township Police Department and the Fraternal Order of Police, Lower Merion Police, Lodge 28, have brought this civil rights action against the Township of Lower Merion, its Board of Commissioners, its Civil Service Commission, the Township Manager and the Superintendent of Police alleging violations of the Due Process and Equal Protection Clau...
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OPINION Two of the defendants in this police brutality suit, Mayor Frank L. Rizzo and Police Commissioner Joseph F. O’Neill, have filed a motion to dismiss. The complaint, in which compensatory and punitive damages as well as injunctive relief are sought, is based upon 42 U.S.C. § 1983, and the doctrine of Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed....
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OPINION AND ORDER This is a class action brought by plaintiff RCA del Caribe, Inc., an employer in Puerto Rico, on its own behalf and on behalf of other employers in Puerto Rico similarly situated, seeking declaratory and injunctive relief pursuant to Title 42, United States Code, Sections 1983 and 2000e et seq. The class was defined as consisting of all employers in Puerto Rico engaged in indust...
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OPINION This is a medical malpractice and breach of contract diversity action brought by Rhode Island plaintiffs against a Massachusetts medical facility and one of its staff physicians. The defendant non-profit facility, Preterm, Inc., and defendant Dr. Roberts seek dismissal of the complaint on the grounds that this Court does not have in personam jurisdiction over them. ...
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OPINION Plaintiff Victor Schneider filed a nominating petition as a candidate for a seat in the Legislature of the Virgin Islands. His petition, ultimately in order in all formal respects, was rejected by the Supervisor of Elections on the ground that he is not eligible to be a *185candidate for the Legislature since he has been residing less than three years in the electoral district for which he...
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MEMORANDUM OPINION Let it be said at the outset that no member of the United States Attorney’s staff had advance knowledge of any of the worrisome activities of Drug Enforcement Administration agents which I shall discuss presently. In fact, the Assistant United States Attorney in charge of this case, Daniel T. Smith, was aghast as the facts crept out, and at all times he has acted in complete ...
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MEMORANDUM AND ORDER I. Background At an earlier stage in these proceedings the Court found that the defendants herein, W. A. (“Tony”) Boyle, George Titler, and John Owens, as officers of the plaintiff United Mine Workers of America (UMWA), had violated fiduciary duties imposed upon them by Section 501 of the Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. § ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW By order dated March 10, 1976, the Court granted the plaintiff’s motion for partial summary judgment herein. Thereafter, on June 4, 1976, the Court held a hearing on the penalty to be assessed at which plaintiff and defendants had an opportunity to present witnesses and cross-examine. Based on that hearing and the entire record herein, the Court makes the...
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OPINION This is an action by General Instrument Corporation against Mostek Corporation alleging infringement of eight of plaintiff’s patents which relate to the method of manufacturing integrated circuits and to the structure of electrical components which utilize integrated circuits. Defendant has moved to transfer this action pursuant to 28 U.S.C. § 1404(a) to the Northern District of Texas. ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The defendant, Andrew John Black, is charged by a three-count indictment filed *60 April 5, 1973, with possession with intent to distribute; importation; and conspiracy, all relating to marijuana. The criminal activity alleged in the indictment occurred during the period from February 1, 1972, up to and including May 22, 1972. Defendant was arrested on ...
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MEMORANDUM AND ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT In this action under the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-634 (“ADEA”), the defendant has moved for summary judgment on two grounds: (1) The plaintiff is barred by the applicable statute of limitations. (2) The plaintiff’s deposition and the affidavits of defendant’s supervisor conclusively establi...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter was tried to the Court. The Court makes the following findings of fact and conclusions of law: Findings of Fact 1. Plaintiff, Graham Paper Company, is a Missouri corporation, with its principal place of business in St. Louis, Missouri. 2. Defendant, Schottco Corporation, is a corporation with its principal place of business in a state other tha...
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OPINION This action under the Miller Act, 40 U.S.C. §§ 270a-270d, is brought by Kashulines, a subcontractor, against his contractor, Thermo, and his contractor’s surety, International, for $84,000 allegedly remaining unpaid from work done on Thermo’s federal contract. The work involved refurbishing a fire protection station on Ascension Island. 1 Thermo counterclaimed for $96,0...
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MEMORANDUM OF DECISION AND ORDER Plaintiff brought this diversity action alleging the Defendant, through its sole *892 stockholder, Dr. L. J. Proehaska, was negligent in that the doctor failed to inform her that she could possibly sustain long term or permanent diplopia (double vision) as a result of strabismus surgery on her left eye. The Defendant counterclaimed for $335.00 for the professi...
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OPINION AND ORDER These civil actions are instituted under Title I of the Consumer Credit Protection Act, as amended, generally known as the Truth in Lending Act, 15 U.S.C. § 1601 et seq., seeking monetary relief for alleged violations of the Act and the regulations promulgated thereunder, Regulation Z, 12 C.F.R. § 226.1 et seq. Jurisdiction of this Court is had purs...
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MEMORANDUM AND ORDER Presently before the Court are motions of defendants Ellis William Matthews, Jr. and Jerome Artis for a judgment of acquittal and/or a new trial. On April 7, 1976, the jury returned a verdict of guilty to all four counts of the indictment charging both defendants in Counts I, II and III with bank robbery and larceny and in Count IV with conspiracy to commit bank robbe...
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MEMORANDUM AND ORDER Presently before the Court is the motion of defendants Archdiocese of Philadelphia Secondary School System (Archdiocese) and Thomas P. Forkin, Assistant Superintendent of Schools for the Archdiocese, to dismiss Count V of the complaint for failure to state a claim upon which relief can be granted. For the purpose of a motion to dismiss pursuant to Rule 12(b)(6) of the Feder...
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MEMORANDUM OPINION and ORDER In this action, plaintiff Harvie G. Barnes seeks review of a final decision of the Secretary of Health, Education and Welfare denying his claim for benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. (hereinafter the “Act”). The case was filed pursuant to § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates 42 ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW By order dated March 10,1976, the Court granted the plaintiff’s second motion for partial summary judgment herein. Thereafter, on June 3, 1976, the Court held a hearing at which plaintiff and defendant had an opportunity to present witnesses and cross-examine. Based on that hearing and the entire record herein, the Court makes the following Findings of Fa...
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MEMORANDUM OPINION This cause arises out of a dispute between the trustees of a labor health and welfare, pension, vacation, and apprenticeship and training fund and an individual carpenter-employer. Jurisdiction of this court has been invoked pursuant to Section 301 of the Labor Management Relations Act, as amended 29 U.S.C. § 185. The complaint alleged that defendant had breached a contract w...
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ORDER THIS CAUSE is before the court on the motion of defendant Capital National Bank to dismiss for improper venue. Capital National Bank is a National Banking Association chartered pursuant to the National Banking Act, 12 U.S.C. § 1, et seq., and is established and located exclusively in Houston, Texas, within the Southern District of Texas. Capital National Bank has no branch, office, ...
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415 F.Supp. 370 (1976) Jesse J. MEJIA, Plaintiff, v. SCHOOL CITY OF GARY et al., Defendants. No. H 74-120. United States District Court, N. D. Indiana, Hammond Division. July 9, 1976. *371 *372 Daniel A. Medrea, Merrillville, Ind., Richard J. Darko, Indianapolis, Ind., for plaintiff. William J. Regan, Merrillville, Ind., for defendants. ORDER AND MEMORANDUM ALLEN SHARP, District Judge. The Court...
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MEMORANDUM “The Platters” was the name of one of the most popular singing groups in the nineteen fifties. The plaintiff, Five Platters, Inc., claiming that it owns the exclusive right to use of the Platters name in association with a musical entertainment group, has sued Bernard Purdie and others claiming that the defendants have infringed its service mark and unfairly competed. Damage is...
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OPINION In this action brought pursuant to 28 U.S.C. § 2201, plaintiff seeks a declaratory judgment that sections 34 and 45 of chapter 53 and sections 33, 41 and 42 of chapter 54 of the Massachusetts General Laws are unconstitutional as violative of rights guaranteed by the fourteenth amendment. The challenged statutes provide that the official ballots in primary and final elections shall...
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MEMORANDUM OPINION This is a motion by the Government to disqualify Messrs. William E. Bufalino, Sr. and William E. Bufalino, II, from representing four (4) Grand Jury witnesses who were scheduled for appearance before the Special Grand Jury, for the Eastern District of Michigan, on July 7, 1976. Since September 4, 1975, the Special Grand Jury has been investigating possible criminal violations...
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FINDINGS AND OPINION This admiralty cargo suit was brought by Vana Trading Co. (hereinafter “Vana”) against the S/S Mette Skou and its time-charterer, Flota Mercante Grancolombiana S.A. (hereinafter “Flota”) for alleged damage and loss to a shipment of 5,000 cartons of Colombian yams. Flota impleaded the owner of the vessel, Ove Skou, and the stevedoring company at New York, Inter ...
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B. F. McKernin & Co., Inc. sued United States Lines, Inc. and United States Lines Operations, Inc. in New York State Court to recover damages allegedly resulting from the defendants’ delays in delivering a shipment of 10 cases of “Brassware” from the Netherlands. The case was removed to this court from the New York Supreme Court. United States Lines subsequently served a third-party complaint o...
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OPINION This is a wrongful death and personal injury action arising from an industrial ac *890 cident which occurred in Jersey City, New Jersey. The defendants Sybron Corporation, Pfaudler Company, and Permutit Company, Inc. have moved for an order dismissing the complaint under Fed.R.Civ.P. 12(b) for lack of subject matter jurisdiction, and in the alternative for an order tr...
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MEMORANDUM AND ORDER This cause came to be heard upon the motion of the defendant for a preliminary injunction. On July 1, 1976, the Court granted to defendant a temporary restraining order enjoining the plaintiff from prosecuting its claims against the defendant in any court other than this one. The plaintiff concedes that it has filed identical actions against the defendant in federal d...
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OPINION The defendant-petitioner has moved to withdraw her plea of guilty. She was in-dieted on three counts of conspiracy to import narcotics, importing narcotics, and purchasing and distributing narcotics not in a package bearing tax revenue stamps. On September 15, 1970, she pleaded guilty to Count Three before the late Honorable Harold K. Wood. Judge Wood accepted the plea and on Octo...
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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 of this court is pursuant to § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates § 205(g) of the S...
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DECISION AND ORDER This is an action brought by E-C Tape Service, Inc., a corporation engaged in the manufacture and sale of sound recordings, and David L. Heilman, its president, which seeks declaratory and injunctive relief from a contempt order issued by the defendant, a State Circuit Court Judge. Based upon the facts which appear more fully below, the plaintiffs’ amended complaint alleges tha...
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DECISION AND ORDER This is a petition for a writ of habeas corpus. Petitioner, currently in custody in the Central State Hospital at Waupun, Wisconsin, was convicted by the Milwaukee County Circuit Court on February 15, 1969, of two counts of first degree murder for the slaying of his parents and sentenced to two consecutive terms of life imprisonment in the Wisconsin state prisons. The conviction...
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PRELIMINARY INJUNCTION Upon consideration of plaintiff’s motion for a preliminary injunction, after full hearing, and for the reasons set forth in the accompanying Memorandum constituting the Court’s findings of fact and conclusions of law filed herewith, it is hereby ORDERED that defendants, their agents, officers, servants, employees, attorneys and all persons in active concert or participa...
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MEMORANDUM AND ORDER This matter comes before the Court on a request by the defendant, Rufus Gaines, to be permitted to represent himself as co-counsel along with his court-appointed counsel in his new trial granted by the United States Court of Appeals for the Seventh Circuit on a motion pursuant to Section 2255, Title 28, United States Code. FACTS Pursuant to a successful appeal for a new...
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MEMORANDUM AND ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW This is an action instituted by the plaintiff on February 17,1976, whereby it seeks: 1) a permanent injunction restraining the defendants and intervenor from pursuing certain activities which interfere with the operation of the Tabernacle Church of God in Christ, 1502 East 17th Street, Wichita, Kansas, and 2) for a declarat...
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(dissenting). There is not a shred of evidence in the record of this case to indicate, much less prove, that a properly tested, selected and trained resident alien would be less competent than a citizen to perform the duties of a New York state trooper, which admittedly are paramilitary in nature, or that members of the plaintiff class would present a poorer security risk or be less loyal to the S...
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OPINION Discovering that the Bureau of Prisons and the Parole Commission have decided to *290“reverse” (and aggravate) the unappealed judgment of this court, the defendant moves for a reduction of his sentence. While the motion may not be the precisely apt technique for cutting the bureaucratic knot, it seems obvious that the defendant is entitled to some relief. The situation and the court’s dis...
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MEMORANDUM DECISION AND ORDER Before MESKILL, Circuit Judge, WEINFELD and BRIEANT, District Judges. The plaintiff corporations, on behalf of themselves and all multistate taxpayers who have been or may be threatened with interstate audits by the defendant Multistate Tax Commission, seek a declaratory judgment that the Multistate Tax Compact [Prentice Hall State & Local Tax Service (A...
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MEMORANDUM AND ORDER Presently before the Court is the motion of the third-party defendant, Keystone Wire & Iron Company (Keystone), to dismiss the third-party complaint filed by defendants, Thomas Rhoades and Thomas Lindstrom & Co. Plaintiff, Joseph Wesolowski, alleges in his complaint that he was injured in a work-related accident on October 31, 1974, while in the course of his employme...
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MEMORANDUM Plaintiffs, inmates at Danville State Hospital in Danville, Pennsylvania, seek declaratory and preliminary and permanent injunctive relief under 42 U.S.C. § 1983 for alleged violations of their civil rights resulting from the operation of section 406 of the Pennsylvania Mental Health and Mental Retardation Act of 1966 (the Act), 50 P.S. § 4406 (section 406), which permits the involun...
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MEMORANDUM OPINION AND ORDER The plaintiff sued inter alia as a defendant herein Preston Jackson doing business as Dublin Truck. Leasing Corporation. Such defendant answered that it is, in fact, a Virginia corporation. The Court invited the attention of counsel for the plaintiff in its memorandum opinion and order herein of April 28,1976 to the possibility that he had alleged the legal status of ...
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OPINION and JUDGMENT This petition for a writ of habeas corpus prays release from confinement imposed pursuant to a judgment of conviction in the Circuit Court of Danville, Virginia, of May 27, 1975, wherein petitioner was convicted on three counts of statutory burglary and sentenced to a total of 21 years in the Virginia State Penitentiary. Petitioner appears to make the following allegations: 1)...
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DECISION and ORDER The defendant has moved, pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure, to dismiss the complaint in this action for failure to state a claim on which relief can be granted. I believe that this motion should be granted. The plaintiffs bring this action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671-80. They allege that Tadeusz Wisniewski was a...
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MEMORANDUM Plaintiffs, Thomas Forcade and Robert Sherrill, bring this action challenging the refusal of defendants to admit them to White House press briefings and conferences. In their motion for summary judgment, they argue that their First Amendment right to gather information has been abridged by the discriminatory denial of press passes without apparent standards or compelling justif...
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OPINION Can bureaucratic ineptitude defeat an aggrieved layperson’s diligent attempts to file a charge of discriminatory hiring practices with the federal Equal Employment Opportunity Commission (EEOC)? This question is at the heart of the motion for summary judgment presently interposed by defendant Delaware Trust Company in this action brought by the EEOC pursuant to Title VII of the Ci...
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PRELIMINARY INJUNCTION This matter came before the Court on Plaintiff’s First Motion for Temporary Restraining Order dated June 18, 1976. Pursuant to notice supplied to all parties to this action and to the California Attorney General, the New Jersey Attorney General, the Missouri Attorney General, the Ohio Attorney General, the Wisconsin Attorney General, the Pennsylvania Attorney General, the Te...
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ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS AND DISMISSING CAUSE AS FRIVOLOUS This is an action brought pursuant to 42 U.S.C. § 1983, in which plaintiff alleges numerous acts and a conspiracy among the named defendants which deprived him of his civil rights. The complaint prays for declaratory and injunctive relief, as well as compensatory damages in the amount of $78,000 and punitive dama...
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MEMORANDUM AND ORDER PRELIMINARY STATEMENT Plaintiff brought this civil rights action to recover $1,000 which he alleges is illegally retained by one of the defendants, the Police Property Clerk of the City of New York. It appears that upon his arrest on February 27, 1973, for reckless driving, plaintiff offered the arresting officer $1,000 to drop the charges. He was indicted for bribery and reck...
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OPINION The petitioner filed a petition for the purpose of obtaining a judgment: 1. Staying and permanently enjoining the respondent from making any and all *888attempts to organize or represent the customer service employees of petitioner. 2. Requiring the respondent to abide by the determination of the NLRB declaring the customer service employees as being managerial. 3. Granting to petitioner ...
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MEMORANDUM AND ORDER Presently before the Court is defendants’ motion to dismiss the complaint for lack of subject-matter jurisdiction. Defendants are the Secretary of the Department of Health, Education and Welfare (“Secretary”) and Pennsylvania Blue Shield (“Blue Shield”), a “carrier” under contract with the Secretary to administer the provisions of Part B of the Medicare program. ...
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FINDINGS AND OPINION The International Association of Machinists and Aerospace Workers (hereinafter, “Union”) sues the Chicago Pneumatic Tool Company (hereinafter, “Company”) in Civil Action No. 76-83 Erie for mandatory enforcement of a labor arbitration award. The Company in Civil Action No. 76-79 Erie sues to set aside the arbitrator’s award on the basis that the arbitrator exceeded his...
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OPINION The plaintiff was dismissed from his position as a police officer following his conviction in the state court on charges of indecent assault and corrupting children. He brings this action against his former employer, the Borough of Homestead, seeking preliminary and permanent injunctive relief in the form of reinstatement and back pay. He also asks this court to declare that his termina...
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MEMORANDUM OPINION Between 1971 and early 1973, Defendant Tri-County Bank of Chamberlain, South Dakota, made some sixteen loans to Plaintiff Crow Creek Sioux Tribe. Crow Creek Sioux Tribe apparently did most of its banking at Tri-County Bank during this period, as evidenced by the existence of several checking accounts held in the name of various tribal programs and businesses. In re...
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MEMORANDUM Plaintiffs, Deputy United States Marshals for the Eastern District of Virginia, bring this action under the Tuckér Act, 28 U.S.C. § 1346(a)(2) to recover overtime compensation allegedly due them under 5 U.S.C. § 5542. The action is brought pursuant to Rule 23, Fed.R.Civ.P. on behalf of all persons who are now or have been Deputy United States Marshals for the Eastern District o...
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MEMORANDUM This class action is brought for alleged discrimination against females in employment matters in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000(e), et seq., for alleged discrimination against blacks in employment matters in violation of both Title VII, supra, and the Civil Rights Act of 1866, as amende...
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OPINION These cases were consolidated for trial because of a common background of facts. Wambles v. Conn, Civil Action No. 75-233-N, is a class action challenging the constitutionality of Alabama’s child neglect law, Alabama Code, Title 13, § 350 et seq. (1958). Plaintiff Margaret Wambles represents a class composed of mothers who have been or may be deprived of the c...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action was brought under 42 U.S.C. §§ 3601 et seq., 42 U.S.C. §§ 1981,1982, and the Thirteenth Amendment to the United States Constitution. Trial without a jury was held at Covington, Kentucky, on April 26, 1976. The Court, having considered all the evidence presented and the memoranda of the parties, makes the following findings of ...
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Plaintiffs bring this class action under 42 U.S.C. § 1983, § 5 of the Voting Rights Act of 1965, 42 U.S.C. § 1973c, and the Fourteenth and Fifteenth Amendments to the Constitution. Jurisdiction is conferred on this Court by 28 U.S.C. § 1343(3). Plaintiffs and defendants have filed summary judgment motions on the issues concerning the Plaquemines Parish School Board. Plaquemines Parish Sc...
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418 F.Supp. 83 (1976) CLAYTON BROKERAGE CO. OF ST. LOUIS, INC., Plaintiff, v. TELESWITCHER CORPORATION et al., Defendants. No. 74-633C(3). United States District Court, E. D. Missouri, E. D. July 6, 1976. *84 Thompson & Mitchell, St. Louis, Mo., for plaintiff. Bernard Barken, St. Louis, Mo., for Astrodata, Inc. and Teleswitcher Corp. Robert S. Allen, St. Louis, Mo., for U. C. Leasing, Inc. M...
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*581MEMORANDUM Petitioner Perry Young, pro se, seeks an order of this Court granting his application for a writ of habeas corpus pursuant to 28 U.S.C. §§ 2241(d) and 2254. For the reasons set forth below, the application is' denied and the writ is dismissed. Petitioner is presently incarcerated in the Greenhaven Correctional Facility, Storm-ville, New York, serving an indeterminate sentence not to...
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MEMORANDUM Defendants move by order to show cause for an order disqualifying Patterson, Belknap & Webb, Esqs. (“PB&W”) from acting as attorneys for plaintiff United States Industries, Inc. (“USI”) and from advising or counseling plaintiff USI with respect to this action; enjoining PB&W from otherwise engaging in litigation arising out of the same facts upon which this action is based or m...
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MEMORANDUM Several municipalities, organizations, and private individuals have moved to intervene in this action pursuant to Fed.R.Civ.P. 24(a), (b). For the reasons which appear hereafter, the motions are denied. Leave to renew the motions will be granted, however, on good cause shown. Plaintiffs, two foreign airlines, seek declaratory and injunctive relief from the decision by the defendant Por...
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420 F.Supp. 1020 (1976) Joyce TAYLOR and Willie Huntley, on behalf of themselves and all persons similarly situated, Plaintiffs, v. Renee HILL, Director, Division of Social Services, North Carolina State Department of Human Resources, et al., Defendants. No. C-C-74-101. United States District Court, W. D. North Carolina, Charlotte Division. Heard January 23, 1976. Decided July 6, 1976. *1021 Theo...
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MEMORANDUM OPINION AND ORDER Falls Stamping & Welding Company (hereinafter plaintiff) initiated this action on June 7, 1976 under Section 10 of the United States Arbitration Act of 1947, 9 U.S.C. § 10, to vacate and/or modify an arbitrator’s award. Defendants have answered by denying the material allegations and counterclaiming for enforcement of the award and for compensatory and punitive damage...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff in this action is located in Greenwood, South Carolina and is engaged in contracting for the installation of various electrical, heating and air conditioning equipment and systems. Defendant is a trade association whose members include the majority of the licensed mechanical contractors in South Carolina who compete with plaintiff. This su...
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OPINION The parties have orally requested a ruling in advance of trial on the following issues: (1) whether plaintiffs can recover for the loss of Mrs. Benson’s future earnings, and (2) whether plaintiffs can recover for the loss of Mrs. Benson’s services as a housewife. The parties have submitted letter memoranda on the second issue, but both issues are addressed in this opinion. I. LOSS OF EARNI...
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OPINION This motion for a preliminary injunction •presents the question whether a distributor has been terminated by a manufacturer for legitimate business reasons or in furtherance of a conspiracy or combination in restraint of trade. The plaintiff, Jacobson & Co. (“Jacobson”), is a contractor in the business of *566 furnishing and installing acoustical ceiling tile and...
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OPINION This case, on remand now “to conduct an Overton-type hearing,” National Nutritional Foods Ass’n v. Weinberger, 512 F.2d 688, 703 (2d Cir.), cert. denied sub nom. National Nutritional Foods Ass’n v. Mathews, 423 U.S. 827, 96 S.Ct. 44, 46 L.Ed.2d 44 (1975), was brought in August of 1973, seeking declaratory and injunctive relief against regulations o...
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*503MEMORANDUM AND ORDER The Court’s Memorandum and Order dated June 7, 1976 is withdrawn on reargument, and corrected and reissued as follows: By its complaint filed September 8, 1975, plaintiff “The Frederick Norman D.D.S., P.C., Employee Pension Fund,” seeks to maintain a class action against Arcs Equities Corp. and others to recover money damages for the benefit of “all persons other than defe...
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MEMORANDUM OPINION AND ORDER John P. Romanot, a coal miner, died in October, 1970. After his death his surviving widow filed a claim for black lung survivor’s benefits under the Federal Coal Mine Health and Safety Act (hereafter “Act”), as amended by the Black Lung Benefits Act of 1972. 30 U.S.C. § 901 et seq. After a hearing, the Administrative Law Judge, in April, 1975, denied Mrs. Romanot’s cla...
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MEMORANDUM OPINION AND ORDER This is an action under § 205(g) of the Social Security Act (“Act”), 42 U.S.C. § 405(g), to review a final decision of the Secretary of Health, Education and Wei- *608 fare 1 (“Secretary”), denying claimant Frank Torelli’s application for disability benefits. Claimant filed his initial application for disability benefits on December 14, 1973. After denial of thi...
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MEMORANDUM OPINION AND ORDER Plaintiff, Andres Saldana, is a 56 year-old uneducated farm laborer who is totally illiterate in any language and understands only Spanish. Saldana brought this action under § 205(g) of the Social Security Act (hereafter “Act”), 42 U.S.C. § 405(g), for review of a final decision of the Secretary of Health, Education and Welfare (hereafter “Secretary”), 1 denying p...
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OPINION and JUDGMENT Prior to February 1, 1974, the Secretary of Agriculture announced a national quota for Maryland tobacco.1 During February, 1974, farmers who grew Maryland tobacco in the United States in 1973, including those *80in the burley belt,2 and who were therefore eligible to vote, cast ballots to determine whether Maryland tobacco should be subject to the proposed marketing quotas du...
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ORDER VACATING AND SETTING ASIDE DECISION Pursuant to stipulation and good cause appearing therefor, it is hereby ordered that the pleadings herein are withdrawn and that the Decision of the Court filed herein on September 15, 1975, and reported in 401 F.Supp. 962 be, and the same hereby is, vacated, set aside, and expunged. It is further ordered that the foregoing portions of this Order be p...
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ORDER The sole issue for determination in this proceeding is whether cash in the amount of $417,449 received by the Plaintiff, Man-dell Shimberg, Jr., 1 on December 9, 1970 in connection with the merger of LaMonte-Shimberg Corporation into MGIC Investment Corporation is taxable as proceeds from the sale of a capital asset, entitled to long-term capital gain treatment for federal income tax pu...
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MEMORANDUM OPINION Motion for Reduction of Sentence I. This cause is before the Court on defendant’s motion for a reduction of sentence pursuant to Rule 35 F.R.Crim.P. On December 2, 1974, this Court sentenced defendant to a prison term of one year after a jury found him guilty of subscribing to a false income tax return for 1969 by under-reporting his gross income, in viola...
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415 F.Supp. 837 (1976) Albert J. OTTO and Southern Marketing, Inc. v. CITIES SERVICE COMPANY. Civ. A. No. 76-0416. United States District Court, W. D. Louisiana, Shreveport Division. July 1, 1976. *838 *839 T. K. Giddens, Jr., John L. Schober, Jr., Feist, Schober & Howell, Shreveport, La., for plaintiffs. Marlin Risinger, Jr., Blanchard, Walker, O'Quin & Roberts, Shreveport, La., for defe...
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MEMORANDUM This is an action brought under 28 U.S.C. § 2255 by a plaintiff whom I sentenced on March 3, 1975 to a committed treatment program under the Federal Youth Correetions Act, 18 U.S.C. § 5010(b), after he pleaded guilty to armed bank robbery. Basically, the plaintiff requests that I vacate his sentence because of fundamental errors made by me at the time of imposition. Specifically, he all...
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This Court is confronted at this time with four motions for protective orders and for orders to compel testimony from witnesses. Federal practice since 1938 has been somewhat revolutionized by the Federal Rules of Civil Procedure. These rules are designed and intended to provide for a better understanding and to receive a broader range and scope of application in furtherance of their announced pur...
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OPINION Plaintiff Diana L. Spirt (“Spirt”) moves for class action certification pursuant to Rule 23, Fed.R.Civ.P. Defendants Teachers Insurance and Annuity Association of America (“TIAA”) and College Retirement Equities Fund (“CREF”) cross-move for an order pursuant to Rule 56, Fed.R.Civ.P., granting partial summary judgment in their favor and for an order pursuant to *1020 R...
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The plaintiff on April 6, 1976 instituted the above entitled action in the Supreme Court, County of Suffolk, State of New York. It was removed to this Court. It is alleged that the plaintiff’s reinstatement of employment is sought together with damages. The plaintiff, an engineer aboard train No. 268 alleges that he was proceeding eastbound to his destination in Ronkonkoma. The train eventually ar...
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OPINION The defendants have moved to suppress the fruits of state and federal wiretaps obtained pursuant to eight state and three federal orders essentially on the grounds that the state tapes were not sealed “immediately” upon the termination of the taps and that the federal taps were derived from the state taps. The claim is also made that the affidavits submitted by an FBI agent as par...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW INTRODUCTION Having exhausted the Administrative procedure, the plaintiff, a black male employee of the Federal Government, charging employment discrimination, brought this action alleging violations of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-16(c) and 2000e-5(e); the Civil Rights Act of 1866, 42 U.S.C. § 1981; and the Civil...
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MEMORANDUM AND ORDER This is a most unfortunate case, in which the law dictates a particular result despite clear equities to the contrary. Much as I disagree with the law, at least as applied to this particular case, I cannot reject it, nor prevent the *164defendant herein from potentially receiving a windfall gain. The material facts are not in dispute: On May 7, 1973, plaintiff Barclays Bank In...
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This is an action brought by plaintiff General Communications Engineering, Inc. *278 (hereafter “G.C.E.”) against defendant Motorola Communications and Electronics, Inc. (hereafter “Motorola”) alleging violations of section 2 of the Sherman Act, 15 U.S.C. § 2, the California Cartwright Act (Business & Profession Code §§ 16750 et seq.), and § 3369 of the California Civil Code and ot...
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS OR FOR SUMMARY JUDGMENT This is a suit for wrongful death brought under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. The United States has filed a motion to dismiss or for summary judgment based on plaintiffs’ alleged failure to comply with the administrative claim requirements of 28 U.S.C. § 2675(a). 1 By l...
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OPINION This case presents the question whether a District Court may abstain from the exercise of jurisdiction in an action for inverse condemnation, challenging the authority of a municipality to rezone lands specified for industrial use to a designation of open *574space. Because the federal constitutional issues raised might be mooted by a state court determination of applicable state law, and...
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MEMORANDUM OPINION This is a private antitrust suit for treble damages brought under Sections 4 and 16 of the Clayton Act, 15 U.S.C. §§ 15 and 26. Plaintiffs are two franchise Chrysler dealers located in Yonkers, New York, and Metropolis, Illinois. They sought to litigate this ease as a class action, and we conditionally certified the class on July 11, 1972. However, upon reconsideration,...
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MEMORANDUM AND ORDER The Court has consolidated these two suits for decision of the issues common to them. The first, District of Columbia v. Landmark Services, Inc., C.A. No. 75-1798, was originally brought by the District of Columbia and Mayor Washington against Landmark Services, Inc. (“Landmark”) in D. C. Superior Court, but the defendant had it removed here under 28 U.S.C. § 1442(a)(1) (1970...
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*760 MEMORANDUM AND ORDER The plaintiffs in this case, Almay, Inc., and Clinique Laboratories, Inc., are manufacturers of various cosmetic products. They have brought this action under 5 U.S.C. § 706 to set aside a rule promulgated by the Commissioner of the Food and Drug Administration (hereafter “Commissioner”) on grounds that the rule is arbitrary and capricious. Although there was origina...
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MEMORANDUM AND ORDER This action is brought by ten Foreign Service employees of the Department of State or the United States Information Agency who have been or will be subject to mandatory retirement at age 60, pursuant to Section 632 of the Foreign Service Act of 1946, as amended, 22 U.S.C. § 1002 (FSA). The eleventh plaintiff is an organization purporting to represent both former and p...
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MEMORANDUM OPINION This proceeding presents a challenge to a certain Regulation 1 and Instruction 2 to the States adopted by the Secretary of Agriculture relating to the administration and implementation of the Food Stamp Program which is carried out under the authority of the Food Stamp Act. 3 The Regulation and Instruction in question relate to the procedures prescribed by the Departmen...
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ORDER This Title VII action, 42 U.S.C. §§ 2000e, et seq., is now before the court on plaintiff’s motion for relief from this court’s order of March 25, 1976, dismissing the above-titled action as barred for laches. Although plaintiff’s motion was originally filed under Rules 52(b) and 59(e), both of which were untimely, plaintiff then filed, and this court chooses to hear, its motion pursuant...
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ORDER This Title VII action, 42 U.S.C. §§ 2000e, et seq., is now before the court on plaintiff’s motion to amend this court’s order of March 25, 1975, dismissing the above-titled action as barred for laches. For the reasons discussed in today’s order in EEOC v. Moore Group, Inc., No. C75-1029A, 416 F.Supp. 1002, this court now' declines to hold that laches is av...
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ORDER This is an action for damages predicated upon defendant’s alleged willful and negligent violations of the Fair Credit Reporting Act of 1970,15 U.S.C. § 1681, et seq. Jurisdiction is allegedly predicated upon 15 U.S.C. § 1681p. The action is presently before the court on defendant’s motion for summary judgment. Most of the material facts are not disputed. On or about January 26,1974, p...
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ORDER Plaintiff has brought this action for age discrimination, pursuant to 29 U.S.C. §§ 621, et seq., for general and punitive damages and injunctive relief. The case is currently before the court on defendant’s motion to strike the claim for general and punitive damages, defendant’s motion to disqualify plaintiff’s attorneys, and plaintiff’s motion to compel discovery. This district has r...
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MEMORANDUM AND ORDER Hard on the heels of the landmark decision in Ernst & Ernst v. Hochfelder (1976) 425 U.S. 185, 96 S.Ct. 1375, 47 L.Ed.2d 668, we are called upon to apply its reasoning to a garden-variety customer-broker suit. Because the complaint — although purporting to state claims of fraud under section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934 (herei...
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*237 MEMORANDUM OF DECISION AND ORDER Defendant moves to dismiss the complaint on the ground that the court lacks subject matter jurisdiction, F.R.C.P. 12(b)(1). 1 For the purposes of this motion, the court assumes the material allegations of the complaint to be true. THE COMPLAINT The lengthy complaint (consisting of more than thirty pages (99 paragraphs))...
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The petitioners apply to this Court for a Writ of Habeas Corpus whereby they seek an order, directing the respondent to place Cheryl and Patricia Wallace as foster children in the home of the petitioners, Dorothy and George Lhotan, or, in the alternative, directing respondent to discharge the children from custody so that they may live with the petitioners. The respondent moves to dismiss the p...
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This is an application pursuant to Rule 23(e) of the Federal Rules of Civil Procedure for approval of a proposed settlement of a class action. The merits of the plan are vigorously pressed by counsel for the plaintiff class and defendants and are challenged with equal strength by various objectors, some of whom have an interest in two similar suits currently pending in the Illinois state and fe...
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MEMORANDUM This diversity action arises out of the discharge of the plaintiff, Robert I. Lauter, from his position as President of the New York Division of the defendant W & J Sloane, Inc. (Sloane). Lauter sues Sloane for breach of an alleged three year employment contract (Complaint, ¶¶ 13-21) and asserts a separate claim against Sloane’s two parent corporations, City Stores, Inc. (City ...
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MEMORANDUM DECISION AND ORDER Named plaintiffs, parents whose children attend day care centers funded under Title XX of the Social Security Act (42 U.S.C. § 1397 et seq.) suing on behalf of themselves and all others similarly situated, seek a preliminary injunction staying the Agency for Child Development (“ACD”) and the other defendants from totally defunding forty-nine (49) d...
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OPINION The plaintiffs appeal from a ruling by the Bankruptcy Judge that the plaintiffs’ judgment debt against Stanley Harris, the de *240 fendant-bankrupt, for breach of a fiduciary duty was dischargeable in bankruptcy. Before his adjudication as a bankrupt, Harris was engaged in many businesses. One of them, International Realty, Ltd. (International), specialized in ta...
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MEMORANDUM OPINION FINDINGS OF FACT AND CONCLUSIONS OF LAW This suit was originally brought in the state court and thereafter removed to this court by the defendant because of diversity of citizenship and a claim for an amount in excess of ten thousand ($10,000) dollars exclusive of interest and costs. This court has original jurisdiction under 28 U.S.C. § 1332. The complaint is in f...
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OPINION The United States brought this action against the defendants, Robert and Edith Skalsky, pursuant to Section 7401 of the Internal Revenue Code of 1954, 26 U.S.C. § 7401, for alleged unpaid tax liabilities which are in excess of $400,000.00, for the years 1961, 1962 and 1964. Jurisdiction was grounded upon 28 U.S.C. §§ 1340, 1345, and 26 U.S.C. § 7402. We entered summary judgment against de...
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OPINION AND ORDER Mackey Raymond Choice was convicted by a jury of five counts of bank robbery and conspiracy (18 U.S.C. §§ 2113(a), (b), (d) and 371). He was sentenced by us on April 28, 1975, to a general sentence of twenty years on the substantive counts (II-V), and placed on probation for five years on the conspiracy count (I), with probation to run consecutively with the term of imprisonment...
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MEMORANDUM Plaintiffs brought this products liability action to recover for personal injuries suffered in an industrial accident involving a metal chopping machine manufactured by the Yoder Company (“Yoder”). Relying on the theory of strict liability as contained in § 402A of the Restatement (Second) of Torts (1965), 1 plaintiffs alleged that the chopping machine was defective in design and...
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OPINION This case involves the duty imposed by a lease which makes the owner responsible to keep the premises in “good repair and ten-antable condition” and permits the withholding of rent if they become “unfit” for their intended use. The lessee in question is the United States which has used the property as a post office for 19 years. When the owner refused to paint the building, the Po...
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OPINION This case comes before the court pursuant to 28 U.S.C. § 2255 on petitioner’s motion to vacate the conviction which was entered following his plea of guilty to the charge of wilfully attempting to evade the payment of income taxes for the year 1971. *388 Three 1 grounds are advanced in support of the motion. After carefully considering the evidence adduced at the hearing, the memo-r...
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MEMORANDUM AND ORDER We have before us a motion by the plaintiff to remand this case to the Court of Common Pleas of Philadelphia County, Pennsylvania, where it was originally commenced on January 20, 1976. Because we have determined that the case was properly removed by the defendant pursuant to 28 U.S.C. § 1441, the plaintiff’s motion will be denied. The procedural history of this ...
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DECISION AND ORDER This is an action to enforce the personal guarantee of the defendant David C. *571Schaack for the payment of a certain corporate obligation more fully described below. This court’s jurisdiction is invoked upon the diverse citizenship of the parties pursuant to 28 U.S.C. § 1332, the amount in controversy being in excess of $10,000.00. The case is presently before the court on de...
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DECISION AND ORDER ON MOTION FOR SUMMARY JUDGMENT On June 5, 1974, Plaintiff Wisdom Rubber Industries, Inc. (“Wisdom”) filed this antitrust action against defendant Johns-Manville Sales Corporation (“Johns-Man-ville”) alleging a conspiracy in restraint of trade and an attempt to monopolize the sale of plastic pipe and sprinkler fixtures for irrigation in the State of Hawaii, in violation ...
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*45 MEMORANDUM OPINION This is an action under the provisions of 49 U.S.C. §§ 781-788 and 21 U.S.C. § 881, et seq., for forfeiture of a motor vehicle, one 1973 Dodge Van, VIN B21AE3X095937, bearing 1973 Michigan License Number 4037 EU. The Complaint alleges That on or about November 19, 1973, the Defendant, one 1973 DODGE VAN, was used to facilitate the transportation, concealment, receipt,...
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MEMORANDUM AND ORDER Plaintiff was injured when the track of his snowmobile became disconnected from the snowmobile and struck him in the leg. Plaintiff initiated an action against the corporations that manufactured the track and the snowmobile, both from Japan, and the California corporation that distributes the snowmobiles in the United States. The issue before the court is whether this...
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416 F.Supp. 997 (1976) Gloria DAVIS, Plaintiff, v. HELLMUTH, OBATA & KASSABAUM, INC., Defendant. No. 74-728C(1). United States District Court, E. D. Missouri, E. D. June 29, 1976. Arnold T. Phillips, Clayton, Mo., Rita M. Montgomery, Whitfield, Montgomery & Walton, St. Louis, Mo., for plaintiff. Lawrence J. Fleming, London & Greenberg, St. Louis, Mo. for defendant. FINDINGS OF FACT AND CONCLUSIO...
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OPINION Plaintiff John Brady (“Brady”), an alleged purchaser of securities of SaCom, a California corporation specializing in the development and manufacturing of electronic equipment for the communications and public safety markets, brings this action on behalf of all purchasers of securities of SaCom during the period from February 1, 1972 to May 1, 1973 alleging a scheme, joined in by all defe...
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OPINION This case is presently before a statutory three-judge court convened pursuant to 28 U.S.C. §§ 2281 and 2284. Once more we are required to consider the due process nuances of Bell v. Burson, 402 U.S. 535, 91 S.Ct. 1586, 29 L.Ed.2d 90 (1971). References to the flexible concepts of due process of law contained therein as applied to varying situations appear in Goss v...
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MEMORANDUM AND ORDER Before us is a challenge by the plaintiffs, 1 (airlines), to certain rates and charges imposed by defendant, (City), for the use of facilities at the Philadelphia International Airport and North Philadelphia Airport. The airlines contend that the rates imposed by the City, under Airport Rates and Charges Regulation No. 1, are confiscatory, discriminatory, an unauthorized ...
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MEMORANDUM AND ORDER This is an appeal in bankruptcy of an order entered by the Honorable E. H. Patton, Jr., Bankruptcy Judge, on July 3, 1974, denying bankrupt-appellant’s motion that appellees, a secured creditor and its attorney, be found in civil contempt for alleged violations of the Bankruptcy Court’s Order *993 of Discharge. The question raised is whether appellees, by...
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MEMORANDUM OPINION In this proceeding, the plaintiff, West Helena Savings & Loan Association (WHSLA), filed petition for judicial review of the decision of the defendants, Federal Home Loan Bank Board and Federal Savings and Loan Insurance Corporation, denying the plaintiffs applications for insurance of accounts by the Federal Savings and Loan Insurance Corporation (FSLIC) pursuant to Ti...
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MEMORANDUM AND ORDER This is an action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 (1970), as amended, (Supp. IV, 1974). The plaintiffs are an individual person and two citizen groups, all from Tennessee. The defendants are the Tennessee Valley Authority (“TVA”), a federal government corporation based in Knoxville, Tennessee, and R. Lynn Seeber, the corporatio...
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*823 MEMORANDUM OPINION Plaintiff Marguerite Rusnak seeks judicial review pursuant to 42 U.S.C. § 405(g) of a final decision by the Secretary of Health, Education, and Welfare rejecting her claim for disability insurance benefits under 42 U.S.C. §§ 416 and 423. Plaintiff’s efforts to obtain disability insurance benefits began more than four years ago when she filed an application for disabi...
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MEMORANDUM AND ORDER This is a criminal action wherein the defendants ROBERT EUGENE BLACK, individually and in his official capacity as President of Alternate Systems, Inc., and ALTERNATE SYSTEMS, INC., are charged by information with the establishment of a private express for the conveyance of letters in violation of 18 U.S.C. § 1696. Defendants filed a motion to dismiss the informa...
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OPINION Defendants Brock Bobisink and Frederick Moore, along with a third co-defendant, 1 are charged in a four-count indictment with conspiring to manufacture a controlled substance, manufacturing a controlled substance, conspiring to distribute a controlled substance and possession with intent to distribute a controlled substance. 21 U.S.C. §§ 841(a)(1) and 846, and 18 U.S.C....
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OPINION This action seeks review of the decision of defendant Coomey, District Director of the Immigration and Naturalization Service (INS), as affirmed by the Board of Immigration Appeals, denying plaintiff Georgios Manarolakis, a native of Greece, an adjustment of immigration status which would permit him to remain in this country. See 8 U.S.C. § 1329. Plaintiff Georgios...
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MEMORANDUM Esther Solin sues the State University of New York (SUNY) on behalf of herself and others under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., and 42 U.S.C. § 1981. She alleges that SUNY has engaged in a widespread policy of discrimination against Caucasian female applicants for employment and Caucasian female employees “. . .in positions involving teaching,...
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Mine Safety Appliance Company and Energetics Science, Inc. are competing producers of carbon monoxide detection and monitoring equipment which make on-the-spot measurements of carbon monoxide in a particular area. Mine Safety’s product, the “Model 70,” is a compact, portable device which was introduced approximately in June, 1975. Energetics for some time be *531 fore that date mar...
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MEMORANDUM AND ORDER Defendant Village Voice, Inc., moves for summary judgment of this libel action brought by plaintiff R. Spencer Oliver. On this motion, I have before me the depositions of the principal participants in the case. This action arose from an article written in The Village Voice by Ron Rosenbaum, then a staff writer, entitled, “What Were They Hoping to Hear on Larry O’...
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Memorandum Anteo Shipping Company, Limited (“Anteo”) petitioned the New York State Supreme Court for a stay of arbitration proceedings demanded by Sidermar S.p.A. (“Sidermar”). Sidermar removed the proceeding to this Court, and cross-petitioned for an order directing Anteo to proceed to arbitration. In its cross-petition, Sidermar also prays that New England Petroleum Corporation (“Ne...
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MEMORANDUM OPINION On Saturday, April 1, 1972, at approximately 6:45 P.M., James B. Neal was operating a 1971 Toyota Corolla automobile in a northerly direction on the causeway leading from Atlantic Beach to Morehead City in Carteret County, North Carolina. The other passengers in the automobile were Andrea Nickels Neal, Duncan Stephenson, and Kathleen Anne Wrenn, the owner of the automob...
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ORDER Plaintiffs bring this action to redress alleged violations of the Labor-Management Reporting and Disclosure Act, 29 U.S.C. § 401 et seq., by the Defendants. Jurisdiction is alleged to exist pursuant to 29 U.S.C. §§ 412 and 501(b). Plaintiffs allege that they are members of the Oklahoma City, Oklahoma Area Local of the American Postal Workers Union (Union); that the Defendants are officers o...
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OPINION Before WRIGHT, Circuit Judge and TAYLOR and THOMPSON, District Judges. In this Section 1983 action [42 U.S.C. § 1983], plaintiff challenges the constitutionality of certain Oregon statutes, Supreme Court rules, and requirements of the state’s Board of Bar Examiners, pertaining to application for admission to the Oregon State Bar. The facts are not in dispute. Plaintiff resides part-time on...
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OPINION This labor case, brought pursuant to Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185, involves the basic question of whether the defendants are obligated to pay into the pension fund that is administered by plaintiffs pursuant to the 1971 coal wage agreement. Much of the factual background is not in dispute; thus, the following account, submitted by stipulatio...
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OPINION This is an action by local union officers and other members against their local and international union brought under the Labor-Management Reporting and Disclosure Act (hereinafter “LMRDA”), 29 U.S.C. § 401 et seq. Two plaintiffs were officers who were removed from office after a trial in accordance with the union constitution. The decision of the union’s International ...
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MEMORANDUM AND ORDER OF DISMISSAL There is now before the Court Defendant’s Motion to Dismiss of 23 March 1976. *57 This motion came on for hearing before the Court on oral argument on 10 June 1976. In addition to oral argument, the Court has before it several briefs and memoranda filed by all present parties to this action. Having carefully considered all these sources of le...
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MEMORANDUM OPINION On December 10,1973, the defendant and movant herein, Robert A. Sutton, was convicted following a jury trial before this Court of a single count of conspiracy to distribute heroin, see 21 U.S.C. §§ 841(a), 846. The judgment of conviction was thereafter affirmed by the court of appeals, 167 U.S.App.D.C. 210, 511 F.2d 448 (1975), and defendant’s petition for certiorari wa...
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Memorandum I. Plaintiff Libby A. Shaver, Administratrix of the Estate of Robert D. Shaver, brought this suit against defendants Thomas F. Erickson, Goldman, Sachs & Co., and a yacht, the Outward Bound, pursuant to the Jones Act, 46 U.S.C. § 688, to recover for the conscious suffering and death of her husband, Robert D. Shaver. The issue before the court, arising from a controversy concerning prod...
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ORDER This matter is before the court on petitioner’s resisted motion for partial summary judgment, filed January 27, 1976. Petitioner Ellsworth Youngbear commenced this action for writ of habeas corpus pursuant to 28 U.S.C. § 2254, contending that he is being held in custody by the State of Iowa in violation of the United States Constitution. Specifically, petitioner avers that he w...
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OPINION AND ORDER OF THE COURT In this action, plaintiff Local 1574, International Association of Machinists and Aerospace Workers, (“the Union”) seeks to enforce the alleged right of its members pursuant to a collective bargaining agreement between the Union and defendant Gulf & Western Manufacturing Co. (Eastern Group) (“G & W”) to receive retirement benefits over and above those provid...
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416 F.Supp. 972 (1976) Larry THOMPSON, Plaintiff, v. McDONNELL DOUGLAS CORP., Defendant. No. 74-454 C (1). United States District Court, E. D. Missouri, E. D. June 25, 1976. *973 *974 *975 Louis Gilden, St. Louis, Mo., for plaintiff. Francis M. Gaffney, Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., for defendant. FINDINGS OF FACT AND CONCLUSIONS OF LAW MEREDITH, Chief Judge. Plaintiff...
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417 F.Supp. 202 (1976) Anne FARRIS, Plaintiff, v. BOARD OF EDUCATION OF the CITY OF ST. LOUIS, Defendant. No. 75-230C(1). United States District Court, E. D. Missouri, E. D. June 25, 1976. *203 Clyde C. Farris, Jr., Whaley & McAuliffe, Clayton, Mo., for plaintiff. Thomas E. Tueth, Lashly, Caruthers, Thies, Rava & Hamel, St. Louis, Mo., for defendant. MEMORANDUM MEREDITH, Chief Judge. Pla...
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MEMORANDUM AND ORDER DENYING PETITIONER’S MOTION TO VACATE, SET ASIDE OR CORRECT ORDER DISMISSING WITHOUT PREJUDICE On May 17, 1976, the Court directed that respondent reply to petitioner’s motion to vacate, set aside or correct the order denying the petition for writ of habeas corpus without prejudice for failure to exhaust available state court remedies. Respondent has now filed its reply which ...
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MEMORANDUM AND ORDER GRANTING HABEAS CORPUS RELIEF I. This is the third time this state prisoner habeas corpus case has been before this Court. In Garton v. Swenson (W.D.Mo.1967), 266 F.Supp. 726, we granted federal habeas corpus relief because petitioner had been denied his right to counsel on direct appeal and because he had been denied a postconviction evidentiary heari...
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ORDER The plaintiff has filed herein an Amended Complaint in which he contends that the defendants have committed acts which violate various Civil Rights Statutes, 42 U.S.C. §§ 1983, 1985 and 1986. He asserts that jurisdiction arises under 28 U.S.C. § 1343(3) and (4). Defendants have filed Motions to Dismiss or for Summary Judgment to plaintiff’s Amended Complaint. The plaintiff has respo...
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MEMORANDUM AND ORDER The parties to this lawsuit are rivals in the manufacture and sale of mechanical penny banks. Each claims that its products are faithful reproductions of original cast-iron banks — now collectors’ items — which were introduced in the United States shortly after the Civil War and remained popular through the early 1900s. John Wright, Inc. is the senior of the two compe...
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MEMORANDUM AND ORDER This is a suit to review the final decision of the Secretary of Health, Education and Welfare denying Walter Leskosky’s claim for black lung benefits, pursuant to section 411(a) and 412(a)(1) of the Federal Coal Mine Health and Safety Act of 1969, (hereinafter, Act) 30 U.S.C.A. §§ 921(a) and 922(a)(1). Presently before the Court are cross-motions for summary judgment. The cent...
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OPINION On July 11, 1975, the plaintiff Toward a Gayer Bicentennial Committee (the Committee) submitted a proposal to the defendant Rhode Island Bicentennial Commission (the Commission) describing plans for a “Congress of People With Gay Concerns,” a “Gay Pride Parade,” and a midnight Prayer Vigil, all to be held on June 26,1976, during National Gay Pride Week. The Committee sought to have thes...
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MEMORANDUM This action was brought by L.O.C. Industries, Inc. (hereinafter referred to as L.O. C.), for a preliminary and permanent injunction to restrain the United States from conducting a second examination of L.O.C.’s books and records, and to require the United States to return monies seized by levy on L.O.C.’s bank account, pursuant to a jeopardy termination of L.O.C.’s tax year. On...
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MEMORANDUM OPINION AND ORDER OF DISMISSAL The motion to dismiss filed by the defendant Associated Milk Producers, Inc. (AMPI) came on for consideration before the Honorable Robert M. Hill, United States District Judge. After consideration of the motion and the lengthy arguments of counsel, the court is of the opinion that the motion should be sustained. The question presented in the motion is...
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MEMORANDUM Associated Dry Goods Corporation (hereinafter “Associated”) brings this civil action against the Equal Employment Opportunity Commission (hereinafter “Commission”) for declaratory, injunctive and other relief. Specifically, Associated seeks to prevent the EEOC from permitting the disclosure to potential litigants of information which the EEOC has subpoenaed from Associated’s Ho...
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OPINION AND ORDER Facts An indictment was returned against the above-named defendants in this case on February 20, 1976, charging them with the substantive offense of armed bank robbery under 18 U.S.C. § 2113(a), involving a robbery of the Poplar Branch of the National Bank of Commerce of Superior, Wisconsin, on or about January 29, 1976. On May 27, 1976, an indictment was return...
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MEMORANDUM AND ORDER This is a civil action to obtain a patent for an apparatus and method for dealing with burglars. After the Board of Appeals of the United States Patent and Trademark Office affirmed the Patent Examiner’s rejection of certain claims as unpatentable under 35 U.S.C. § 103 in view of the prior art, plaintiffs came to this Court for trial de novo as provided in 35 U.S.C. § 145. Pla...
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ORDER DENYING PRELIMINARY INJUNCTION Plaintiff corporation conducts a business school which trains students to operate stenotype machines for employment as court and conference stenotype reporters; it is a private proprietary school which offers a two-year, non-degree granting program. Defendant association is the accrediting agency officially recognized by the United States Commissioner of Edu...
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MEMORANDUM AND ORDER This matter is before the Court for a decision upon the merits. The defendant has waived his constitutional right to a trial by jury, and the Court being fully advised of the premises hereby makes the following findings of fact and conclusions of law. Findings of Fact 1. The defendant, John E. Mahon, III, became addicted to heroin during a tour of duty in the Armed Services ...
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MEMORANDUM AND ORDER Plaintiff, a longshoreman employed by a stevedore, was injured while working aboard a vessel owned by the defendant. The stevedore had paid $15,488.31 for medical and other expenses of the plaintiff and had a lien for that amount on any recovery by the plaintiff. Plaintiff was awarded $5,000.00 by the jury. Counsel for plaintiff moved to be awarded a fee out of t...
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MEMORANDUM AND ORDER Plaintiffs seek leave, pursuant to Rule 23(b)(3) to proceed as a class action on behalf of all persons who purchased New York City general obligation bonds between May 1, 1974 and September 30, 1975.* This *552is a companion action to Friedlander v. City of New York,** in which, on the basis of similar allegations, plaintiffs were granted the right to represent a class of pur...
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MEMORANDUM AND ORDER This is an appeal from an order of the Bankruptcy Court denying the Government’s motion to dismiss. This Court finds the ruling of the Bankruptcy Judge proper and affirms its decision. The bankrupt, Benjamin Epstein, filed an application with the Bankruptcy Court to determine the dischargeability of a debt allegedly owed to the Internal Revenue Service. Notice of Trial wa...
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MEMORANDUM AND ORDER Holliday’s Tax Services, Inc. is a corporation, wholly owned and controlled by Coniel L. Holliday. Both the corporation and Mr. Holliday individually have filed petitions for arrangement pursuant to Chapter XI of the Bankruptcy Act. Mr. Holliday, who is not a lawyer, attempted to appear both on his own behalf and on behalf of his corporation because neither he nor the...
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*458 MEMORANDUM AND OPINION On May 20, 1976 the plaintiff, Darin & Armstrong, Inc. [hereinafter Darin], initiated this action under 5 U.S.C. §§ 701-706 to obtain judicial review of a final order 1 issued by the Regional Administrator of the United States Environmental Protection Agency, Region V [hereinafter EPA] concerning a bid protest prosecuted by defendant Blount ...
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ORDER Plaintiff brings this action for the redress of damages which he allegedly sustained as a result of an unlawful levy and other actions by the Defendants. Defendants have moved to dismiss the action for failure to state a claim for which relief can be granted. This Court has converted the Motion to Dismiss into a Rule 56 Motion for Summary Judgment pursuant to Rule 12(b), Fed.R .Civ.P. Plain...
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OPINION The availability of a federal forum for trial of a counterclaim rooted in state law but arising out of the same transaction or occurrence that is the basis of plaintiff’s federal cause of action is an increasingly difficult problem in this era of proliferating consumer class litigation. On one hand, the language of Rule 13(a) of the Federal Rules of Civil Procedure 1 ...
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MEMORANDUM OPINION AND ORDER This is an action to recover money damages for the alleged deprivation by the defendant of the plaintiff’s federal civil rights. 42 U.S.C. § 1983. The Court’s jurisdiction was invoked* under 28 U.S.C. § 1343(3). The defendant moved for a dismissal of the action for lack of the Court’s jurisdiction of the subject matter, Rule 12(b)(1), Federal Rules of Civil Procedure, ...
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The Trustees of the property of the Penn Central Transportation Company (PC), of the Erie-Lackawanna Railway Company (EL) and of the Lehigh Valley Railroad Company (LV) have petitioned us to require ConRail to assume the obligations of these carriers under non-contributory group life insurance policies for employees not covered by collective bargaining agreements (non-agreement employees).1 The pe...
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RULING ON MOTION TO INTERVENE The United States has brought this action seeking to foreclose a mortgage currently held by the Secretary of the Department of Housing and Urban Development. The defendant, Dixwell Housing Development Corporation, is a non-profit corporation organized under the laws of Connecticut, and is allegedly bankrupt. The property subject to the mortgage is a multifamily dwell...
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OPINION This suit arises from injuries sustained in the collision of the Yacht Lotus (“Lotus”) and the S.S. American Legend (“Legend”), a steam vessel owned and operated by the United States Lines, Inc. (“U.S. Lines”). Actions were filed by the owner of the sailing yacht, Dr. Joseph David Linehan, Jr., (“Dr. Linehan”), and his father Captain Joseph David Linehan, Sr. (“Capt. Linehan”), ag...
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DECISION AND ORDER Plaintiff, Secretary of Labor, on behalf of eight individuals, seeks to enjoin defendant Hawaiian Telephone Co. (hereinafter referred to as “Hawtel”) from violating the provisions of § 4 of the Age Discrimination in Employment Act (hereinafter referred to as “ADEA”) of 1967, 29 U.S.C. § 621 et seq., and of § 15 of the Fair Labor Standards i Act of 1938, as amended, 29 U.S.C...
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This case involves a novel question of the extraterritorial application of Iowa’s Dram Shop Act. 1 The matter is presented to the Court by way of the defendant’s motion to dismiss pursuant to Rule 12(b), Federal Rules of Civil Procedure. Factually, this case developed as follows: The plaintiffs, John and Mayleen Bankord, husband and wife, are residents and citizens of Minnesota....
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Defendant moves to dismiss for failure to state a cause of action in this diversity suit brought under the Louisiana Bulk Sales Law, L.S.A.-R.S. § 9:2961, et seq. Plaintiff obtained a state court judgment for $11,-273.11 against Corporation Data Service, Inc., hereinafter Corporation Data, which subsequently sold all of its assets to the defendant. This motion raises the issue o...
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OPINION The Court faces a constitutional challenge to a New Jersey Court Rule which requires, inter alia, graduation from an accredited college as one prerequisite to taking the New Jersey Bar Examination. 1 Plaintiff has instituted this action pursuant *328 to 42 U.S.C. § 1983 seeking declaratory and injunctive, relief. 2 Subject matter juris...
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OPINION Petitioner, David Mitchell, alleging several constitutional deficiencies in his trial and subsequent conviction of robbery in the first degree, grand larceny in the third degree, burglary in the second degree, possession of a weapon, and criminal trespass in the first degree, seeks a writ of habeas corpus. In a memorandum decision of January 13, 1976, we dismissed Mitchell’s Eighth Amen...
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MEMORANDUM AND ORDER These actions are before the Court on the motion of defendant Nash to suppress incriminating statements made by him during an interview on February 23, 1976 with Dennis A. Schreck, a special agent of the Federal Bureau of Investigation (FBI). Defendant has alleged that these oral state *1215 ments were obtained in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. ...
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MEMORANDUM OPINION Plaintiff, owner of a root beer stand in Denison, Texas, brought suit against A & W Distributing Company and A & W International, Inc. to enforce certain terms of its license contract. The agreement, in its relevant part, 1 purported to give the plaintiff the exclusive right to sell A & W Root Beer in fountain drink form in Denison, while the defendants agree...
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MEMORANDUM OPINION AND ORDER Defendant, United States Postal Service [hereinafter referred to as “Postal Service”], has filed a Motion to Dismiss on the ground that the wages of Postal Service employees are not subject to garnishment. Plaintiff received a judgment in his favor against defendant Howard E. Eaves in the amount of $1,372.46 together with interest, attorney’s fees and costs in...
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MEMORANDUM This matter is before the Court once again for a determination of the issue of counsel fees, if any, to be assessed against the defendant. The background of this litigation brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. and § 1 of the Civil Rights Act of 1866, 42 U.S.C. § 1981, has been previously dealt with by the Court in its Memorandum of Marc...
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DECISION AND ORDER This is a copyright infringement and unfair competition case in which this Court entered a final decree and order of injunction on November 10,1975. The decree and order was entered as the result of settlement discussions had between the parties which terminated in an apparent agreement. The Court’s order provided, inter alia, that defendant pay plaintiff’s taxable costs, i...
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*337 MEMORANDUM OPINION AND ORDER This pro se action is brought under 42 U.S.C. § 1983 and arises out of the plaintiff’s arrest by Milwaukee police detectives on February 11,1972. The arrest was made by police officers of the City of Milwaukee, but took place in the City of Wauwatosa. The complaint originally named as defendants the cities of Milwaukee and Wauwato-sa, ...
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ORDER This matter came on to be heard by the Court on the motion of the plaintiff, Bender Welding and Machine Company, Inc., (Bender), for distribution of proceeds from the sale of the M/V SOVEREIGN OPAL and her equipment which was sold at public auction on December 5, 1975, for the payment of her debts, her owners being unable to meet current operating expenses. Specifically, the plainti...
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IN PROCEEDINGS FOR AN ARRANGEMENT UNDER CHAPTER XI. OPINION AND ORDER This matter is before the court on appeal from a decision of the Bankruptcy Judge of this court, denying the right of appellant, Ingersoll Rand Company, successor in interest to Improved Machinery, Inc. (hereinafter referred to as IMPCO), to enforce its contracts with appellee, Delta Molded Products, Inc., (hereina...
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OPINION This is an automobile negligence action, based on diversity jurisdiction, in which plaintiff Marc Garr seeks damages for injuries resulting from a collision between his car and a tractor-trailer driven by defendant John O. Clayville. Presently before the Court are two motions, one by plaintiff Garr seeking to amend his complaint, and the other by the Home Indemnity Company, plaintiff’s au...
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ORDER This action arises under the Fifth and Fourteenth Amendments to the Constitution of the United States. The plaintiffs and the class which they propose to represent are all real and personal property owners in Douglas County, Georgia, who have been subjected to claims for ad valorem tangible property taxes. The defendants are certain local county officials and the State Revenue Commi...
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MEMORANDUM OF DECISION This action was tried to a jury at Aberdeen, Mississippi on February 3, 1976. The *36case was submitted on a general verdict, and the jury found for the defendants. The clerk entered final judgment on the verdict in favor of the defendants on February 4, 1976. Plaintiff’s motion for judgment notwithstanding the verdict, or in the alternative, for a new trial, was timely file...
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OPINION This motion for a preliminary injunction and the appointment of a temporary receiver is the opening sally in what is already a vigorously contested lawsuit. Plaintiff, the Securities and Exchange Commission (“Commission”) has brought this action alleging fraud in connection with the sale of interests in oil and gas drilling programs to public investors. It moves for a preliminary ...
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MEMORANDUM OPINION AND ORDER Plaintiff in this diversity action seeks to recover from defendants the value of an air compressor which it allegedly rented to defendants Dic-Underhill on or about August 3,1973 for their use on the construction site of the World Trade Center in New York, owned by defendant Port Authority. This compressor was not returned to plaintiff, according to defendants...
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MEMORANDUM OPINION Plaintiff, in his capacity as Public Administrator of New York County, has brought this action on behalf of the widow and relatives of the Greek decedent Dimitrios Kontos to recover damages for the wrongful death of such decedent. Plaintiff claims that while decedent was employed aboard the SS ANGELA II, he became ill and was in need of medical care and attention which was no...
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OPINION Plaintiffs, Hudson Waterways Corporation (“Hudson”) and Seatrain Lines, Inc. (“Seatrain”), seek to recover $340,000 for damages sustained by the S.S. Seatrain Ohio (“Ohio”), while the vessel was operating under a time charter with defendant, United States of America, through the Department of the Navy, Military Sealift Command. Defendant has waived its sovereign immunity and consented to ...
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MEMORANDUM AND ORDER Memorandum The plaintiffs move this Court for an order staying an arbitration demand made by the defendant as contained in Defendant’s Notice of Intention to Arbitrate, dated February 3,1976 and served on February 6, 1976. Defendant opposes plaintiffs’ motions and has cross-moved for an order compelling arbitration and for a preliminary injunction. The a...
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ORDER This matter is before the Court on a stipulation of facts and memoranda filed by counsel. In accordance with Rule 52 of the Federal Rules of Civil Procedure, the Court does submit herewith its findings of fact and conclusions of law. I FINDINGS OF FACT 1. Plaintiff Cinema Associates, Ltd., is an Ohio corporation engaged in the business of exhibiting motion pictures. S...
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ORDER The Complaint filed in this action by plaintiff, Helen Wright, alleges that she, was discriminatorily discharged by defendant solely for the reason that plaintiff is black. Plaintiff brings this action pursuant to 42 U.S.C. § 2000e et seq., 42 U.S.C. § 1981, and the Fourteenth Amendment. Plaintiff alleges jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 1331, 1343 and 2201. ...
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ORDER This matter is before the Court upon motion of the defendant to dismiss upon the ground that the Court lacks jurisdiction of the subject matter. Defendant contends that the actions have been instituted upon claims that are barred by 28 U.S.C. § 2401(b) which provides: “A tort claim against the United States shall be forever barred unless it is presented in writing to the approp...
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OPINION FINDINGS OF FACT 1. Plaintiff, Herman E. Calcóte, is a Caucasian male and was employed by the defendant, Texas Educational Foundation, Inc., at its Gary Job Corps Center at San Marcos, Texas. 2. Defendant is a non-profit corporation with headquarters and principal place of business in San Marcos, Texas and, at all times relevant to this law suit, was an employer engaged i...
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MEMORANDUM OPINION and ORDER This is a petition for a writ of habeas corpus brought by Julius Edwin Wieringo, Jr., an inmate in the Virginia State Penitentiary in Richmond. The petitioner was convicted in the Circuit Court of Bedford County on February 21, 1975 of armed robbery and sentenced to 99 years in jail. He subsequently petitioned for an appeal to the Supreme Court of Virginia alleging ...
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MEMORANDUM The City of Richmond refuses to withhold from the pay checks of its firefighters dues for their union, Local 995, International Association of Firefighters. Plaintiffs, Local 995 and selected members and officers, allege that such a policy violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and the Freedom of Association Clause of the Fi...
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ORDER Defendants Professional Office Buildings, Inc. (POB), Touche Leasing Corporation (Touche Leasing), and Arthur L. Touchet (Touchet), have moved to dismiss Count VIII of plaintiff’s Second Amended Complaint on the ground that plaintiff has failed to state a claim against them on which relief can be granted. Count VIII alleges a cause of action against the defend-' ants based on the th...
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MEMORANDUM DECISION James Stone has petitioned this Court for a writ of habeas corpus pursuant to 28 U.S.C. Section 2254. Petitioner is presently serving a six year sentence imposed upon his conviction for possession of heroin with intent to deliver. The background of this case may be briefly stated. Petitioner was arrested on February 20, 1973, on a charge of public drunkenness. A search of his p...
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*515 MEMORANDUM AND ORDER This is an action under the Truth-in-Lending Act, 15 U.S.C. § 1601 et seq. and Regulation Z of the Board of Governors of the Federal Reserve Board, 12 C.F.R. § 226.1 et seq. (1976). Plaintiff has now moved for summary judgment on counts I-IV of the complaint, each count corresponding to a separate credit transaction between plaintiff and defendant Walker-Thomas Fur...
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MEMORANDUM OF DECISION The plaintiff, Karen Brudney, a former student at Yale University, commenced this action against Peter Ematrudo, a member of the New Haven Police Department, to recover damages for a violation of her constitutional rights under 42 U.S.C. § 1983 and for assault and battery under a pendent claim based upon the law of the State of Connecticut. A bench trial was held during w...
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ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT I Plaintiff as assignee has brought this diversity action against a Georgia citizen based on two checks given by the defendant in payment of gambling transactions which occurred at Las Vegas, Nevada in 1971. Defendant has filed a motion for summary judgment on the ground that the gambling transaction involved is against the public...
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MEMORANDUM OPINION Plaintiffs brought this two-count complaint for damages under the Interstate Land Sales Full Disclosure Act, 15 U.S.C. § 1701 et seq. Count I alleges that, in connection with a sale of real property by the defendants on November 26, 1972, plaintiffs were not provided a property report before signing the contract as required by 15 U.S.C. § 1703(a)(1). Count II...
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This case is brought under the Truth-in-Lending Act, 15 U.S.C. § 1601, et seq., and Federal Reserve Regulation Z, 12 C.F.R. § 226.1 et seq. There are two motions before the Court: plaintiff’s motion to dismiss defendant’s counterclaim against him, and plaintiff’s motion for class action certification. F.R.C.P. 13 — Counterclaims Defendant alleges that plaintiff is delinquent on his Sears account i...
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*399 OPINION AND ORDER Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH S. LORD, III, STANLEY A. WEIG-EL * and ANDREW A. CAFFREY, Judges of the Panel. On February 28, 1975, Olympia Brewing Company acquired essentially all the assets of Theodore Hamm Company. Soon after this acquisition, Olympia began a large-scale...
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MEMORANDUM AND ORDER This is one of several actions instituted against the City of New York and others 1 by New York City obligation holders alleging losses stemming from the City’s fiscal *548plight.2 Plaintiffs, holders of certain New York City notes, move for class certification. They seek leave, pursuant to Rule 23(b)(3) of the Fed.R.Civ.P. to proceed on behalf of all persons who purchased an...
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This ease requires us to determine whether Chapter 507, as amended by Chapter 508, of the 1974 Laws of New York (“the statute”), which provides for reimbursement to private schools of expenses allocable to the performance of certain state “mandated” pupil testing and record keeping, is offensive to the Establishment Clause of the First Amendment. Plaintiffs, who commenced this action less than one...
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Petitioner, a federal parolee, challenges by writ of habeas corpus the failure of the Parole Board to hold a prompt revocation hearing after the issuance of a parole violator’s warrant filed as a detainer. Petitioner was sentenced to a term of five years on June 23, 1969 for uttering counterfeit money by the Federal District Court for the District of Maryland. On May 1,1972, petitioner was release...
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OPINION Defendants Manuel Francisco Padilla Martinez (“Padilla Martinez”) 1 and Estella Navas (“Navas”) have moved to dismiss the indictment against them on the grounds that they have been denied a speedy trial in violation of the Sixth Amendment of the United States Constitution, Rule 48(b), F.R. Crim.P., and the District Court’s Interim Plan Pursuant to the Provisions of the Speedy Trial Ac...
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OPINION AND ORDER Clairdale Enterprises, Inc. has brought this action against C. I. Realty Investors (CIRI), a Massachusetts-business trust created under a Declaration of Trust of November 10, 1971, and trustees of CIRI for alleged violation of Section 14(a) of the Securities Exchange Act, 15 U.S.C. § 78n(a), and similar provisions of state law. The defendants have moved to dismiss variou...
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OPINION This action was commenced against the Dutchess County Sheriff, the Head Jailer and other Jailers alleging violations of various constitutional rights as well as a violation of 42 U.S.C. § 1983. Only injunctive relief was sought. The Honorable Murray I. Gurfein, then United States District Judge, now Judge of the Court of Appeals for the Second Circuit, to whom this case was assigned hel...
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OPINION This is a class action alleging that the closing of Morrisania Hospital is racially discriminatory and seeking declaratory and injunctive relief. Plaintiffs allege that this closing violates both the due process and equal protection clauses of the fourteenth amendment as well as 42 U.S.C. § 1981 (1970). In addition, plaintiffs allege a violation of the Public Health Service Act, the Com...
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OPINION Defendants have moved for an order pursuant to rules 12 and 48 of the Federal Rules of Criminal Procedure and the Fifth and Sixth Amendments of the United States Constitution dismissing the indictment herein on the grounds (1) that the government delayed presenting evidence to the grand jury in this case for a period of one and a half years and that such delay resulted in substantial ...
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OPINION FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause is before the Court on a complaint filed by the Secretary of Labor against the Whirlpool Corporation (hereafter Whirlpool), pursuant to § 11(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 660(c)(1) (hereafter the ACT). The Secretary is seeking lost wages, expungement of written reprimands and injunctive rel...
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OPINION In this action plaintiffs attack the constitutionality of Ohio Revised Code Section 3317.06, pursuant to which certain services and materials routinely made available to students attending public schools throughout the state are made available to elementary and secondary nonpublic schoolchildren as well. This matter is before the Court on the complaint and the answers, variou...
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ORDER This is a proceeding for a writ of habeas corpus by a federal prisoner confined at the Federal Reformatory, El Reno, Oklahoma, who claims that he is entitled to his immediate release or other appropriate habeas relief because his rights to meaningful parole consideration have allegedly been infringed. Pursuant to an Order of this court the respondents have filed their Response and submitt...
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*911 OPINION The bankruptcy of the Penn Central Transportation Company has provided no dearth of business for the courts. As a result, the financial morass into which the various Penn Central companies fell has kept occupied a significant number of lawyers. Those lawyers who have prosecuted the Penn Central Securities Litigation to settlement have now petitioned for the award of ...
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MEMORANDUM This is an action brought initially by Library Publications, Inc., d/b/a “Running Press” (hereinafter “Running Press”), against Doubleday & Company, Inc. (hereinafter “Doubleday”), for a declaratory judgment pursuant to 28 U.S.C. § 2201. Running Press has been publishing a small paperback leaflet entitled “Running Press Metrics Made Simple”. Doubleday has, since at least 1960, ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW I. FINDINGS OF FACT A. Plaintiff’s Injury 1. Plaintiff injured his back on or about March 21, 1970. An employee of defendant with eighteen years seniority, plaintiff had previously injured his back in a work-related incident in 1965, and he was familiar with the procedures to be followed in reporting an injury and in applying for compe...
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MEMORANDUM AND ORDER In this patent action plaintiff Graham Engineering Corporation (Graham), a Pennsylvania corporation, originally sought damages and an injunction against all defendants based upon defendants’ alleged infringement of United States Patent No. 3,317,642, “Volume Stabilization of Molded Plastic Containers by Heating after Molding.” In 1973 defendant Kemp Products Limited (...
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MEMORANDUM OPINION The Internal Revenue Service has taken this appeal from an order of the bankruptcy court denying its motion to dismiss a complaint filed by the Bankruptcy Trustee seeking an order requiring the Peoples Bank & Trust Company of Russellville to surrender possession of the balance of the bankrupt’s account. The bankruptcy court determined that it had jurisdiction to determine the p...
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MEMORANDUM OPINION In this Freedom of Information Act (FOIA) 1 case the plaintiff, a producer for a public television station, sought to obtain the files of the Federal Bureau of Investigation (FBI) concerning certain statements made by Ruth and David Greenglass during the investigation of the Rosenberg espio *304 nage case. 2 Plaintiff’s original reques...
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*307 OPINION AND ORDER DENYING DEFENDANTS’ MOTION TO DISMISS AND GRANTING DEFENDANTS’ MOTION TO QUASH SERVICE OF PROCESS AND TO TRANSFER ACTION TO THE NORTHERN DISTRICT OF GEORGIA Plaintiff’s claim is for negligence in providing medical treatment. The defendants are a Georgia Hospital Authority and an individual doctor who resides in Georgia. The allegedly negligent treatment too...
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OPINION Plaintiff Cynthia Designs, Inc. (“Cynthia”) moves for a preliminary injunction, pursuant to 17 U.S.C. §§ 101, 112 and Rule 65(a), Fed.R.Civ.P., in these two actions for copyright infringement. Defendant Robert Zentall, Inc. (“Zentall”) cross-moves in 76 Civ. 1170 (“the Zentall action”) for summary judgment dismissing the complaint, pursuant to Rule 56, Fed.R.Civ.P. Cynthia is...
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MEMORANDUM OF DECISION AND ORDER STATEMENT OF THE CASE On May 9, 1975, the Comptroller of the Currency (Comptroller), after an adversary hearing, approved the application of Defendant First National Bank and Trust Company of Fargo, a National Banking Association (First National), to establish a branch on South University Drive in Fargo, about three miles away from its banking house. ...
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MEMORANDUM OF OPINION This case came for trial on the plaintiffs’, Benjamin and Francene Bishop’s, allegations that the defendant, William Pecsok, had denied them housing opportunities on the basis of race, thereby violating 42 U.S.C. §§ 1981, 1982, 3604 and 3617. Jurisdiction is properly invoked under 28 U.S.C. § 1343(4), see, Jones v. Mayer Co., 392 U.S. 409, 88 S.Ct. 2186, 2...
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ORDER This is the second time that this Civil Rights case has been before the Court' on a Motion to Dismiss. Plaintiff’s allegations and theories are set out in the Court’s previous order 415 F.Supp. 83 dismissing the Complaint except as to Plaintiff’s action against Defendant Snider under 42 U.S.C. § 2000e et seq. Defendant Snider has now filed herein a Motion to Dismiss for failure to state...
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MEMORANDUM Presently pending before the Court is plaintiff’s motion for summary judgment and the defendant’s response thereto. The instant action presents the issues of whether plaintiff is a holder in due course of a negotiable instrument and whether defendant has established a defense which would not entitle plaintiff to recover on the instrument. For the reasons hereinafter stated, we ...
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MEMORANDUM OPINION The defendants in the above-case have moved the court to dismiss on three grounds, only one of which requires our extended consideration here. The failure to set forth the allegations of citizenship of the parties for the purpose of diversity jurisdiction is a defect which can be cured by amendment. The motion to dismiss the wrongful death cause of action by reason of the bar...
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OPINION INTRODUCTION This action arises as a result of an alleged violation of plaintiffs’ Fifth Amendment rights. Jurisdiction was alleged in the original Complaint under Title 28 of the United States Code, Section 1346(a)(2). The defendants have moved to dismiss this action for want of jurisdiction under Rule 12(b)(1) and, for failure to state a claim upon which relief can be granted under ...
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OPINION The above entitled cause came on for trial February 25, 26, and 27, 1976. Briefs were filed and final argument was made March 3, 1976. *1300 Plaintiffs are the owners of real property interests in the vicinity of Luke Air Force Base, Maricopa County, in Arizona. Defendants are the Secretary of Defense of the United States, the Secretary of the Air Force of the United States, the C...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause came on to be heard on May 27,1976 on the Application of plaintiff for a permanent injunction on the Complaint and Supplemental Complaint filed herein and plaintiff having filed a Second Supplemental Complaint herein; that by paragraph 6 of a Stipulation and Agreement filed herein on May 27, 1976, plaintiff and defendant agreed that the Court wou...
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MEMORANDUM OPINION Before the court is respondents’ motion to dismiss a petition for habeas corpus brought by a prisoner currently serving a life sentence. Petitioner complains of certain alleged errors in his murder trial in 1961. We will treat respondents’ motion, accompanied by evidentiary matter, as one for summary judgment and grant it. Petitioner’s first contention is that several confession...
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MEMORANDUM OF DECISION The present case was commenced on or about September 23, 1974, as a declaratory judgment action pursuant to 28 U.S.C. § 2201. The original defendants were Cox Towing Corporation, John H. Cox, Mississippi Marine Transport Company, L. B. Lampton, and Southern Farm Bureau Life Insurance Company. The case was brought as an in personam action alleging the breach of a lon...
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MEMORANDUM OPINION This diversity suit was filed by Bunge against D. A. Biglane, d/b/a Scotland Plantation, for damages in the amount of $15,-100.00 which the plaintiff claims it suffered as a result of the breach of an alleged oral contract entered into between the plaintiff and the defendant on July 2, 1974 for the future delivery of 10,000 bushels of No. 1 yellow soybeans at $5.70 per ...
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OPINION This is an action brought by several local unions affiliated with the Amalgamated Transit Union. The union plaintiffs represent workers who are employed by various bus transit companies subsidized by the State of New Jersey. The complaint seeks declaratory and injunctive relief under the Supremacy Clause of the United States Constitution in an effort to prohibit officials of the State o...
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SENTENCING MEMORANDUM Defendant is being sentenced upon his plea of guilty to two counts of an 11-count indictment. The sentencing proceeding is unusual in some respects. It has been the subject of more extensive submissions, written and oral, than this court has ever received upon such an occasion. The court has studied some hundreds of pages of memoranda and exhibits, plus scores of volunteer...
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MEMORANDUM OPINION In this case involving alleged statutory copyright infringement, unfair competition, and trademark infringement, plaintiffs seek summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure on that cause of action specifically alleging statutory copyright infringement. Alternatively, they seek the continuance and extension of the temporary restraining or...
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OPINION Defendants Charles G. Bluhdorn (“Bluhdorn”) and Gulf & Western Industries, Inc. (“G & W”) move for an order denying class action certification on Count I of the First Amended Complaint in which plaintiff asserts violations of sections 10(b), 14(d) and 14(e) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78j(b), 78n(d) & 78n(e)) (the “Williams Act claim”);1 for an order pursuant to F...
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MEMORANDUM Presently before the Court is Hertz Corporation’s (“Hertz”) 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. 1 Hertz contends that plaintiff failed to timely file this action within 90 days-after s...
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MEMORANDUM Plaintiff brought this suit to obtain judicial review of a final decision of the- Secretary of Health, Education and Welfare (“Secretary”) which denied his claim for disability benefits under the Social Security Act, 42 U.S.C. § 301 et seq. The sole source of jurisdiction for a civil action challenging the denial of claimed benefits is 42 U.S.C. § 405(g). Mathe...
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ORDER OF JUDGMENT This is an action brought to recover damages for alleged violation of subchapter 4 of the Motor Vehicle Information and Cost *130 Savings Act (Public Law 92-513). 1 Plaintiff claimed (and proved) that the automobile she purchased from the defendant Carl Neal had an odometer upon which the mileage registered approximately 44,000 miles but that the ...
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MEMORANDUM OPINION AND ORDER This cause comes before the court on the motion of defendant, Eaton Corporation (“Eaton”), for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Although the defendant previously has presented a motion for summary *284 judgment in this ease, which was denied on February 3, 1975, because of a subsequent clarification of ...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on defendant’s motion to alter or amend judgment pursuant to Rule 59(d), Federal Rules of Civil Procedure. On February 5, 1976 this Court reversed an earlier order of the Bankruptcy Judge by declaring defendant’s claim discharged by operation of law. In support of its motion, defendant argues that when Section 17c(2) of the Bankruptcy...
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ORDER This case involves the issue of whether the United States Postal Service is immune from properly instituted state law garnishment proceedings. On February 9, 1976, plaintiff Iowa-Des Moines National Bank caused a notice of garnishment to be served upon the Des Moines office of the Postal Service. The garnishment proceedings were based upon a judgment in the amount of $1,029.03 obtai...
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OPINION OF THE COURT AND ORDER STRIKING COUNT OF INDICTMENT Defendants in this criminal action have been charged in a thirteen-count indictment with conspiracy to mail and causing to be mailed non-mailable matter as defined and prohibited by 18 U.S.C. § 1461. The charge in issue, Count XIII, alleges defendants did knowingly cause to be delivered by mail an envelope containing a tabloid giving i...
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MEMORANDUM In this Freedom of Information Act (FOIA) action, 5 U.S.C. § 552, the plaintiff (Columbia) seeks an order compelling the defendants, United States Department of Agriculture (USDA) and Animal and Plant Health Inspection Service (APHIS), to disclose the personnel records of two former APHIS meat inspectors, Mauriello and Germano. The defendants assert that the records are exempt from dis...
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FINAL JUDGMENT OF CONVICTION ON ALL COUNTS, ORDER DENYING MOTIONS BY DEFENDANT AND GOVERNMENT TO RECONSIDER OCTOBER 3, 1975, “ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S ‘MOTION TO SUPPRESS PHYSICAL EVIDENCE,’ ” AND ORDER DENYING DEFENDANT’S MOTION TO SUPPRESS ALL OF THE GOVERNMENT’S EVIDENCE On January 23, 1975, defendant was indicted on thirteen counts of interstate transportation ...
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This action to recover for personal injuries suffered by plaintiff while serving as a seaman aboard defendant’s ship was tried before the court and a jury on December 15 and 16, 1975. Plaintiff claimed that he had been injured while chipping rust from the deck with a defective chisel gun supplied by defendant shipowner. A verdict was rendered for plaintiff in the amount of $60,000. Plaintiff now m...
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OPINION AND ORDER PRELIMINARY STATEMENT New York’s second felony offender statute (Penal Law § 70.06) provides that indeterminate sentences of specified maximum and minimum lengths must be imposed on offenders convicted of a felony for the second time. Until the statute was amended in 1975, the earlier “felony conviction” was defined to be a conviction in New York of a felony, 1 or a convic...
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OPINION . Plaintiff brought 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 granting her wife’s insurance benefits as the spouse of wage-earner Morris Black, but in less than the full amount because of benefits being paid to stepchildren of Mr. Black. Defendant moves for judgment on ...
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MEMORANDUM OPINION The defendant in this patent infringement action has moved for summary judgment, pursuant to Rule 56, Fed.R.Civ.P., on the ground that plaintiff’s allegedly infringed patent, United States Design Patent D-223,046, is invalid for obviousness. 35 U.S.C. § 103. Defendant argues that plaintiff’s patented L-shaped desk and return was anticipated both by its own “Group 45” desk serie...
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ORDER Defendants were Indicted April 6, 1976, in this case on multiple counts alleging they received, sold or disposed of certain motor vehicles which had been moved in interstate commerce knowing same had been stolen, in violation of 18 U.S.C. § 2313. On June 3, 1976 the Magistrate of this Court issued a Search Warrant directed to business premises of Defendant Aeree based on an affidavit by a...
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OPINION This is an action brought by plaintiff under the Labor Management Relations Act of 1947 (29 U.S.C. § 185) to recover compensatory and punitive damages for the defendant company’s alleged breach of a collective bargaining agreement and the defendant union’s alleged breach of its duty of fair representation. The case arises out of plaintiff’s employment as a boat pilot (i. e., ...
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OPINION Presently before the Court is Plaintiff’s Motion for New Trial for alleged. errors which occurred during the Trial and in the Court’s Charge. The Motion will be denied. I. BACKGROUND. This action arises out of a claim for damages for the death of Clair V. Bunn on *288 October 11, 1973. Bunn, a supervisor for Ace Drilling Company (Ace), was directing coal loading operations at Ace’...
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MEMORANDUM ORDER Eaton Corporation has moved to dismiss the individual plaintiffs, Frank Lucas and John Cape, in Civil Action No. 72-988, on the ground that these individuals are only shareholders in Lucas Hoist and Equipment Corporation and lack standing to sue for any injuries which might have been suffered by Lucas Hoist as a result of Eaton’s alleged antitrust violations. Clearly a stockholder...
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Memorandum and Opinion: This action is brought under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) (1970) and its implementing counterpart Rule 10b-5, 17 C.F.R. § 240.-10b-5 (1975). Plaintiffs contend that the defendants made certain material misrepresentations, in the form of misstatements and omissions, about the financial condition of Texas Income Pr...
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MEMORANDUM OF DECISION On November 24,1970, the petitioner was convicted by a jury of one count of possessing a controlled drug (LSD), 1 and one count of selling the same drug. 2 On December 15, 1970, the trial court denied his motion to set aside the verdict and entered judgment. *1117 Four years later the Connecticut Supreme Court affirmed the convicti...
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MEMORANDUM OF DECISION Defendants have moved to dismiss on grounds of mootness this action challenging the constitutionality of Conn.Gen.Stat. §§ 49-22 and 52-325 insofar as those statutes permit plaintiff tenants to be ejected from rented premises without notice or opportunity to be heard in the event of strict foreclosure by the mortgagee. At a hearing before this three-judge Court on November 1...
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OPINION This action seeks redress for alleged service mark infringement and unfair competition. In Count I, plaintiff Kampgrounds of America, Inc. (“Kampgrounds”) alleges that defendant North Delaware A-OK Campgrounds, Inc. (“A-OK”), in using the mark A-OK along with the international campground symbol, has infringed two of plaintiff’s registered marks: No. 781,522 for a tepee design with...
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MEMORANDUM OF DECISION This decision shall constitute the court’s findings of fact and conclusions of law pursuant to Rule 52(a) following trial of this action from October 14, 1975 to October 31, 1975. This is an action for infringement of United States Patent 3,040,968 (hereinafter referred to as the ’968 patent or the Long patent) entitled “Wrapper for Packaging Produce”, issued on June 26, 19...
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MEMORANDUM OPINION Owen Johnson brought this action against Mobil Oil Corporation to recover *266 losses suffered when the service station he operated under Mobil’s retail dealer contract was destroyed by fire. Plaintiff alleges that the fire was caused by events following defendant’s delivery of gasoline containing water, and seeks to recover for the loss of inventory and ot...
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MEMORANDUM AND ORDER In this civil rights action plaintiff seeks to enjoin the election of Congressmen from New York, on the theory that 2 U.S.C. § 2, fixing the number of representatives at 435, is unconstitutional. Plaintiff seeks the convening of a three-judge court pursuant to 28 U.S.C. §§ 2281, 2284, and summary judgment pursuant to F.R.Civ.P. Rule 56. The defendant has filed his...
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ORDER This action in which subject matter jurisdiction is based on diversity of citizenship and amount in controversy contains two *226causes of action related to contracts for the sale of grain to Defendant Schultz Cattle Company (Cattle Co.). The Individual Defendants, George W. Schultz (Schultz) and George Schultz, Jr. (Junior) are alleged to be general partners in Cattle Co. Schultz and Junior...
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MEMORANDUM OPINION Philadelphia is the focal point for the celebration of the 200th Anniversary of the Independence of the United States. Beginning January 1, 1976, a continuous series of programs and activities memorializing historic events and the growth of the nation has taken place and will continue to take place throughout the remainder of the Bicentennial Year. The high point, of course, ...
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*260 OPINION Rider Oldsmobile, Inc., an automobile dealership, seeks damages from one of its customers, Thomas A. Wright, under the provisions of the Motor Vehicle Information and Cost Savings Act of 1972, 15 U.S.C. §§ 1901 et seq. The portion of the Act relevant to this case is Subchapter IV, 15 U.S.C. §§ 1981 et seq., which imposes on the transferor of an automobile certain requirements of ...
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Memorandum and Opinion: This criminal proceeding is before the court on direct appeal from the United States Magistrate Court, Southern District of Texas, Houston Division, Judge Ronald J. Blask presiding. At the proceedings before Judge Blask, the appellant pleaded guilty to a charge of attempting to board an aircraft with a concealed weapon in vio *118 lation of 49 U.S.C. § 1472(f). 1 T...
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MEMORANDUM DECISION In this Section 1983 action [42 U.S.C. § 1983] plaintiffs allege that portions of the Washington Highway Advertising Control Act (The Act) [R.C.W. ch. 47.42] violate their constitutional rights under the First and Fourteenth Amendments. We dismiss the complaint and action without prejudice. In October 1974, plaintiffs erected a billboard on their farmland adjacent to Interstate...
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ORDER On October 4, 1974, defendant filed a request for production of documents. Request # 28 sought the following: “All documents relating to sales volumes, and percentage of market, of various tire brands or manufacturers for any time since 1962.” Request # 29 sought the following: “All documents relating to any possible public injury caused by these alleged violations, or any restraint of trad...
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This action arises under the provision of the Administrative Procedure Act which extends the right of judicial review to one who suffers a “legal wrong” or is “adversely affected or aggrieved” as a result of a final agency action. 5 U.S.C. § 702. Plaintiff Richard Dietze is a river pilot. He seeks to set aside the decision and order of defendant, Admiral Owen W. Siler, Coast Guard Commandant, a...
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ON REHEARING This case originally came before the Court on March 17, 1976, when arguments were heard on defendant’s motion to dismiss, or alternatively to abstain in favor of a State Court determination of the issues, or as a third alternative, to transfer this case to the United States District Court for the Northern District of Texas. After hearing, the Court concluded that the case should be...
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OPINION Plaintiffs Joe N. Sinclair, Larry C. Armour and Charles E. Holtzclaw brought this action against defendant Beacon Gasoline Company, seeking overtime compensation, liquidated damages, penalties and attorney’s fees under the Fair Labor Standards Act (FLSA), 29 U.S.C.A. § 201, et seq. Plaintiffs are all employees or former employees of defendant. The crux of Beacon’s defen...
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MEMORANDUM AND ORDER, OF THE COURT Canal National Bank and Commercial Credit Equipment Corp., each claiming a security interest in property of one of the above-named bankrupts, appeal from orders of Bankruptcy Judge Johnson entered in these proceedings. In each order the Bankruptcy Judge held that the secured creditor had failed to perfect its security interest in personal property of the...
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MEMORANDUM OPINION This is an action to enjoin the defendants from spending any money or beginning any construction on a section of Nebraska State Highway 31 until a proper environmental impact statement has been prepared and approved. Plaintiff owns and leases property abutting the right-of-way of Highway 31 in the area of the proposed construction. The defendants are the governor of the State...
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MEMORANDUM Defendant Howard Oil Company, Inc. (“Howard”) seeks an order of this Court pursuant to Rules 12(b) and 26(c) of the Federal Rules of Civil Procedure: (1) dis *462 missing or staying this action upon the grounds (a) that this action is barred under the doctrines of primary administrative jurisdiction and exhaustion of administrative remedies, (b) that plaintiff has ...
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This action was commenced by a corporation, organized and doing business pursuant *1104to the laws of the State of New York, against a foreign corporation, organized and doing business pursuant to the laws of the State of Minnesota. The action is one alleging violations of the federal copyright laws. The defendant prior to interposing its answer moves for an order dismissing the action for lack of...
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On May 21, 1976, the attorney for petitioner Kevin Brinkworth filed a motion seeking the discharge of this grand jury or, in the alternative, a stay of the grand jury proceedings so that the court may examine the transcript and direct a hearing concerning the manner in which the grand jury investigation has been conducted. The attorney’s affidavit in support of the motion alleges that the proceedi...
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INJUNCTION The bankrupt, Mark T. Penny, has filed a motion to stay criminal proceedings currently pending against him in Stanly County, North Carolina. He alleges that he is entitled to a stay pursuant to Rule 401 of the Bankruptcy Rules because the criminal prosecution is, in effect, nothing more than a device to collect a two-year old check given for a dischargeable debt. He is entitled to re...
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423 F. Supp. 979 (1976) Delbert C. COPLEY and Dicie Copley, Plaintiffs, v. RONA ENTERPRISES, INC. and Capital Savings & Loan Co., Defendants. Civ. A. No. C-2-74-480. United States District Court, S. D. Ohio, E. D. June 14, 1976. Phillip M. Walther, Columbus, Ohio, for plaintiffs. *980 Joel H. Mirman, Edward F. Chuha, Roland T. Gilbert, Columbus, Ohio, for defendants. OPINION DUNCAN, District...
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MEMORANDUM AND ORDER This civil action was brought pursuant to Part I of the Consumer Credit Protection Act, 15 U.S.C. § 1601 et seq., commonly known as the Truth in Lending Act, and Federal Reserve Regulation Z, 12 C.F.R. § 226.1 et seq. Plaintiff as trustee of the estate of Randy Lee and Carol Ann Westbrook seeks to recover statutory damages, attorney fees and costs for defen...
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ORDER The three above captioned cases are private actions in which Plaintiffs seek redress from Defendants for alleged violations of the overtime provisions of the Fair Labor Standards Act (FLSA) of 1938 as amended. (29 U.S.C. § 201 et seq.) All three actions were originally filed in the District Court of Oklahoma County, State of Oklahoma (State Court) and thereafter removed to this Cour...
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ORDER The above-named petitioner was convicted of Murder after a trial by jury and sentenced to life imprisonment. The questions presented in his habeas proceeding arise out of the cross-examination of petitioner concerning his previous convictions for other crimes. It appears that in petitioner’s trial conducted on October 8th and 9th, 1968, the petitioner was asked if he had been convicted ...
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MEMORANDUM OPINION Plaintiff, Aldens, Inc. (Aldens) brings this action for a Judgment declaring *469two provisions of the Oklahoma Uniform Consumer Credit Code (UCCC), 14A Oklahoma Statutes, § 1-101 et seq., to be Constitutionally invalid. The two challenged provisions, 14A Oklahoma Statutes, § 1— 201(5)(a) and § 1-201A deal with the extraterritorial application of the maximum interest rate permi...
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OPINION Charged in a one count indictment with a violation of 18 U.S.C. § 215, receiving and agreeing to receive a sum of money as a fee and commission for procuring and endeavoring to procure a loan from a bank of which he was an officer, the defendant, with the concurrence of his counsel, and the United States Attorney have submitted the case to the Court on stipulated facts. I It is stip...
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DECISION and ORDER The plaintiff seeks declaratory and injunctive relief from the enforcement by the defendants, the city attorney and the chief of police of the city of Milwaukee, of Section 106-14 of the Milwaukee Code of Ordinances. The plaintiffs motion for a temporary restraining order was denied after a hearing in which counsel for the plaintiff and the defendants participated. The plaint...
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424 F.Supp. 595 (1976) Severin HJELLE et al., Plaintiffs, v. James W. BROOKS, Commissioner of Fish and Game for the State of Alaska, et al., Defendants. Civ. A. No. A-191-73. United States District Court, D. Alaska. June 11, 1976. Motion for Reconsideration Denied December 9, 1976. *596 William B. Rozell, Faulkner, Banfield, Doogan, Gross & Holmes, Juneau, Alaska, Douglas M. Fryer, Moriarty, ...
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AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause came on regularly for trial February 24, 1976 before the Honorable Jesse W. Curtis, United States District Judge presiding. Joe Ling of Ackerman, Ling & Russell appearing for plaintiff; Richard M. Secia of Pinney and Tighe appearing for Hartford Accident and Indemnity Company, plaintiff in intervention, and Ralph D. Kirwan and Mic...
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OPINION On October 10, 1974, Hotel Circle, Inc., also known as Le Baron Hotels, Inc., a California corporation, filed for protection under Chapter XI of the Bankruptcy Act. After the filing of the Chapter XI petition, the business was operated by the debtor in possession. On July 21,1975, a receiver was appointed to replace the debtor in possession and operate the business. The Le Ba...
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MEMORANDUM This action was brought as a class action under Rule 23(b)(3) of the Federal Rules of Civil Procedure and as such is subject to the notice provisions of Rule 23(c)(2) which provides in part as follows: •The notice shall advise each member that (A) the court will exclude him from the class if he so requests by a specified date; (B) the judgment, whether favorable or not, will include all...
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A motion to reduce sentence in this case was made within 120 days after sentence was imposed, but after the defendant had begun to serve his sentence. Rule 35, Federal Rules of Criminal Procedure, reads in part: The court may reduce a sentence within 120 days after the sentence is imposed, or within 120 days after receipt by the court of a mandate issued upon affirmance of *114 the judgment...
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*728MEMORANDUM This matter comes before the Court on the petition instituted by the Regional Director of the Seventeenth Regional Office of the National Labor Relations Board (hereinafter referred to as the Board) on May 21, 1976, for and on behalf of the Board pursuant to the provisions of Section 10(1) of the National Labor Relations Act, as amended, 29 U.S.C. § 160(1) (hereinafter referred to ...
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OPINION Defendants move to dismiss the information, claiming that the statute on which the charges are based is unconstitutional. Defendants pled guilty on January 20, 1976, but, before accepting their pleas, we approved a stipulation between counsel which provides that the pleas could be withdrawn if defendants should prevail on their instant motion. The information charges that def...
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MEMORANDUM Philip Davis seeks a judgment declaring invalid certain hearing procedures established by the Secretary of the Department of Health, Education § Welfare (HEW) regarding disputed claims of medicare benefits under Title XVIII, Part B of the Social Security Act, 42 U.S.C. §§ 1395, et seq. Specifically, Davis alleges that the procedures for the appointment of persons who conduct hearin...
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OPINION I On September 3, 1974, defendants Alberto Mejias, Alba Luz Valenzuela, Francisco Salazar and Francisco Padilla1 were arrested at approximately 5:20 p. m. in apartment IB at 445 West 48th Street where Mejias resided. Roughly some five hours later, a search warrant was brought to the apartment and a search of the premises and a personal search of the defendants took place. During the inter...
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ORDER Pursuant to Title 28, United States Code, Section 2255, the above-named petitioner, an inmate at the United States Penitentiary, Leavenworth, Kansas, has moved the court to vacate the judgment and sentence of this court in case No. CR-72-16 on the following grounds: “(a) Coerced Plea of Guilty (b) No Factual Basis for Acceptance of Plea (c) Prior invalid convictions were considered by the co...
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OPINION In its complaint, the United States sues the defendant, Osage Company, Inc., (Osage) pursuant to 33 U.S.C. § 409 for $17,-878.09 1 being the net cost of removal of sunken Barge 417 belonging to Osage, and a penalty of not more than $2,500 nor less than $500 pursuant to 33 U.S.C. § 411. This is an admiralty and maritime claim under Rule 9(h) Fed.R.Civ.P. The court ha...
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MEMORANDUM OPINION AND ORDER This is ostensibly a diversity action * for damages for personal injuries. The rule is well settled that the party seeking to invoke the jurisdiction of a federal court must demonstrate that the case is within the competence of such a court. Williams v. W. R. Grace & Company, D.C.Tenn. (1966), 252 F.Supp. 821, 822[6]. The allegations of jurisdiction herein are defecti...
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MEMORANDUM Plaintiff, B. Patricia Dyson, brings this action on her behalf and on behalf of those similarly situated for declaratory, injunctive and monetary relief to redress alleged *105 discriminatory employment practices on the basis of sex in violation of §§ 1983 and 1985, Title 42 of the United States Code and the First and Fourteenth Amendments of the United States Constitution. 1 Def...
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OPINION Each of the defendant corporations has filed a motion for summary judgment in accordance with Rule 56, Fed.R.Civ.P., seeking a dismissal of the complaint and amendments thereto. They seek judgment based upon the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits which they contend show that there is no genuine issue as to any mater...
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MEMORANDUM AND ORDER Plaintiff, Jesse York, instituted this action on August 4, 1975, against defendant Celanese Fibers, alleging that Celanese Fibers, his former employer, discriminatorily discharged him because of his race in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e et seq.; the Thirteenth and Fourteenth Amendments to the United States Cons...
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MEMORANDUM AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT ON ISSUE OF LIABILITY I. This Section 1983 action by a non-tenured faculty member of Northwest Missouri State University presents questions controlled by principles stated in Board of Regents v. Roth, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972), and Perry v. Sindermann, 408 U.S. 593, 92 S.Ct. 2694, 33 L.Ed.2d 570...
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418 F.Supp. 1149 (1976) ALTON BOX BOARD COMPANY, a corporation, Plaintiff, v. GOLDMAN, SACHS & COMPANY, Defendant. No. 71-185C(3). United States District Court, E. D. Missouri, E. D. June 10, 1976. *1150 John J. Cole, and Joseph S. von Kaenel, Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., for plaintiff. Jim J. Shoemake, Guilfoil, Symington & Petzall, St. Louis, Mo., and Sulli...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT I find: I. This action is brought to recover damages under the provisions of the Interstate Commerce Act (49 U.S.C. § 20(11)). Jurisdiction is conferred on this court by 28 U.S.C. § 1337. II. Defendant is a motor common carrier engaged in the business of transporting household goods for hire in interstate co...
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MEMORANDUM AND ORDER Under 28 U.S.C. § 2241(a) petitioner applies for a writ of habeas corpus to relieve him of an alleged illegal conviction claimed to have been imposed upon him by the State of New York in violation of the Constitution of the United States. Petitioner was convicted upon his plea of guilty on or about July 1, 1974, of an attempt to commit the crime of possession of a weapon (a s...
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MEMORANDUM OPINION AND ORDER INTRODUCTION The Court has already dealt with certain of plaintiffs’ grievances, though not with this case, in an unreported Memorandum Order dated September 5, 1975. At that time, Hajji A. R. Ahmad, one of the instant plaintiffs, was plaintiff in two related civil actions, Nos. 75-1829 and 75-1851. Initially, both suits appeared to involve only a relativ...
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ORDER ON MOTIONS FOR SUMMARY JUDGMENT Plaintiff instituted this action pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552 et seq., .on December 1, 1975, seeking disclosure by defendant of “all written statements, signed or unsigned, contained in the Board’s case file in Case Nos. 26-CA-5695-1 and 26-RC-4862 relating to or upon which the Regional Director [of the Board] based the de...
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OPINION and JUDGMENT This cause is before the court at this time to determine whether the action is appropriate to certify as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure. The court will also determine whether this Title VII action is foreclosed by the principles of res judicata because of plaintiff’s decision to pursue her state contractual remedi...
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Order This is a civil suit arising out of an agreement for the purchase and sale of real estate. Jurisdiction is claimed under 28 U.S.C. § 1332(a). Plaintiff alleges it entered into an agreement to sell certain land in LaCrosse, Wisconsin, to defendant Warren & Collins, Inc., the exclusive and authorized agent of defendant Motel ‘6’, Inc.; that at the time for closing, defendants ref...
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OPINION This civil rights action brought pursuant to 42 U.S.C. §§ 1983, 1985(2), (3) 1 is before the Court on motions to proceed as a class, for leave to proceed in forma pauperis and on an affidavit of recuse 2 filed by the plaintiff, Enoch Dickinson, Jr., individually and on behalf of others similarly situated as a class. 3 In the above-styled action, Di...
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MEMORANDUM DECISION Booker T. McDonald has petitioned for a writ of habeas corpus pursuant to 28 U.S.C. Section 2254. Petitioner is presently confined at the Cummins Unit of the Arkansas Department of Corrections under sentence of life imprisonment for the murder of Officer Lloyd Worthy. Officer Worthy was shot to death on September 2, 1967. Petitioner was taken into custody on September 22, 19...
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MEMORANDUM AND ORDER This is a sex discrimination case. Plaintiff McAleer was denied promotion by American Telephone & Telegraph Co. (AT&T). He was entitled to promotion under the provisions of a collective bargaining agreement but the job was given to a less qualified, less senior female solely because of her sex. He seeks damages and promotion, invoking the Civil Rights Act of 1964, as ...
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ORDER GRANTING DEFENDANT’S MOTIONS TO TRANSFER ACTIONS UNDER 28 U.S.C. § 1404(a) These actions are before me upon the defendant’s Motion for Order Dismissing Complaint and Action for Failure to Join Indispensable Parties or Transferring Action Pursuant to 28 U.S.C. § 1404(a) in Case No. 75-856 and defendant’s Motion to Dismiss for Failure to Join Indispensable Parties; Motion to Transfer ...
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On October 10, 1973, plaintiff Mathias Miller, while driving a pickup truck owned by Donald Kiess, and towing a trailer owned by the plaintiff, was involved in a collision with a vehicle driven by Robert A. Voss. Voss was operating within the scope of his employment as a meat and poultry inspector for the Department of Agriculture. On April 17, 1974, Kiess and Miller commenced a State court proce...
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OPINION This is a suit brought under the Freedom of Information Act (FOIA), 5 U.S.C.A. § 552, by Marathon LeTourneau Company, Marine Division (Marathon), to compel the National Labor Relations Board (N.L.R.B.) *1077 to disclose certain information and to enjoin the N.L.R.B. from conducting certain administrative hearings until disclosure is made. The case is before the Court ...
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MEMORANDUM OF DECISION This is a habeas corpus proceeding under 28 U.S.C. § 2254,1 wherein petitioner seeks release from confinement pursuant to his conviction in the Circuit Court of Alcorn County, Mississippi, on a charge of unlawful sale of barbiturates. Copeland was sentenced to serve a term of 5 years in the state penitentiary and his conviction was subsequently affirmed without opinion on d...
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OPINION In this suit filed under the Freedom-of Information Act (hereinafter called the “FOIA”), 5 U.S.C.A. Section 552, Sealand Terminal Corporation (Sealand) seeks to compel the National Labor Relations Board (N.L.R.B.) to disclose certain information. The case is before the Court at this time on Sealand’s Motion for Injunctive Relief and the N.L.R.B.’s Motion for Summary Judgment. FINDINGS...
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*397 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. This litigation consists of two actions commenced in two different federal districts: the District of Massachusetts and the Southern District of New York. Both ac...
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MEMORANDUM Exxon Corporation (“Exxon”) moves pursuant to Rule 24, F.R.C.P., to intervene as an additional defendant in this action commenced by New England Petroleum Corporation (“NEPCO”) against the Federal Energy Administration (“FEA”) and its administrator, Frank G. Zarb. Plaintiff NEPCO opposes Exxon’s intervention. The defendants, represented by the United States Attorney for this District, h...
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OPINION Defendants move for summary judgment in this action brought under sections 50 and 51 of the Civil Rights Law of New York. Plaintiff seeks damages for the unauthorized use of his name and photograph in an article written by his former wife, Betty Friedan, and published in New York Magazine, both of whom are named as defendants with respect to that publication. He also seeks recovery of d...
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MEMORANDUM AND ORDER Plaintiff District 100,1 a district lodge of the International Association of Machinists and Aerospace Workers (“IAM”), brought this action under 45 U.S.C. §§ 151-188, seeking an order compelling defendant Air France, a foreign air carrier, to process a grievance before the System Board of Adjustment (“System Board”). The case is now before the court on defendant’s motion to ...
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ORDER This matter is before the Court upon two motions, the motion of defendant KDI Corporation 1 (hereinafter KDI) for summary judgment, and the motion of defendants Cors, Hair and Hartsock and Charles F. Hartsock (hereinafter Hartsock) for summary judgment. The parties have submitted memoranda, affidavits and exhibits in support of their respective positions. These motions ar...
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MEMORANDUM OPINION AND ORDER INTRODUCTION In his original petition for a writ of habeas corpus, filed December 17,1974, the relator, Curtis Davis alleged that he was being unlawfully held in custody on three grounds: (1) evidence seized and used against him at trial was obtained as a consequence of an unlawful search and seizure; (2) identification testimony based on an illegal lineu...
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MEMORANDUM AND ORDER Plaintiff brings this civil rights action alleging that Sperry-Univac Company (“Sperry”) terminated her employment for discriminatory reasons based upon sex, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and the Civil Rights Act of 1870, 42 U.S.C. § 1981. Presently before the Court is Sperry’s motion to di...
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OPINION The plaintiff Toward a Gayer Bicentennial Committee (the Committee) is an unincorporated umbrella organization of individuals and representatives of other groups 1 that has as its principal purpose the dissemination to the public at large of information regarding the legal, social, and political circumstances and aspirations of persons with a homosexual or bisexual preference, through...
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MEMORANDUM OF DECISION These consolidated cases are actions for infringement of Looker’s U.S. Patent No. 3,698,677 entitled “Pallet for Moving and Securing Cargo,” issued on October 17, 1972. Plaintiff Satco, assignee of the patent, charges that defendant Transequip makes and sells, and defendant Seaboard uses, all-aluminum air cargo pallets which infringe the Looker patent. This cou...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This is an action brought by four owners of federally subsidized, multifamily housing projects to obtain a subsidy enacted by Congress to enable these projects to keep pace with mounting utility bills and local property taxes and at the same time maintain rents paid by tenants at levels appropriate for the lower income families that they house. Face...
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RULING ON MOTION TO REMAND This motion to remand a removed civil lawsuit to state court raises important and novel issues concerning the infrequently construed “refusal” provision of the civil rights removal statute, 28 U.S.C. § 1443(2). 1 The suit was brought in the Connecticut Court of Common Pleas for Fairfield County by the Bridgeport Education Association and several Bridg...
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MEMORANDUM OPINION Plaintiff, T. Benson Ford, brought this action seeking damages for alleged violations of the Securities Exchange Act of 1934, § 10(b) [15 U.S.C. § 78j(b)] and S.E.C. Rule 10b-5 [17 C.F.R. § 240.10b-5]. In Count II of the complaint, plaintiff seeks to recover under the Uniform Commercial Code, § 8-306 [Fla.Stat. § 678.8-306]. Plaintiff, a resident of Houston, Texas,...
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ORDER This case is presently before the Court on the motion of defendant Richard William Beidler to dismiss the indictment against him. The basis of defendant’s motion is that approximately ten years has elapsed since the commission of the alleged criminal offenses and that, therefore, the further prosecution of the case is barred *611 due to the failure to provide him with a speedy trial. In...
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JUDGMENT The action came on for hearing of plaintiff’s application for a preliminary injunction. Plaintiff appeared by Trapp, Gayle, Teker, Hammer & Lacy, Howard G. Trapp, Esq., defendant appeared by an Assistant Attorney General of Guam, Philip H. Jacob-sen, Esq., and intervenors appeared by Timothy A. Stewart, Esq. The Court after the commencement of the hearing having ordered the trial...
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MEMORANDUM AND ORDER This is an anti-trust action charging an illegal tie-in arrangement in violation of Section 1 of the Sherman Act.1 The plaintiff operated a Shell service station under a lease from the defendant Shell Oil Company. As a condition of using Shell trademarks (the alleged tying product), the plaintiff was required under trademark protection provisions of the lease to sell only Shel...
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MEMORANDUM AND ORDER This case is before the Court on plaintiff’s motion for summary judgment. Defendants’ opposition to that motion deals solely with an issue that has apparently not been specifically dealt with before: Does 31 U.S.C. § 191, as applied, create and impose an unreasonable classification between proceedings involving assignments for the benefit of creditors and bankruptcy proceed...
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MEMORANDUM OPINION On February 13, 1973, at 2:45 p. m., with a visibility of at least 4 miles in a stretch of navigable water in the lower Mississippi River 3/4ths of a mile wide, a near head-on collision occurred between the tows of ascending and descending towing vessels being operated by experienced, veteran Mississippi river pilots. Readily agreeing there was navigational error, each ...
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MEMORANDUM ORDER This action involves claims by a white male of unlawful practices in job promotion in federal employment. Defendants, the Secretary of the Army and various officials of the United States Army Corps of Engineers (the Corps), seek to dismiss the complaint (1) for lack of subject matter jurisdiction, due to sovereign immunity, and (2) for failure to state a claim upon which ...
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This case had its origin in the will of one Margaret C. Duncan, who, when she died in 1965, left the residue of her estate in trust for her husband, her son Thomas W. Doran, and the children and grandchildren of Thomas W. Doran. We are concerned with Thomas W. Doran, the son, who was deficient in his tax payments for various amounts in the years 1965, 1966, 1968, 1969, 1970 and 1971. The Governme...
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MEMORANDUM OF DECISION On July 16, 1975, this court made its order finding that defendants, Department of Interior, Secretary of Interior and Assistant Secretary thereof for Fish, Wildlife and Parks (hereinafter, “Interior”), had failed to take steps to exercise and perform certain duties imposed upon Interior by the National Park System Act, 16 U.S.C. § 1 et seq., and by the Redwood National P...
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OPINION AND ORDER This matter is now before the Court on defendant’s Motion To Dismiss and both parties’ cross-motions for summary judgment. For the reasons discussed below, the Court denies defendant’s Motion To Dismiss and defendant’s Motion For Summary Judgment, and grants plaintiff’s Motion For Summary Judgment. Plaintiff Humana, a “provider of services” [42 U.S.C. § 1395x(u)] un...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on defendant’s motion to suppress evidence filed pursuant to Rules 12 and 41 of the Federal Rules of Criminal Procedure. The defendant has been charged in a two count indictment with making a false statement in connection with the acquisition of a firearm and with possession of a firearm after conviction of a felony in violation of 18 U....
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MEMORANDUM OPINION Sam Mack filed this action for personal injuries and damage to his Cadillac, allegedly arising out of a collision on January 27, 1973 with a mail truck negligently operated by an employee of defendant United States Postal Service acting within the scope of his employment. Defendant moves to dismiss on the grounds that plaintiff has failed to exhaust his administrative r...
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OPINION Petitioner, convicted of the crime of perjury in the Supreme Court of the State of New York, seeks to void his conviction under a writ of habeas corpus 1 for alleged violation of his federally protected rights against self-incrimination and to due process of law under the Fifth and Fourteenth Amendments. He is presently confined in the federal penitentiary at Lewis...
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ORDER OF DISMISSAL Plaintiffs initiated this action seeking judicial review of a decision by Defendant through the Office of Hearings and Appeals, Interior Board of Indian Appeals, in regard to the Estate of Phillip Tooisgah (Deceased). Deceased died intestate leaving property which was restricted and under the control of Defendant. Plaintiff Jonathan Morris Tooisgah filed a claim in the probat...
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OPINION Five of the above-captioned cases involve an appeal from the decision of an Administrative Law Judge, acting on behalf of the Secretary of the United States Department of Health, Education, and Welfare, which denied the named Plaintiff’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. The Reed case involves an...
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OPINION In this action the plaintiff seeks a refund of federal income taxes and interest paid by it on June 15, 1964 in the total amount of $3,706,028.03 for its 1959 taxable year 1 plus statutory interest thereon from the date of payment. The parties submitted this action for determination upon an agreed statement of facts. Said stipulation established the following facts. Early in 1956,...
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MEMORANDUM This matter is before the Court on the motion to dismiss of defendants in which they allege, among other things, that the Court lacks subject matter jurisdiction. A hearing was held at which proof was presented and arguments were heard on the question of jurisdiction. The sole issue before the Court is whether the transaction which plaintiff claims gave him the right to maintai...
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MEMORANDUM AND ORDER I. INTRODUCTION This dispute arises out of a contract in which plaintiff as guarantor executed a guaranty agreement with the defendant. Specifically, plaintiff guaranteed to defendant prompt and full payment of all indebtedness and liabilities at any time owing to the defendant under the terms of a security agreement between defendant and plaintiff’s brother. ...
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MEMORANDUM OPINION This matter comes before the court on cross-motions for summary judgment on count one of the complaint. Count one alleges that the Attorney General of the United States failed to follow applicable regulations in deciding to withdraw an objection to the implementation of Act No. 1046 of the 1970 Session of the Georgia General Assembly, interposed pursuant to section five of th...
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OPINION In each of the above three cases defendants have moved for orders protecting and effectuating the “judgments” of the Court entered January 9, 1975. These “judgments”, which are in reality denominated “orders”, vacated earlier invalid sequestration orders obtained by plaintiffs under which property of defendants consisting of notes, warrants and debentures (hereinafter “notes”) iss...
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OPINION This is a civil action brought by Frances A. Burrell, executrix under the will of Joseph E. Burrell, against Delta Air Lines, Inc. (Delta), McDonnell Douglas Corp., Sperry Rand Corp., and Kollsman Instrument Corp. Plaintiff seeks recovery herein for the death of Joseph E. Burrell sustained in the crash of a DC-9 aircraft at Boston’s Logan Airport on July 31, 1973. When the complaint was fi...
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414 F.Supp. 495 (1976) Virginia CEDECK, Plaintiff, v. HAMILTONIAN FEDERAL SAVINGS AND LOAN ASSOCIATION, Defendant. No. 75-1005C(4). United States District Court, E. D. Missouri, E. D. June 4, 1976. *496 Gilden & Dodson, St. Louis, Mo., for plaintiff. Robert W. Henry, Clayton, Mo., for defendant. MEMORANDUM NANGLE, District Judge. Plaintiff Virginia Cedeck brought this action pursuant to Titl...
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*394OPINION 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. The Panel initially transferred sixteen actions brought by stockholders of Commonwealth United Corporation and Seeburg Corporation to the Southern District of New York and assigned them to the Hono...
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New York City presently operates four detention facilities for men: The House of Detention for Men at Riker’s Island (HDM), the Queens House of Detention (QHD), the Brooklyn House of Detention (BHD) and the Bronx House of Detention (BXHD). A fifth, the Manhattan House of Detention (MHD), commonly known as the Tombs, was closed in December, 1974, but an application to reopen it is pending in thi...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING HEARING ON MOTION PURSUANT TO RULE 33, F.R.CRIM.P. On January 26, 1973, after a three-week jury trial before Chief Judge Edelstein of this Court, defendant Ostrer was found guilty on eleven counts which charged him with violation of various provisions of the federal securities laws, mail fraud and conspiracy so to do. 1 The trial court acquitt...
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ORDER GRANTING JUDGMENT n o v AND/OR NEW TRIAL This private antitrust action challenges the distribution system of the Coca Cola Company through franchised bottlers, which designates a defined geographical territory within which each bottler must confine his sales of product. The case in *360 volves only soft drinks sold by bottlers in returnable or non-returnable packages, n...
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OPINION Plaintiffs bring this action charging defendants with sundry violations of federal securities law, 1 California State Corpora *353 tions Code 2 and Civil Code 3 provisions and California common law. 4 This Court’s jurisdiction over the federal claims is conferred by § 22 of the 1933 Securities Act and § 27 of the 1934 Securi...
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DECISION, FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND ORDER FOR JUDGMENT FOR DEFENDANT The present matter was tried on December 19, 1975, for purposes of determining whether amended tax returns signed by the plaintiff were forced upon him by ruse, coercion, threat or intimidation. Having considered the testimony of the witnesses, the documents offered and admitted at trial, the argument ...
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MEMORANDUM PRIOR HISTORY Plaintiffs, a group of airline pilots, originally brought this action against their union, the Air Line Pilots Association [ALPA], and certain of its officers [individual defendants], seeking to enjoin them from further proceeding with disciplinary charges against plaintiffs. They alleged that the disciplinary proceedings which had been instituted by the individua...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW After a trial before the Court without a jury on February 17, 1976, the Court has considered the evidence presented and the briefs and proposed findings of fact and conclusions of law from all parties, and makes the following findings of fact and *1380 conclusions of law in accordance with Rule 52, Federal Rules of Civil Procedure. ...
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MEMORANDUM AND ORDER This action for violation of the Securities Exchange Act of 1934 is now before the court upon motion of the defendant for summary judgment or partial summary judgment on the grounds that plaintiffs’ claims are barred by the applicable statute of limitations. Plaintiffs, who are all individuals, allege that the defendant Piper, Jaffray & Hopwood, Inc. (hereinafter...
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MEMORANDUM This action is before the Court on stipulations of fact by the parties and cross motions for summary judgment. For the reasons stated below, judgment will be granted for plaintiff. The Secretary of Labor has brought this action under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., to enjoin Mother Hubbard’s Kitchen, Inc., (hereinafter Mother Hubbard’s) and Quick Shop Markets, In...
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*390OPINION AND ORDER Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH S. LORD, III, STANLEY A. WEIG-EL, and ANDREW A. CAFFREY, Judges of the Panel. This litigation consists of two actions in two different districts: one in the District of Minnesota and the other in the District of North Dakota. Plaintiff in each action is the Good Samaritan Nursi...
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415 F.Supp. 705 (1976) Ann ADLER, Plaintiff, v. Daniel C. LYNCH et al., jointly and severally, Defendants. Civ. No. 72-0-270. United States District Court, D. Nebraska. June 3, 1976. *706 Emmett D. Childers, Miller & Russell, P. C., Omaha, Neb., for plaintiff. *707 Donald L. Knowles, County Atty., and William T. Ginsburg, Deputy County Atty., Omaha, Neb., for defendants. MEMORANDUM RICHARD E...
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MEMORANDUM The Securities and Exchange Commission has applied for an order authorizing the United States Attorney for the Southern District of New York to disclose to the Commission the transcripts of all testimony which one Marion Jay Epley, III, gave to a grand jury in the Southern District on October 29 and November 1, 1973. The SEC seeks to use the testimony to refresh the witness’ te...
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Plaintiffs move for summary judgment in this action for declaratory and injunctive relief. Plaintiffs, trustees of Bakery Drivers Local 802 Pension Fund, seek to enjoin defendant, Superintendent of Insurance of the State of New York, from pursuit of the department’s inquiry into the pension benefit status of a pension fund participant. They also seek a declaration of their rights and obligation...
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OPINION AND ORDER Jesus Huertes petitions this Court for a writ of habeas corpus, 28 U.S.C. § 2254. On January 5, 1972, petitioner was convicted of unlawful possession of dangerous drugs in the first degree (cocaine), N.Y. Penal Law § 220.20 (McKinney’s 1967). He was sentenced to a term of fifteen years to life. The conviction was affirmed by the Appellate Division, First Department, and by the Co...
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MEMORANDUM AND ORDER Presently before the Court is defendant’s motion to dismiss the complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. Defendant, The B. F. Goodrich Company (BFG), contends that the complaint, which purports to frame a violation of the federal antitrust laws, fails to state a claim upon which relief can be granted, and that the Cour...
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MEMORANDUM Plaintiff, a Virginia prisoner, seeking in-junctive relief, brings this action under 42 U.S.C. § 1983 in which he challenges certain regulations of the Corrections Department of the State of Virginia, pertaining to correspondence between inmates incarcerated in separate facilities. Defendant Davis is the Director of the Division of Corrections for the Commonwealth. Additional defenda...
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MEMORANDUM June M. Matthews brings this action under § 205(g) of the Social Security Act, 42 U.S.C. § 405(g) (1970), to review a final decision of the Secretary in which it was held that he was not entitled to disability benefits. The sole issue before the Court is whether the final decision of the Secretary is based upon substantial evidence. See 42 U.S.C. § 405(g). The defendant has moved for s...
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ORDER The defendant’s motion to dismiss challenges the Court’s subject matter jurisdiction and the capacity of the amended complaint to state a claim on which relief can be granted. *909The amended complaint alleges that the plaintiff was an employee of Volusia County, Florida, from 10 December 1973 to 22 January 1974. The plaintiff’s employment, according to the amended complaint, was terminated ...
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ORDER TO SHOW CAUSE The Court has before it motions to modify its order of February 17, 1976. By that order, the Court sought to grant the motion of defendant, Sumner Financial Corporation, for supplementary, postjudgment proceedings in aid of execution on a judgment rendered for defendant on July 16, 1971. Pursuant to Fed.R.Civ.P. 60(a), the Court on its own motion will correct the clerical error...
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OPINION Dr. Clinton C. Battle, a black physician residing in Natchez, Mississippi, brought this action against Jefferson Davis Memorial Hospital, Natchez, a public county hospital in Adams County, Mississippi, and the individual members of its Board of Trustees, seeking staff privileges denied to him by said hospital and its governing board. Jurisdiction is predicated on 28 U.S.C. Section...
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ORDER DIRECTING DEFENDANT TO PAY PLAINTIFF ONE-HALF OF THE REASONABLE EXPENSES INCURRED BY PLAINTIFF IN PREPARATION FOR, AND CONDUCT OF, INTERVIEWS WITH HERSCHEL WOLFE, JACK McINTEER, RICHARD CONWAY, AND EARL LONG, AND IN OBTAINING TRANSCRIPTS THEREOF, AND ORDER DIRECTING DEFENDANT TO PAY PLAINTIFF ITS EXPENSES IN SEEKING THIS PROTECTIVE ORDER Plaintiff has moved for a protective order against de...
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OPINION AND ORDER I have reconsidered my order of March 22, 1976, and now conclude, contrary to the holding in that order, that there is statutory authority to condemn private lands in Glacier National Park. The general condemnation statute (40 U.S.C. § 257) does not authorize the condemnation unless the power to acquire the land is found elsewhere. United States v. Kennedy, ...
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MEMORANDUM AND ORDER Plaintiff Thomas Hughes, a police officer employed by the Nassau County Police Department, brought this action under the Civil Rights Act, 42 U.S.C. § 1981, et seq., and Section 9 of the Military Selective Service Act of 1967, 50 U.S.C. App. § 459, seeking a declaration that Article VI, Rule 15 of the Rules and Regulations of the Nassau County Police Department (“Rule 15”) is ...
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*1354 MEMORANDUM American Brands, Inc., (American) brought this action February 17, 1976 against R. J. Reynolds Tobacco Company (Reynolds) and LKP International Ltd. (Reynolds’ advertising agency) for alleged violations of the Lanham Act, 15 U.S.C. § 1125(a) and the laws of the State of New York. Jurisdiction is predicated on 15 U.S.C. § 1121, 28 U.S.C. § 1338(a) and (b), and the...
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MEMORANDUM AND ORDER This appeal from an order of Hon. John J. Galgay, Bankruptcy Judge, made March 3, 1976, presents a purely legal question: Is a used color television set exempt property of a householder bankrupt pursuant to § 5205(a), New York CPLR, applicable here by 11 U.S.C. § 24? The learned Bankruptcy Judge held that it was exempt as “necessary household furniture.” Believin...
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MEMORANDUM AND ORDER Familiarity with our Court record in the companion criminal case brought against petitioner is assumed. Petitioner here seeks an order vacating his judgment of conviction pursuant to 28 U.S.C. § 2255. It should require no authority to support the proposition that now, more than ever before, a Court requires flexibility in sentencing persons guilty of crime, and in no case...
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MEMORANDUM OF DECISION Plaintiff, Coit Drapery Cleaners, Inc., franchisor and owner of the trade name Coit Drapery Cleaners and the registered service marks “Coit” and “Tower Design,” 1 moves to enjoin the defendant franchisee from using the name and marks, 2 claiming that the defendants have breached the franchise agreement in failing to pay franchise fees due under the agreement. The ma...
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MEMORANDUM The plaintiff, Scott K. McDougle, Jr., brings this action against Frank M. Connor, guardian of the estate of Hunter H. McDougle, Richard L. Shelton, Clerk of the Circuit Court of Hanover County, the Honorable Robert T. Armistead, Judge Designate of the Circuit Court of Hanover County,1 Elizabeth B. McDougle, and Raymond H. McDougle for a violation of his rights under the Fourteenth Amen...
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RULING ON PLAINTIFF’S MOTION TO DISMISS DEFENDANTS’ COUNTERCLAIM NEWMAN, District Judge. Plaintiff’s motion to dismiss defendants’ counterclaim for lack of subject matter jurisdiction poses, according to the parties, an issue of first impression concerning a district court’s jurisdiction over the subject matter of a trademark opposition proceeding currently pending before a Trademark ...
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414 F.Supp. 1368 (1976) Donna DOE et al., Individually and on behalf of all others similarly situated v. Edward MAHER, Individually and as Commissioner of Social Services of the State of Connecticut. Sharon ROE et al., Individually and on behalf of all others similarly situated v. Edward MAHER, Individually and as Commissioner of Social Services of the State of Connecticut. Civ. Nos. 15579, 15589...
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MEMORANDUM OF DECISION This petition for a writ of habeas corpus was transferred from the United States District Court for the Southern District of Florida so that this Court might consider the propriety of hearing petitioner’s claims: (1) that Connecticut has failed to make a diligent, good-faith effort to bring him to trial, see Dickey v. Florida, 398 U.S. 30, 90 S.Ct. 1564, 26 L.Ed.2d 26 (1970)...
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ORDER OF COURT This is a class action commenced under 42 U.S.C. § 1983 for redress of federal rights involving the application of section 402(a)(23) of the Social Security Act of 1935, as amended, 42 U.S.C. § 602(a)(23), to the Aid to Families with Dependent Children [AFDC] program in Georgia. Plaintiffs seek injunctive and declaratory relief. *1238 The case is presently before the Court on p...
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MEMORANDUM AND ORDER This case involves a claim by the plaintiffs for equitable contribution from the defendant following a negative judgment sustained by the parties in a state court proceeding. The defendant, by way of denial, asserts its paramount right to full indemnification protection by the plaintiffs for the judgments entered in the state court proceeding. The case is before the Court on ...
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Plaintiffs in these two cases, consolidated for the purpose of this opinion, seek judicial review of both the denial by the Secretary of Health, Education and Welfare of their applications for certain benefits under the Social Security Act and the refusal of the Secretary to reopen their cases for a redetermination of their claims. Both the plaintiffs and the defendants have filed motions for summ...
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These consolidated civil actions were brought by the United States to enforce levies served upon agents of the Mayor and City Council of Baltimore (the City), 1 pursuant to § 6331(a) of the Internal Revenue Code, as amended, claiming that at the time the levies were served defendants had in their possession money belonging to persons who owed wagering taxes to the United States, whic...
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OPINION AND ORDER Plaintiff Martin Kahn, a defendant in a divorce action pending before Acting Justice Shainswit in the Supreme Court of the State of New York, asks this Court to enter a preliminary injunction restraining defendants from the enforcement of N.Y.Dom. Rel.Law § 239 and to enter an order convening a three-judge court to consider the constitutionality of that statute. The issue was ...
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ORDER Having exhausted all state remedies available to him, the above-named petitioner seeks a Writ of Habeas Corpus in this court on the ground that his detention by virtue of the judgment and sentence in the District Court of Oklahoma County, State of Oklahoma, in case no. CRF-70-931 is *908 unlawful because the prosecutor allegedly knowingly used perjured testimony to obtain petitioner’s c...
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OPINION DENYING DEFENDANT’S MOTIONS FOR JUDGMENT OF ACQUITTAL, IN ARREST OF JUDGMENT AND FOR NEW TRIAL This case involving the possession and sale of counterfeit United States gold coins presents two questions. First, does the acquittal of defendant’s only named eo-con-spirator necessitate that defendant be acquitted also? Secondly, does the newly discovered evidence, consisting of various airline...
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OPINION The Pittsburgh Federation of Teachers, Local 400 has filed a complaint to determine the constitutionality of a resolution adopted by the Board of Public Education of the School District of Pittsburgh on October 21, 1975. The action is filed by the Federation on behalf of its members. An individual non-member Bonnie J. Schlueter, a resident of Westmoreland County, an applicant for employ...
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OPINION This action centers around two elusive and uncertain processes, handicapping horse races and application of the copyright law. Plaintiff, publisher of the Daily Racing Form (hereafter “Form ”), claims that defendant’s publications infringe upon its copyrights and violate state unfair competition laws. Plaintiff seeks a preliminary injunction to stop the alleg...
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ORDER ON DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT Defendants’ motion to dismiss the complaint, filed May 6, 1976, seeks relief on the following grounds: (1) The court has no jurisdiction of plaintiff’s action; (2) Plaintiff has failed to state a claim upon which an action can be based; 1 (3) Plaintiff lacks standing; *194 (4) Plaintiff has failed to properly serve certain...
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MEMORANDUM OPINION AND ORDER On Wednesday, May 26, 1976 the defendant and third-party plaintiff served notice on adversary counsel in Chattanooga, Tennessee and Washington, D.C. that certain depositions would be taken in Los Angeles, California, commencing on Tuesday, June 2, 1976. The Court notices judicially that the intervening Monday, May 31, 1976 was observed as a national holiday, so that...
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This controversy between David Silvette, a portrait painter, and the Virginia Art Commission 1 over the rules and procedures employed by the Art Commission in recommending acceptance or rejection of donated portraits tendered the Commonwealth has been brewing for many years — It reached the boiling point in 1972 when the Art Commission suggested that Mr. Silvette modify a portrait he had submit...
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MEMORANDUM On December 17, 1975, Chief Jack Davis sent separate letters to Assistant Fire Chief A. Clay Aaron, Jr., and District Chief Fletcher A. Wynn advising them that their services with the Little Rock Fire Department would be terminated effective January 16, 1976. He indicated that the notification was being issued pursuant to the requirements of Section 13-11 of the Ordinances of t...
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ORDER In this Section 301 action (29 U.S.C., Section 185) to enforce an arbitrator’s award pursuant to the grievance provisions of a Collective Bargaining Agreement, Defendant-Employer has moved to dismiss the Complaint. Defendant argues that Plaintiff’s Complaint is defective because the named Plaintiff is not the real party-in-interest, as required by Federal Rule of Civil Procedure 17(...
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The question in this diversity case is whether Georgia’s “long-arm” statute, Ga. Code Ann. § 24-113.1(a) extends to authorize service upon a corporation organized and doing business in Oklahoma in a suit concerning a contract which called for the defendant to pay for machinery manufactured by the plaintiff in Georgia according to specifications furnished by the Oklahoma defendant to be shipped ...
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MEMORANDUM OPINION The Illinois State Toll Highway Authority (Authority) has moved to dismiss these three related actions against it on the ground, inter alia, that there is currently a lawsuit pending in the Circuit Court of Cook County involving the identical parties and issues present in 75 C 4381 and the third party actions in 75 C 4200 and 75 C 4201. Denton Enterprises, Inc. v. Illinois Stat...
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•MEMORANDUM OPINION Plaintiffs are employees of bookstores and the corporate owner of those bookstores. They bring this suit to declare 111. Rev.Stat. ch. 38, § 11-20 unconstitutional, and to enjoin defendant Philip Reinhard, State’s Attorney of Winnebago County, Illinois and defendant Delbert Peterson, Chief of Police of the City of Rockford, Illinois, from enforcing the statute. Retrosp...
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ORDER FOR DECLARATORY JUDGMENT In June of 1972, plaintiffs Dorothy Lorraine Stamus and Lynne Marie Stamus were taken into custody due to alleged mental illness and detained involuntarily at Broadlawns Polk County Hospital pursuant to the then-existing Iowa civil commitment laws. 1 Approximately one year later, the Stamuses filed this action attacking the constitutionality of th...
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ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner, a convicted state prisoner who is currently confined in the Missouri State Penitentiary at Jefferson City, Missouri, serving a 99-year sentence for statutory rape, has filed in forma pauperis a petition for writ of habeas corpus challenging the validity of his state conviction and sentence. Leave to proceed in f...
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OPINION This matter comes before the Court on defendant’s motion to dismiss the complaint for lack of subject-matter jurisdiction, pursuant to Federal Rule of Civil Procedure 12(b)(1), and for failure to state a claim upon which relief can be granted, pursuant to Federal Rule of Civil Procedure 12(b)(6), and in the alternative for summary judgment. By letter of April 7, 1976, the Court notified...
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MEMORANDUM Shortly after defendant International Business Machines Corporation [hereinafter referred to as IBM] brought to the court’s attention the use by counsel for plaintiff United States of agents of the Federal Bureau of Investigation to conduct interviews of IBM's trial witnesses, the government moved this court, on May 6, 1976, for an order confirming the use of FBI agents in this civil...
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MEMORANDUM OPINION AND ORDER This case presents the question whether the court has the power, under certain circumstances, to sentence a criminal defendant nunc pro tunc as a Young Adult Offender pursuant to 18 U.S.C. § 4209, when that individual has already attained his twenty-sixth birthday prior to entry of a plea of guilty. The court holds that, on the facts of this case, it has the power...
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OPINION AND ORDER Following an eight week trial, fifteen defendants were convicted of conspiracy to violate the federal narcotics laws. Several defendants were also convicted of a number of related substantive offenses. The convictions of all but two were affirmed on appeal, 513 F.2d 1087 (2d Cir.), cert. denied, 423 U.S. 832, 96 S.Ct. 54, 46 L.Ed.2d 50 (1975). One of the defendants, Angelo Ma-mon...
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MEMORANDUM Plaintiff, Stella Weiss, has moved for certification of her action, Weiss v. Drew National Corporation, et al., as a class action pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure (“F.R.Civ.P.”). Named as defendants are Drew National Corporation (“Drew”), Hertz Herson & Company, the auditors of Drew National Corporation, and some former officers and directors of Drew, i...
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ORDER The Court has before it for determination a Motion for Summary Judgment by the defendants herein. Plaintiff’s Complaint alleges that the defendant, John Gibson Lanning, District Attorney for Washington County, State of Oklahoma, during the period from June 26, 1975, through August 20, 1975, acting in concert jointly and severally with the defendants, Kenneth D. Fouts, an invest...
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MEMORANDUM Fleer Corporation brought this action charging the defendants with violations of the antitrust laws in connection with the production and sale of baseball trading cards and similar products. Presently before the court is the defendants’ motion to dismiss the complaint. This motion is based on three grounds — first, that Fleer lacks standing to litigate the alleged antitrust vio...
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MEMORANDUM AND ORDER Presently before the Court are (a) the plaintiff’s motion to disqualify Leon Edelson and Walter B. Udell from acting as counsel for the defendant; (b) the plaintiff’s motion to stay arbitration; (c) the defendant’s motion to dismiss the complaint or in the alternative to stay proceedings and compel arbitration. We will deny the plaintiff’s motions. We will deny the de...
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MEMORANDUM AND ORDER This suit is a class action charging racial discrimination in connection with employment. The complaint alleges discrimination on a national level in all aspects of hiring and promotion at Hertz Corporation. Hertz has filed a motion to dismiss various portions of the plaintiff’s complaint. This motion raises three separate issues involving the sufficiency of the plain...
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OPINION AND ORDER We are asked to rule upon a motion made pursuant to 18 U.S.C. § 2518(8)(d); this particular provision pertains to electronic surveillance and constitutes a part of the measures enacted by the Congress in Title III of the Omnibus Crime Control and Safe Streets Act of 1968. Because the case law with respect to Section 2518(8)(d) is in an early stage of evolution as to the standard...
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MEMORANDUM OPINION AND ORDER The defendant The Hanover Insurance Company moved for a summary judgment, Rule 56(b), Federal Rules of Civil Procedure, contending that the plaintiffs were required to furnish notice and a proof of loss, as required by the insurance contract of such parties, as a condition precedent to any recovery against it herein. The motion lacks merit. Notice and proof of loss are...
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MEMORANDUM AND OPINION I. INTRODUCTION The plaintiff in this suit seeks declaratory relief under 42 U.S.C. § 1983, for deprivation of rights secured by the Fourth and Fourteenth Amendments to the Constitution. 1 Specifically, she has instituted the present action seeking a declaration that the search of her purse and the University of Houston policy which authorizes this p...
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MEMORANDUM OPINION and ORDER This cause was heard by the Court, sitting without a jury, in Austin, Texas, on April 12,1976, and after carefully considering the evidence the Court enters this Memorandum Opinion and Order, which shall constitute findings of fact and conclusions of law. This is an action for the refund of $15,161.40 of income tax and interest paid by plaintiffs, Joe R. Long and Tere...
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*1319 MEMORANDUM OPINION AND JUDGMENT Before SPRECHER, Circuit Judge, REYNOLDS, Chief District Judge and GORDON, District Judge. In Lessard v. Schmidt, 349 F.Supp. 1078 (E.D.Wisc.1972), the first consideration of this case, this court held that the Wisconsin civil commitment procedures did not provide adequate due process rights to those who were committed and ordered numerous safeguards ...
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421 F.Supp. 1061 (1976) In the Matter of REGIONAL RAIL REORGANIZATION PROCEEDINGS. Misc. No. 75-3. Special Court, Regional Rail Reorganization Act. May 28, 1976. *1062 *1063 *1064 *1065 John G. Harkins, Jr., Pepper, Hamilton & Scheetz, Philadelphia, Pa., for Consolidated Rail Corp. Wayne S. Kaplan, Covington & Burling, Washington, D. C., for Trustees of Penn Central Transportation Co. Har...
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415 F.Supp. 174 (1976) Eldridge and Kathleen CLEAVER, Plaintiffs, v. Clarence M. KELLEY et al., Defendants. Civ. A. No. 76-795. United States District Court, District of Columbia. May 27, 1976. *175 Terry F. Lenzner, Robert B. Cornell, Washington, D. C., for plaintiffs. Rex E. Lee, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., Joseph Guerrieri, Barbara Ward, Bruce E. Titus, Dept. of Justice, As...
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MEMORANDUM OPINION Raymond R. Smith, a state prisoner, has petitioned this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He claims that his Delaware Superior Court conviction for theft was premised on a constitutionally impermissible simultaneous “showup” before three witnesses. The Delaware Supreme Court rejected this same contention in Smith v. State, Del.Su...
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MEMORANDUM OPINION AND ORDER In 1974 the above-named plaintiff obtained a judgment against the principal defendant, Jerry Noel Hasty, in the amount of $82,358.44. This judgment was registered in this Court pursuant to 28 U.S.C. § 1963 on August 7, 1975. A series of writs then issued, directed to defendant’s assets in the hands of the garnishee defendant, Bra-Mar Tool Division of MWA Compa...
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415 F.Supp. 662 (1976) Ben ALLEN et al., Plaintiffs, v. AMALGAMATED TRANSIT UNION, LOCAL 788, Defendant. No. 74-458 C(3). United States District Court, E. D. Missouri, E. D. May 27, 1976. *663 Louis Gilden, St. Louis, Mo., for plaintiffs. William H. Bartley, Bartley, Goffstein, Bollato & Lange, Clayton, Mo., for defendant. MEMORANDUM WANGELIN, District Judge. This matter is before the Court ...
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MEMORANDUM This matter is before the Court upon an appeal from the decision of the Bankruptcy Court dismissing the counterclaim of the Trustee in Bankruptcy. The Supreme Meat Company, a Missouri corporation, was adjudicated a bankrupt on October 28, 1971. Liberty Mutual Insurance Company filed Claim No. 16 seeking an insurance premium of Five Hundred and Fifty-Five Dollars ($555.00) on December 1...
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This matter comes before the Court upon the motion of third party defendant, Omaha-Douglas Public Building Commission, to dismiss the third party complaint brought by the City of Omaha [Filing # 35]. Plaintiff, Waldinger Company, Inc., instituted this action on January 16, 1976, *60 against P & Z Company, Inc., Metropolitan Utilities District of Omaha, and City of Omaha, alleg...
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OPINION This action was commenced by the plaintiff, Carlo C. Gelardi Corp., on May 5th, 1976, alleging violations of certain provisions of the antitrust laws of the United *234 States by the defendant Miller Brewing Company, three employees of Miller, and an unspecified number of unidentified co-conspirators. The complaint also alleges that Miller breached a distributorship contract with the ...
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OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiffs Bernard and Florence Kaback, husband and wife, college educated, both principals in the New York City school sys *648 tem, bring this action against various defendants seeking recovery of the value of securities, essentially upon claims of violations of Section 10(b) of the Securities and Exchange Act of 1934, and of...
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OPINION Plaintiff, Bernard Press, seeks a preliminary injunction prohibiting the sale of shares of stock of White Lamps, Inc. (“White”), and TDA Industries, Inc. (“TDA”) which are owned by the plaintiff and held by TDA, one of the defendants herein, as collateral security for the payment of a promissory note. The defendants have cross-moved to vacate the temporary restraining order presen...
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MEMORANDUM OPINION Plaintiffs commenced this action on September 9, 1975 with an order to show cause seeking a preliminary injunction against the proposed merger of Bush Universal, Inc. (“Bush”) and Katy Operations, Inc. (“Operations”), a subsidiary of Katy Industries, Inc. (“Katy”). That motion for a preliminary injunction was supported by a summons and complaint, affidavits, exhibits, and a mem...
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MEMORANDUM AND ORDER Plaintiffs Marnie Sweet and Dolly Hag-erman filed a complaint on June 26,1975 on behalf of themselves and a class defined as follows: “All women who have been employed, who are employed, or who may become employed during the pendency of this suit at Defendant General Tire and Rubber Co. at its corporate headquarters (“Co. 10”), tire division headquarters (“Co. 15”), and inter...
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ORDER On October 17, 1975 the plaintiff, Ruth Weltmann, filed her Amended Complaint charging the National Aeronautics and Space Administration (N.A.S.A.) and four Commissioners of the United States Civil Service Commission with unlawfully discharging her from her job as an Aerospace Engineer during a reduction in forces which occurred at N.A.S.A.’s Lewis Research Center at Cleveland, Ohio...
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OPINION In this action brought under § 301(a) of the Labor Management Relations Act, 29 U.S.C. § 185(a), Marland Papillon contends that on November 8, 1974 he was “unjustly discharged” by his employer, Hughes Printing Company (the “Company”) and that the Stroudsburg Printing Pressmen and Assistants’ Union No. 350 (the “Union”), of which he is a member, breached its duty of fair representa...
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ORDER Plaintiffs husband, Giles Franz, retired from active duty in the United States Air Force on February 1, 1971. On July 27, 1972, Giles Franz died. Subsequently, on July 9, 1974, the plaintiff filed an administrative claim with the Air Force seeking compensation for the negligent failure of Air Force physicians to diagnose her husband’s cancerous condition. The Air Force denied this claim a...
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OPINION and ORDER IT IS HEREBY ORDERED that this court, having received and considered defendant Yuma Mesa Irrigation And Drainage District’s (hereinafter referred to as the “District”) Motion for Judgment on the Pleadings and/or Motion for Summary Judgment filed with this Court December 29, 1975; and having received and considered Plaintiff United States of America’s Motion for Partial Summary Ju...
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MEMORANDUM I. This suit was originally filed in the circuit court of Lake County, Illinois by the assignee of a fire insurance policy to recover for an alleged breach of the insurance contract. On defendant’s motion alleging diversity of citizenship, the cause was removed pursuant to 28 U.S.C. § 1441(b) and federal jurisdiction invoked under 28 U.S.C. § 1332(a)(1). After the case was docketed...
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An insurance company, by motion for a summary judgment, contends that a direct action may not be brought against the liability insurer of a company conducting operations on a drilling platform located on the Outer Continental Shelf, for injuries allegedly sustained by negligence in those operations. Most of the currents of decision would carry the court toward the conclusion that such an action...
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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. The “Wild Weasel AN/APR-88” is an electronic counter-measures system for fighter aircraft and is designed to detect and react to enemy air defenses. McDonnell Douglas Corporation holds the prime contra...
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Plaintiff in the above-captioned action stakes its jurisdictional claims on the grounds of diversity and the purported existence of a federal question, coupled with an amount in controversy exceeding $10,-000. Presently under consideration are defendants’ motions to dismiss, pursuant to Rule 12(b)(1) and 12(b)(6) F.R.Civ.P., for absence of subject matter jurisdiction and for failure to state a ...
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MEMORANDUM Plaintiffs Alvin A. Adams and Gloria C. Adams, as owners of the premises at 40 John Alden Road, New Rochelle, County of Westchester, New York (the “premises”), instituted this action in New York Supreme Court, Westchester County, pursuant to Article 15 of the New York Real Property Actions and Proceedings Law (McKinney Supp. 1975) and 28 U.S.C. § 2410, seeking judgment enjoinin...
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OPINION In this action, Carlsberg Resources Corporation, trading as Carlsberg Mobile Home Properties, Ltd., — ’72, a limited partnership, filed a complaint asserting that jurisdiction is founded on diversity of citizenship of the parties. See paragraph 12 of complaint. *881 It is alleged that all the defendants are citizens of Pennsylvania. 1 It is alleged that Ca...
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MEMORANDUM OF DECISION AND ORDER NATURE OF THE CASE This diversity contract action was tried to the Court without a jury. The uncontroverted facts and the unresolved issues were stipulated by the parties as follows: The Missouri Pacific Railroad, Defendant herein, entered into agreements with the United States of America covering the *641 alteration of the Missouri ...
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This case arises under the fifth amendment to the Constitution of the United States and Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq., popularly referred to as the “Medicare Act.” It is presently before the Court on cross-motions for summary judgment and defendant’s motion to dismiss for lack of subject matter jurisdiction. There are basically two issues prese...
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This action was brought by the plaintiff Leeward Petroleum, Ltd. (“Leeward”), a Bermuda corporation, against the defendants Mene Grande Oil Co. (“Meneg”), a Delaware corporation, and Gulf Oil Corporation (“Gulf”), a Pennsylvania corporation, to redress a breach of contract and certain violations of the anti-trust laws. The defendant Gulf has moved to dismiss the allegations pending against it, ...
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MEMORANDUM OPINION Plaintiff, Minnesota Mutual Life Insurance Company, brought this interpleader action pursuant to 28 U.S.C. § 1335 to determine whether the $20,000 proceeds of a life insurance policy issued by it to the insured, J. Shannon Gustafson, should be distributed to his ex-wife or his children. This case was consolidated with other inter-pleader actions concerning the proceeds ...
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MEMORANDUM DECISION Plaintiffs, who are air traffic controllers at O’Hare Airport, bring this suit alleging that the conditions of extreme stress under which they must work cause permanent damage to their health in violation of their rights under the Occupational Safety and Health Act of 1970 (OSHA), 29 U.S.C. §§ 655 et seq. They assert that jurisdiction is here under 28 U.S.C. §§ 1331, 1361, and ...
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415 F.Supp. 619 (1976) Rudolph A. BERTSCH, Plaintiff, v. FORD MOTOR COMPANY, Defendant. Civ. A. No. 5-71755. United States District Court, E. D. Michigan, S. D. May 25, 1976. *620 Neal Bush, Detroit, Mich., for plaintiff. Richard J. Molloy, Ford Motor Co., Dearborn, Mich., for defendant. MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS PHILIP PRATT, District Judge. This action ...
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MEMORANDUM Petitioner, convicted in the Circuit Court of the City of St. Louis of murder in the first degree and serving a sentence of life imprisonment, seeks habeas corpus relief. The conviction was affirmed by the Missouri Supreme Court. State v. Dupree, 477 S.W.2d 129 (Mo.1973). The petition for the writ alleges three grounds therefor: (1) Alleged error in submitting the case to the jury on th...
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*385 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. This litigation was spawned by the indictment of 22 corporations and approximately-50 of their officers and employees for conspiring to fix prices of paperboard folding cartons. The in...
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MEMORANDUM Plaintiff, Cavalier Label Co. Inc., has moved herein for an order of this Court pursuant to Rule 60(b) of the Federal Rules of Civil Procedure vacating the dismissal of this action for want of prosecution entered April 16, 1975. For the reasons set forth below, the motion is denied. The facts leading up to the filing of the instant motion are critical to the Court’s decision to deny the...
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ORDER North American Corporation (NAC) sued Halliburton Company (Halliburton) in New York State Court for an alleged breach of a lease agreement. The action was removed to the United States District Court for the Southern District of New York and was subsequently transferred to this Court. Halliburton answered the Complaint and asserted a Counterclaim against NAC. NAC then filed a Third-Party Comp...
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OPINION Shaver, Transportation Company (Shaver) sued two grain merchants, Louis Dreyfus Corporation (Dreyfus) and Lees-Carney & Co. (Lees-Carney), to collect demurrage charges for delays in the unloading of two barges. 1 Dreyfus filed third-party complaints against Condon Grain Growers, Inc. (Condon) and Western Grain Exchange, Inc. (Western). Admiralty jurisdiction is invoked ...
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MEMORANDUM AND ORDER During the summer of 1973, defendant, a Maryland resident, and his family were vacationing in Canada with plaintiffs, residents of Pennsylvania. 1 On July 10, 1973, the vacationing group was traveling within the province of Ontario on a two-lane highway in defendant’s automobile. Defendant, who was driving at the time, attempted to pass a truck. Unfortunate...
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OPINION AND ORDER The complaint in this case alleges that the Defendants have entered into a conspiracy directed to monopolizing and unreasonably restricting the trucking of air freight to and from the major airport of the City of San Juan, Puerto Rico. By Motion dated October 15, 1975 the Defendant air carriers and Air Cargo, Inc., moved for summary judgment on the ground that the action cha...
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OPINION This matter is before the Court on cross-motions for summary judgment and a set of stipulated facts. At present there is a preliminary injunction in effect in conformance with my earlier opinion of February 11, 1974, 373 F.Supp. 36, which was affirmed on appeal by the First Circuit in 508 F.2d 1277 (1974). I shall refer to these cases collectively as Roselli I. The law governing this case ...
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OPINION The present litigation involves the “fall out” resulting from the legal battle waged between welfare recipients and the executive branch of the Rhode Island State government over the State’s conversion of its method of computing payments for Aid to Families with Dependent Children (“AFDC”) from one based on individual need to a “flat grant” method. That battle has been waged on tw...
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*1296 MEMORANDUM and ORDER This is an action pursuant to section 1319(b) and (d) of Title 33 of the Federal Water Pollution Control Act to collect civil money penalties for alleged violations of a National Pollutant Discharge Elimination System (NPDES) permit. The case is presently before the Court upon a motion by defendant to dismiss, or alternatively for summary judgment on the grounds tha...
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PROCEEDINGS ON REMAND I. Overcrowding. On January 12, 1976, the United States Court of Appeals heard argument on cross-motions for summary affirmance and summary reversal of this Court’s Interim Order of March 21,1975, prohibiting overcrowding and for vacation of the stay of that Order entered by the Court of Appeals on April 4, 1975 and continued in effect since that time. According to the m...
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MEMORANDUM AND ORDER This matter is now before the Court on plaintiffs’ Motion For Partial Summary *120 Judgment and defendants’ opposition thereto. In this class action suit, plaintiffs, who comprise a class consisting of all post-trial detainees at the D. C. Jail, seek to have the Court declare unconstitutional various conditions at the Jail and order defendants to remedy the deficiencies f...
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MEMORANDUM OF DECISION Petitioner, presently incarcerated at the Federal Correctional Institution in Dan-bury, Connecticut, challenges the adequacy of the reasons given by the Board of Parole in denying him parole. While the Board is entitled to confine a prisoner beyond his appropriate guideline range, see Fisher v. United States, 382 F.Supp. 241 (D.Conn. 1974), the issue here is whether such act...
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MEMORANDUM AND ORDER In support of its motion to dismiss, defendant raises two pertinent points; first, that this Court lacks jurisdiction of the subject matter for the reason that the cause was originally brought in an improper circuit court, and, second, that the complaint shows on its face that notice, as required by Chapter 29, § 16 of the Illinois Revised Statutes, was not given. This action ...
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*30 MEMORANDUM OPINION I. Background Thomas Meehan filed a two-count complaint on July 5,1975 charging that, despite his compliance with all the prerequisites of entitlement to pension benefits as set out in the regulations of the Laborers Pension Fund, the fund rejected his claim for a normal pension. The fund’s decision, which plaintiff appealed under the fund’s internal appeal procedur...
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MEMORANDUM OF DECISION AND ORDER In this action in which the unfair trade practice of “passing off” is alleged, a manufacturer and seller of industrial paints and coatings, Urecal Corporation (Urecal), seeks equitable and legal relief against its former distributor, Corrosion Control, Inc. (Corrosion). The action was tried to the court, the jurisdiction of which is based on the diversity of cit...
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MEMORANDUM OPINION This is an action brought by ten power utility companies challenging certain regu*393lations issued by Russell E. Train, the Administrator of the Environmental Protection Agency. The complaint prays for a declaratory judgment finding that the regulations are invalid and for a permanent injunction prohibiting enforcement of those regulations. The case is now before the court on ...
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MEMORANDUM AND ORDER I. This is a defamation action involving a Probe Report broadcast by defendant KMBC-TV during the 6:00 and 10:00 p. m. news on May 31, 1973. The Report was part of a two part series on rape in the Kansas City area. The broadcast contained the following language on the frequency of rape in different areas of the city: *1291 Rapes are also occurring, ...
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*580 OPINION Defendants Rev. Alberto Mejias, Mario Navas, Estella Navas, Henry Cifuentes-Rojas, Jose Ramirez-Rivera, Manuel Francisco Padilla Martinez and Francisco Cadena 1 have moved for an order, pursuant to 18 U.S.C. § 3164(b) and (c), releasing them from custody. The motion is denied. Because of the critical importance of the issues raised on this motion to the ad...
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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 injunctive relief and the enforcement of a covenant-not-to-compete provision of a contract of the parties. Prior to such removal, the state court of origin herein granted the plaintiff an order restraining the defendant * from violating further such covenant....
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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 disabled widow’s insurance benefits under the provisions of the Social Security Act, as amended. The plaintiff filed an application for disabled widow’s insurance benefits on J...
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Defendant filed a motion to suppress the evidence seized from his home following his arrest. His arrest was made pursuant to a warrant but no search warrant had been issued for the house. Defendant, presently incarcerated, is being prosecuted under a three count indictment, each count charging him with a violation of 18 U.S.C.App. § 1202(a)(1) alleging receipt and possession of a different fire...
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MEMORANDUM OF OPINION Plaintiff Richards of Rockford, Inc. (“Richards”) brought this diversity action against defendant Pacific Gas and Electric Company (“PG&E”). In the course of discovery, plaintiff moved to compel a third party to testify and to produce documents concerning certain confidential interviews with employees of PG&E. The issues having been briefed and argued, the Court denied the m...
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MEMORANDUM AND ORDER This matter now is before the Court on defendants’ Motion To Stay Pending Completion Of Review, and plaintiff’s opposition thereto. The instant action is a proceeding under the Freedom of Information Act, (FOIA) 5 U.S.C. § 552 et seq. to enjoin the Federal Bureau of Investigation (FBI) from wrongfully withholding requested records and documents. Plaintiff T...
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MEMORANDUM OPINION This proceeding presents questions for judicial determination regarding the limit and scope of constitutional rights afforded to members of the military, a subject which the courts have frequently considered in recent years. Here, three individual plaintiffs, on behalf of themselves and other members of the Marine Corps stationed at, assigned to or on duty at the Marine Corps...
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*400 RULING ON APPLICATION FOR ACCESS TO SUBPOENAED DOCUMENTS The Committee on Government Operations of the United States Senate seeks an order granting it access to documents presently held under subpoena by the Federal Grand Jury at New Haven. That Committee’s Subcommittee on Federal Spending Practices, Efficiency and Open Government is investigating the sale of meat products b...
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415 F.Supp. 596 (1976) S. C. LOVELAND, INC., Plaintiff, v. EAST WEST TOWING, INC., E. & I., Inc. in personam, and the TUG MISS CAROLYN, her engines, tackle, furniture, appurtenances, etc., in rem, Defendants. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, Plaintiff, v. S. C. LOVELAND, INC. and East West Towing, Inc., in personam and the TUG MISS CAROLYN, her engines, etc. and the BARGE LOVEL...
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OPINION The United States Government has moved, after remand of this matter by the Fifth Circuit Court of Appeals, 1 to dismiss the petition for habeas corpus filed by Josette Bauer in this Court. The Court of Appeals vacated an earlier order which granted the petition, and directed that further proceedings be had to receive evidence of “just exactly what the Secretary of State proposes to do...
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ORDER GRANTING SUMMARY JUDGMENT AND REMANDING THE CAUSE. Plaintiff Gul T. Ramani, who is already legally in this country, wishes to become a permanent resident (A.R. 60 type of visa). First, he must receive certification pursuant to 8 U.S.C. § 1182(a)(14) which provides for exclusion from the United States of: “Aliens seeking to enter the United States, for the purpose of performing skilled or un...
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MEMORANDUM AND ORDER This cause is before the court on the motion of the defendants for judgment on the pleadings or, in the alternative, for summary judgment and on the cross-motion of the plaintiff for summary judgment as to Count I. For the reasons hereinafter stated, the defendants’ motion shall be granted and the plaintiff’s cross-motion shall be denied. The plaintiff was rated ineligible for...
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MEMORANDUM AND ORDER This cause is before the court on the motion of defendant J. C. Penney Company, Inc. to dismiss the complaint filed by plaintiff Donald Weiss. For the reasons hereinafter stated, this motion shall be granted. The complaint alleges a civil action for damages to redress deprivations under color of law of civil rights, privileges and immunities secured by the Fourteenth Amen...
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This lawsuit involves a constitutional challenge to Rule 337 of the Iowa Rules of Civil Procedure, which requires judgment debtors in Iowa to obtain a bond in the amount of 125 percent of the judgment against them, guaranteeing full payment of that judgment, in order to prevent levy and seizure upon their non-exempt assets pending appeal. Plaintiffs assert that this supersedeas bond requirement...
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The issue raised in this case may be stated in this way: Is the negligence of the operator of a vessel imputed to the vessel’s owner in the absence of a master-servant relationship between the owner and operator? It arises in the following manner. *743 On October 7, 1972, a speedboat owned and operated by the defendant and used in the filming of the James Bond movie “Live and Let ...
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MEMORANDUM OPINION AND ORDER After unsuccessfully seeking access to certain records of the Washington Metropolitan Area Transit Authority (hereinafter WMATA), Plaintiff instituted the instant action to compel disclosure. Jurisdiction is predicated upon § 81 of the Washington Metropolitan Area Transit Authority Compact, Public Law 89-774, 80 Stat. 1324, 1350 (1966), Art. 41 § 317-81 Md.Ann...
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OPINION This is an action of tort brought by Paul L. Sriberg, a resident of Massachusetts and President of Roll Form Products, Inc., the corporate plaintiff, against individual residents of Missouri and corporations organized under the laws of Missouri. Count I of the complaint purports to set out a claim for libel and Count II purports to set out a claim for intentional interference with advan...
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OPINION AND ORDER Presently pending is the defendants’ effort to remove this action from state court; the plaintiff resists. BACKGROUND FACTS. The plaintiff, a train dispatcher, was on duty at the time of a collision between two trains near Havre. An investigative hearing was held shortly after the accident and resulted in the discharge of the plaintiff. The plaintiff alleges th...
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MEMORANDUM OPINION The plaintiff-prisoner Mr. John Leonard Bond, under sentence of this Court in United States of America, plaintiff, v. John Leonard Bond, Et Al., defendants, criminal action no. 7109, this district and division, claims the right to be released upon the ground that such sentence is subject to collateral attack, 28 U.S.C. § 2255,1 in that he was charged in the indictment therein in...
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Plaintiff, 1 a student at Virginia Polytechnic Institute and State University, brings this action, alleging a deprivation of substantive constitutional rights as a result of his prosecution under the Virginia Tech Student Life Policy, which allows defendants to take disciplinary action against students for “unlawful use or possession of drugs whether or not on university property.” There is n...
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MEMORANDUM AND ORDER This is an in rem action whereby the plaintiff United States of America seeks seizure, condemnation and destruction of some 50,000 devices known as “clacker balls”, all pursuant to the Federal Hazardous Substances Act (“FHSA”), as amended, 15 U.S.C. § 1261 et seq. Jurisdiction exists under the provisions of 15 U.S.C. § 1265 and 28 U.S.C. § 1345. ...
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415 F.Supp. 156 (1976) William G. FLORENCE, Plaintiff, v. UNITED STATES DEPARTMENT OF DEFENSE et al., Defendants. Civ. A. No. 75-1869. United States District Court, District of Columbia. May 20, 1976. Martin Michaelson, Hogan & Hartson, Washington, D. C., for plaintiff. Earl J. Silbert, U. S. Atty., Rex E. Lee, Asst. Atty. Gen., Jeffrey Axelrad, Richard E. Greenspan, Dept. of Justice, Washington,...
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RULING ON DEFENDANT’S MOTION TO DISMISS The defendant was arrested on April 25, 1975, as he attempted to conclude a cocaine transaction with an undercover operative of the Drug Enforcement Agency. On May 8, 1975, he was indicted for three offenses allegedly committed on April 10 and 17, 1975, involving the distribution of cocaine “samples” to the undercover agent. Plea negotiations broke down d...
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This cause is before the court on defendants Perrone and Yatman’s motion for reduction of bail. The trial resulted in the conviction of defendants under an indictment which charged conspiracy to distribute large quantities of cocaine. Defendants *862face the possibility of a lengthy period of incarceration because of the serious nature of the offense. After the return of the jury verdict a hearing...
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MEMORANDUM OPINION AND ORDER This criminal action presents the issue whether, on a charge of continuing criminal enterprise in violation of 21 U.S.C. § 848, venue lies in the Eastern District of Michigan where defendant himself neither set foot nor personally committed a component crime in this district during the course of the enterprise. For the reasons which follow, the court holds tha...
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415 F.Supp. 591 (1976) Ann SMITH, Plaintiff, v. REXALL DRUG COMPANY, Defendant. No. 75-714C(3). United States District Court, E. D. Missouri, E. D. May 20, 1976. Louis Gilden, Gilden & Dodson, St. Louis, Mo., for plaintiff. Harry L. Browne, Jack L. Whitacre, Sandra L. Schermerhorn, Spencer, Fane, Britt & Browne, Kansas City, Mo., and Paul S. Kuelthau, Moller, Talent & Kuelthau, St. Lo...
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OPINION Plaintiff, Robert Marietta, a former employee of defendant Cities Service Oil Co. (hereinafter referred to as “Citgo”), and a member of defendant Oil, Chemical and Atomic Workers Union, Local 8-337 (hereinafter referred to as “local union”), brought an action against the aforesaid defendants seeking to be reinstated in his former position with Citgo and for damages. The suit again...
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MEMORANDUM In accordance with the order entered herein on February 4, 1976, in Carolina Floral Import Inc., et al. v. M. V. EURYPYLUS, etc., 75 Civ. 5768, the attorneys for petitioner Ta Chi Navigation (Panama) Corp. S. A., as owner of the M. V. EURY-PYLUS, for exoneration from or limitation of liability, and for cargo claimants, have agreed to submit the following question for determination in t...
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OPINION This action challenges again the directive of the New York City Board of Education (“City Board”) to the Community School Board of District No. 3 (“Local Board”) that the school day on Mondays and Fridays be shortened by forty-five minutes in all public schools throughout the city. The power of the City Board to lower the hours of instruction in the New York City public school sys...
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OPINION AND ORDER This is an action to recover under a Jewelers’ Block Policy issued by defendant Lloyd’s Underwriters (“Lloyd’s”) to plaintiff, Jerome I. Silverman, Inc. (“Silver-man”). Lloyd’s now moves for summary judgment under Rule 56, Fed.R.Civ.Pro. The loss in question occurred while the jewelry was entrusted to plaintiff’s “manufacturer’s representative,” Maurice Orgel, a *90 defend...
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ORDER This is an action instituted pursuant to 28 U.S.C. §§ 1331 and 1361, seeking preliminary injunctive relief, damages and a writ of mandamus directing plaintiff’s promotion to the rank of Brigadier General in the Army Reserve. Defendant opposes the Motion for Preliminary Injunction, and has moved to dismiss the Complaint, or in the alternative for summary judgment. Specifically, plaintiff alle...
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MEMORANDUM, ORDER OF DISMISSAL, AND GRANT OF SUMMARY JUDGMENT Plaintiffs in this action, Edward E. Shore and L. L. Morris, Jr., claim that they were wrongfully dismissed from their positions of employment in the Adult Probation Office of Tarrant County, Texas, by Defendants Karl Howard and Andy Fournier. Contending that Defendants have denied them the rights, privileges, and immunities gu...
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OPINION and JUDGMENT Plaintiff in this case has alleged a denial of due process based upon a deprivation of a property interest without a hearing. She also raises a defamation claim. She alleges jurisdiction based on 28 U.S.C. § 1343 and damages based on a violation of 42 U.S.C. § 1983. Defendants have filed a Motion to Dismiss in which they maintain, among other things, a lack of the requisite...
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MEMORANDUM OPINION WITH ORDER ATTACHED IPREFACE This Memorandum Opinion, as well as the Order which is appended hereto, are being entered under the above and foregoing caption, not as the resolution of inmate Roy Barnes’ complaint — that will come later, after a full hearing on the merits of his individual complaint — but for lack of any other appropriate caption for future reference and iden...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW INTRODUCTION In this action plaintiff E. F. Hutton and Co. (“Hutton”) seeks a judgment against a former customer, Bruce B. Burkholder (“Burkholder”), for $59,416.00 allegedly due and owing on a commodity futures brokerage account. The plaintiff liquidated defendant’s account on June 28, 1974. Defendant denies any liability to plaintiff, claimin...
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OPINION Before GIBBONS, Circuit Judge, WRIGHT and LAYTON, Senior District Judges. This case arises under the continuing jurisdiction of this Court to implement prior opinions finding unconstitutional segregation in the public schools in Delaware. 1 The instant opinion concerns the choice of an appropriate remedy for constitutional violations in the operation of the schools...
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ORDER GRANTING SUMMARY JUDGMENT This cause is before the Court on motion of all defendants to dismiss the complaint or in the alternative, to grant summary judgment. The issues have been briefed and affidavits having been submitted and the Court having considered the record as it stands in toto, the motion will be treated as one for summary judgment. Rule 12(e), FRCP. In Count I of his compla...
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ORDER This is an enforcement action brought by the Government on account of defendants’ alleged violations of Title VIII of the Civil Rights Act of 1968, 42 U.S.C. § 3601, et seq. See 42 U.S.C. § 3613. The action is presently before the court on defendant Chatham’s motion to reconsider this court’s order of December 23, 1975, dismissing defendant’s counterclaim for damages brou...
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*86 DECISION ON DEFENDANTS’ MOTIONS TO DISMISS The remaining defendants in this case, consisting of the Governor of the State of Illinois, the Director of the Illinois Department of Financial Institutions, and the Director’s individual appointee James T. Otis have filed separate motions to dismiss the complaint for failure to state a claim upon which relief can be granted and for other simila...
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MEMORANDUM OPINION Various defendants have brought motions to dismiss and for summary judgment. This opinion disposes of those motions. Plaintiffs four-count complaint seeks to recover in each count $25,000 actual damages and $25,000 in punitive damages plus costs. Count I alleges the wilful and malicious arrest and detention of plaintiff without probable cause, Count II the beating by indivi...
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DECISION AND ORDER Plaintiff, Virgil Carothers, filed this complaint on behalf of himself and on behalf of all members of a class therein described. The court’s jurisdiction is invoked under the provisions of 28 U.S.C. § 1336(a), involving Interstate Commerce Commission orders. The litigation proceeds from the following operative facts. Defendant, a Delaware corporation, with its principal office...
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MEMORANDUM OPINION Today we are called upon to decide at what point a federal district court is warranted in terminating injunctive orders in a public school desegregation case and finally dismissing the action. We regard this issue as one of major import and thus deserving most careful treatment of both facts and law. On November 25, 1975, the defendant Corinth Municipal Separate Sc...
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MEMORANDUM OF DECISION This is an employment discrimination action pursuant to Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e). Defendant has filed a motion seeking dismissal of the complaint for lack of timeliness, arguing plaintiffs failure to file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 days of the date upop which the alleged discrimination occu...
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OPINION Plaintiff (hereafter, “Architect”) is a Maryland corporation. It sues (on diversity grounds) in the District of New Jersey to recover fees for architect’s services in preparing and certifying plans and specifications for a building to be constructed in New Jersey. The defendant owner (with whom the contract was made), as well as collateral defendants, say that the fees claime...
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OPINION Petitioner, Bernice E. Davis, seeks issuance of a writ of habeas corpus pursuant to the provisions of 28 U.S.C. § 2241 et seq., attacking the legality of her confinement in the New Jersey State Prison. The grounds set forth in the petition are: first, that there has been an unlawful delay in arraignment by New Jersey authorities depriving petitioner of due process of law; second, that peti...
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MEMORANDUM Plaintiff, Willie McLean, brings this action on behalf of himself and others,1 seeking to enjoin the enforcement of certain federal and state regulations, promulgated under the Work Incentive Program [“WIN”] of the Social Security Act [“SSA”], 42 U.S.C. § 601 et seq. Named as defendants are David Mathews, the Secretary of Health, Education and Welfare [“HEW”], W. J. Usery, Jr., the Sec...
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This is an appeal by the trustee for the liquidation of Weis Securities, Inc. (Weis) under the Securities Investor Protection Act of 1970 (SIPA, 15 U.S.C. § 78aaa and following) from an order of Bankruptcy Judge Babitt, filed November 20, 1975. The order provides for allocation of the total of administrative expenses incurred by the trustee during the period of May 30, 1973 to May 31, 1974 between...
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MEMORANDUM AND ORDER This matter comes before the Court for disposition of two motions by the defendant: (1) that plaintiff’s demand for a trial by jury be stricken and (2) that plaintiff’s class action claims be dismissed and the paragraphs of the complaint setting forth the class action claims be stricken. Briefs on the motions have been filed by counsel and oral argument was presented on May 14...
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ORDER The Court has under consideration the motion of Defendant to dismiss for lack of in personam jurisdiction over it. By response the Plaintiffs oppose the motion. Both parties have filed briefs in connection with the motion and the Court has conducted a full evidentiary hearing thereon, at the close of which oral arguments were received. In this case Plaintiffs assert two causes of action aga...
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OPINION AND ORDER The Defendant has filed a Motion to Vacate Dismissal of his Counterclaim. The Plaintiff, a Pennsylvania corporation, filed suit in assumpsit on October 1, 1974 in the Court of Common Pleas of Allegheny County to collect a real estate broker’s commission and began its action with writs of foreign attachment seizing Defendant’s rents from certain property located in the City of Pi...
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MEMORANDUM AND ORDER Plaintiffs, who are defendants in ongoing or imminent criminal prosecutions in the Court of Common Pleas of Chester County, have filed a civil rights complaint alleging various violations of their federal constitutional rights by defendants. The defendants are William Lamb, the Chester County District Attorney, and various Common Pleas Court Judges in Chester County. The comp...
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OPINION Plaintiff, Chips ’N Twigs, Inc., instituted this suit against defendant Chip-Chip, Ltd., charging the latter with statutory trademark infringement and false designation of origin of goods in violation of sections 32(1) and 43(a) of the Lanham Act, 15 U.S.C. §§ 1114(1) and 1125(a), and common law unfair competition. Presently before the court is the plaintiff’s motion for a prelimi...
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MEMORANDUM Plaintiff, Lowry Hospital Association, seeks a permanent injunction prohibiting defendants from recovering certain over-payments made to plaintiff under the Medicare program * during the period January 1, 1967 through May 31, 1970. Plaintiff also seeks a judgment against defendants in the amount of $10,301.00 which represents funds which have already been recovered by defendants fo...
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MEMORANDUM OPINION AND ORDER This is an action brought by the plaintiff union to enforce compliance by the defendant employer of a binding grievance settlement entered into by the parties pursuant to their collective bargaining agreement. 1 29 U.S.C. § 185. The defendant moved for a dismissal on the ground of lack of the Court’s jurisdiction of the subject matter, and the plain...
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MEMORANDUM Plaintiffs, black and female employees and applicants for employment for the defendant at its Petersburg, Virginia plant, bring this action pursuant to 42 U.S.C. §§ 1981, 2000e to redress alleged racial and sexual discrimination in defendant’s employment practices. Plaintiffs allege that defendant engages in discriminatory hiring, discharge, promotion and compensation practices...
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MEMORANDUM AND ORDER Plaintiff Equal Employment Opportunity Commission (EEOC) brought this action under section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (Title VII), to correct alleged discrimination by defendant in its employment practices. Specifically, EEOC alleges in its complaint that defendant has discriminated against Indians and other m...
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ORDER This cause is now before the Court on motions for reduction of bond and motions to suppress filed herein by all Defendants. Upon consideration of said motions to reduce bond and of arguments made by counsel in open Court, it is ORDERED by this Court that said motions to reduce bond be, and the same are hereby, denied. By their motions to suppress, the Defendants are seeking to suppress a qua...
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ORDER DISMISSING COMPLAINT On December 8, 1974 in the Balboa outer anchorage there occurred a collision between the plaintiff’s vessel, s/s TENA-DORES, and the m/v CLYDEBANK, which at the time of the collision was being operated under the control of a pilot employed by defendant Panama Canal Company. This suit grows out of that collision. On defendant’s motion to dismiss, a single issue prese...
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RULING ON MOTION FOR JUDGMENT OF ACQUITTAL In this action, the defendant was indicted and convicted of two counts of perjury as a result of his testimony before a grand jury in which he denied engaging in bookmaking activity in violation of 18 U.S.C. § 1623. Prior to and during the trial, the defendant vigorously moved to suppress the alleged perjurious statements on the ground that his testimony ...
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ORDER ON MOTION FOR DEFAULT JUDGMENT Plaintiffs’ motion for default judgment against defendant Santos Pena requires this Court to determine whether the Farm Labor Contractor Registration Act of 1963, 7 U.S.C. § 2041 et seq., allows liquidated dam *850 ages as a form of relief in civil actions brought by a private citizen. The Act provides: . If the court finds that the r...
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ORDER Petitioner filed his pro se petition for writ of habeas corpus on February 13,1976. He alleged that he was subjected to double jeopardy when after what he termed “15 successful months on parole,” his parole was revoked by the Florida Parole and Probation Commission. He is now compelled to serve the remainder of his sentence without credit for the fifteen months spent on parole; and he h...
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ORDER This is an appeal from the January 29, 1976 order of the bankruptcy judge holding the appellant, Citizens & Southern National Bank (hereinafter referred to as “C & S”), in contempt of court. At the time the debtor filed her petition under Chapter' XIII of the bankruptcy act, 11 U.S.C. §§ 1001, et seq., she had a balance of nearly $245.00 in her checking account with ...
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OPINION Cornelius W. Caruso, a member of the Bar of this Court, was named in a four-count indictment returned in Essex County Court. The indictment alleged obtaining money by false pretenses, attempting to obtain money by false pretenses, solicitation to commit bribery and giving or accepting bribes in connection with government work or service. The bribery count was dismissed at the end of the...
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MEMORANDUM OPINION RE COUNSEL FEES This case is again before the court solely on the question whether an award of counsel fees is appropriate under the facts of this case and, if so, on what basis. In its original opinion this court, relying upon two Supreme Court cases, Hall v. Cole, 412 U.S. 1, 93 S.Ct. 1943, 36 L.Ed.2d 702 (1973), and Vaughan v. Atkinson, 369 U.S. 527, 82 S.Ct. 997, 8 L....
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MEMORANDUM AND ORDER By a single count Information filed in this Court January 26, 1976, upon his waiver of indictment, defendant is charged with knowing and wilful concealment and possession with intent to defraud, on August 8, 1975 of nine (9) counterfeit $50.00 Federal Reserve Notes. Defendant has moved to suppress the notes, which were seized from his person by a New York City traffic patrolma...
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MEMORANDUM Plaintiff George Stroganoff-Scherbatoff commenced these actions alleging conversion of certain works of art by defendants Henry H. Weldon, Charles B. Wrightsman and Jayne Wrightsman. Specifically, in a complaint filed February 6, 1974, plaintiff alleged that Henry H. Weldon “converted to his own use a painting known as Portrait of Antoine Triest, Bishop of Ghent, [“Triest Portr...
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MEMORANDUM Defendants Falconbridge Nickel Mines Limited (“Falconbridge”), La Luz Mines Limited (“La Luz”), and Ventures Limited (“Ventures”) seek an order of this Court dismissing the complaint in this action as to each of them. The motions are based upon: (1) Rules 4(a) and 41(b) of the Federal Rules of Civil Procedure for the plaintiffs’ more than seven year delay in prosecuting the action agai...
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MEMORANDUM This matter is before the Court on TVA’s motion to strike defendant’s answer to the extent that such answer challenges TVA’s authority to take the property in question. Alternatively, TVA has moved for partial judgment on the pleadings with respect to that issue. The property involved is part of TVA’s Tellico Project, which has been the object of litigation in this Court on numerous occ...
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MEMORANDUM The Clerk is instructed to file this action without prepayment of fees and costs. 28 U.S.C. § 1915. Steve M. King has filed a motion pursuant to 28 U.S.C. § 2255. He was convicted on May 21, 1971, as charged in Count I of the Indictment, of conspiring to engage in the manufacture of counterfeit $10.00 Federal Reserve Notes, and, as charged in Count III of the Indictment, of aiding and a...
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MEMORANDUM OPINION I. Plaintiffs in this private civil antitrust action are eighteen independent pharmacy *345 owners doing business in San Antonio, Texas. Defendant Group Life and Health Insurance Company, also known as Blue Shield of Texas (“Blue Shield”), is an insurance company duly authorized by the Texas State Board of Insurance to transact the business of life, he...
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OPINION AND ORDER Plaintiff, Archer E. King, III, was removed from his position as an Electronics Engineer (GS-0855-9, Step 10) at the Naval Air Rework Facility, Norfolk, Virginia, for inefficiency in the performance of his duties. The plaintiff appealed the decision of the aeronautical Engineering Head, Naval Air Rework Facility, sustaining plaintiff’s termination through the United States Civ...
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MEMORANDUM OPINION and ORDER These are two cases brought by Robert Edward Spencer, an inmate at Wise Correctional Unit # 18. The petitioner was sentenced by the Honorable 0. Raymond Cundiff in the Circuit Court of the City of Lynchburg on a guilty plea to a charge of uttering a false check. The petitioner entered this plea midway through his trial before a jury after the prosecution agreed in a...
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OPINION In this class action, plaintiffs seek to compel the Secretary of Housing and Urban Development and certain officials thereof (hereinafter HUD) to implement the rent supplement provisions of the Housing and Urban Development Act and the operating subsidy provisions of the National Housing Act, as amended respectively by the Housing and Urban Development Act of 1970 and the Housing and Co...
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MEMORANDUM AND ORDER This is an action for alleged violations of the Sherman Act, 15 U.S.C. § 1 et seq. Particularly, plaintiff alleges a combination in restraint of trade between the three original defendants wherein they agreed to limit licensing of first-run movies in Frederick, Maryland, to two of the defendants. Plaintiff owns three movie theatres in Frederick and is engag...
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MEMORANDUM OF FINDINGS OF FACT AND CONCLUSIONS OF LAW This suit concerns the federally sponsored Nutrition Program for the Elderly. Plaintiffs allege that defendants are impounding funds which Congress intended to be available for the program during Fiscal Year 1976 and request preliminary and permanent injunctive relief. The parties came before the court on April 30, 1976 for a scheduled heari...
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OPINION This school desegregation suit was commenced in 1972 to determine whether the Lansing Board of Education violated the constitutional rights of the district’s schoolchildren by denying them equal educational opportunity on the basis of race. The court recognizes that the issues involved are of particular interest and vital significance to all Lansing area citizens. Therefore, this opin...
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OPINION Plaintiff, a nonprofit environmental corporation, seeks declaratory and injunctive relief alleging that the proposed project to reconstruct a .85 mile section of Route 13 in Mont Vernon, New Hampshire, is being undertaken by the defendants in violation of federal and state law. 1 Defendants are various federal and state highway officials. In its complaint, plaintiff all...
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OPINION Tremarco has filed a petition, purportedly under 28 U.S.C. § 2255, asking to have vacated his convictions and sentences imposed on Counts I and IV of the indictment in Crim. No. 19-71, in this court. In accordance with the statute, the court has examined the motion, the files and records in Crim. No. 19-71, to determine whether they conclusively show that Tremarco is entitled to no re...
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In this proceeding the Court is confronted with the difficult question of interpreting a federal statute in a manner which, according to the express meaning, raises in the mind of the Court grave doubts as to whether its objectives could have been accomplished in a more practical manner. The facts appear as follows. On December 12, 1974, the defendant, John Mauro, was sentenced to a term o...
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MEMORANDUM The Court of Appeals for the Second Circuit affirmed the convictions of the defendant Herbert Sperling under 21 U.S.C. § 846 for conspiracy to violate the narcotics laws as charged in Count I of the Indictment and under 21 U.S.C. § 848 for engaging in a continuing criminal enterprise as charged in Count II of the Indictment. United States v. Sperling, 506 F.2d 1323 (...
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Defendants have moved this Court pursuant to Rule 12 of the Federal Rules of Civil Procedure for an order dismissing substantial portions of the plaintiffs’ complaint; an order striking certain counts of the complaint; an order for a more definite statement as to the counts not dismissed or stricken; an order pursuant to Rule 2 and Rule 15 of the Civil Rules of the Southern District of New York...
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These two actions challenge the constitutionality of the New York State Emergency Moratorium Act for the City of New York, 1975 McKinney Session Laws, Chapter 874 (the “Act”) which was enacted November 14, 1975 at an Extraordinary Session of the New York State Legislature convened specially to deal with the impending default of New York City on full faith and credit obligations falling due in Dec...
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OPINION The fashionable notion of “trade-offs,” reflecting the pressures of a crowded world, describes aptly the often hard choices of policy and law affecting our environment. Those who govern the harried City of New York are commanded to discourage motor vehicle use and promote mass transit as one means of recapturing breatheable air for those who live and work here. Cf. Friends of Earth v. ...
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MEMORANDUM The cross motions for summary judgment in this case arise out of a dispute between the Government and the defendants regarding the proper use of the sur *1375 face area of unpatented mining claims. The defendants are Curtis-Nevada Mines, Inc., a Nevada mining corporation, and Robert Curtis, the corporation’s president. The mining claims in question here are located in Mono County, ...
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MEMORANDUM AND ORDER On April 24, 1968, the plaintiff, Parking Management, Inc., (hereafter “PMI”) entered into a written agreement with the. defendants, Union Center Plaza Associates, et al., (hereafter “Plaza ■ Associates”) in which the Plaza Associates agreed to lease to PMI 252,000 square feet of garage space in the Union Center Plaza South Building, the construction of which had not yet begun...
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OPINION This is an action brought by thirteen states, one county and one intervening state 1 against F. David Mathews, successor Secretary of Health, Education and Welfare (HEW) and the administrator, Social and Rehabilitation Service in HEW. Plaintiffs, all participants in the Aid to Families with Dependent Children (AFDC) program, seek to have the HEW regulation contained in 45 C.F.R. § 205...
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MEMORANDUM This case involves a challenge to the decision of the Department of Defense to realign certain military operations at the Pueb *1226 lo Army Depot (PUAD), Pueblo, Colorado. This action of the defendants will result in the loss of approximately 1800 civilian jobs out of a total civilian workforce at PUAD of 2600. Plaintiffs are the National Association of Government...
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MEMORANDUM OF DECISION Gregory A. Johnson, an enlistee and Electronics Technician third class in the United States Navy, seeks habeas release from military service on the ground that he is a conscientious objector. His initial petition *12was filed on November 13, 1975, following notice from the Chief of Naval Personnel that his application for a discharge had been denied. At that time, the Court ...
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412 F. Supp. 1012 (1976) Frank R. DiLORENZO v. ROBERT E. LEE, INC. Civ. A. No. 75-2256. United States District Court, E. D. Louisiana. May 14, 1976. *1013 Michael E. Coney, Darryl J. Tschirn, Metairie, La., for plaintiff. James L. Wheeler, Wheeler & Wheeler, New Orleans, La., for defendant. HEEBE, Chief Judge: Plaintiff DiLorenzo alleges that he was injured on March 25, 1975 while working abo...
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MEMORANDUM AND ORDERS ON OUTSTANDING MOTIONS The plaintiff’s motion to compel answers to its third set of interrogatories is ALLOWED, subject to the right of defendants to limit their answers to franchise dealers and dealer enterprise dealers in the Boston metropolitan area. Answers shall be filed within thirty days. Objections to the interrogatories are OVERRULED. The motion to terminate the depo...
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OPINION This matter is before the court on a motion by defendant to suppress the admission into evidence of a sawed-off shotgun seized by the government on the landing outside defendant’s apartment. Defendant is charged in a one-count indictment with knowingly possessing a sawed-off shotgun that had not been registered to him in violation of 26 U.S.C. §§ 5861(d) and 5871. The course of events...
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OPINION On April 16, 1973, this court entered an order, designated Special Master Order No. 1, appointing special masters pursuant to Fed.R.Civ.P. 53 for the purpose of making recommendations to the court regarding the validity of claims of privilege asserted by the parties. The history of the masters’ proceedings with respect to documents withheld by defendant International Business Machines Corp...
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MEMORANDUM AND ORDER Plaintiff, Carrie Westgard, brought suit in this Court on February 8, 1974, against Casper Weinberger, Secretary of Health, Education and Welfare, to recover the cost of her hospitalization from December 6, 1971, to January 8, 1972. The action was brought pursuant to 42 U.S.C. § 405(g), and 42 U.S.C. § 1395ff, which provide for judicial review of final decisions of the Secreta...
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ORDER DENYING PETITION FOR HABEAS CORPUS RELIEF Although this Court has reviewed a number of habeas corpus petitions presenting a great variety of issues, this Court finds the present case to be quite novel. On May 3, 1960, the Petitioner, Arturo T. Esquivel, was sentenced to serve 5 years for robbery and sentenced to life imprisonment for murder. Only the murder conviction was appealed. The co...
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RULING ON DEFENDANT’S MOTION TO DISMISS The issue presented by defendant’s motion to dismiss is whether the Double Jeopardy Clause of the Fifth Amendment will be violated by the retrial of the defendant, Sylvio J. Grasso, after his original trial ended in a mistrial declared by the trial judge, sua sponte. I. The moving papers indicate that on April 16, 1975, the defendant was indicted on...
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MEMORANDUM OF DECISION Petitioner, convicted on his plea of guilty to conspiracy to commit a theft from interstate shipment, 18 U.S.C. §§ 659, 371, moves to vacate sentence under 28 U.S.C. § 2255 primarily on the ground that his co-defendant was subsequently acquitted of the substantive offense. It has been observed that “where an indictment for conspiracy names only two, an acquittal or reve...
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MEMORANDUM DECISION This is a civil rights action initiated pursuant to the provisions of 28 U.S.C. § 1343 and 42 U.S.C. § 2000e et seq. and § 1981. Plaintiff, a former black employee of Tallahassee Motors, Inc., alleges that he was involuntarily terminated in January, 1974 because of his race, and that his treatment was an integral part of a pattern and practice of discrimination against black p...
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MEMORANDUM I. This is a suit to enforce rights under the Illinois Mortgage and Foreclosure Act, Ill. Rev.Stat.1975, ch. 95, §§ 23 et seq., filed by nine trustees of a Massachusetts business trust. The relief sought is foreclosure of a first and a second mortgage on real estate situated within the district of this court. Jurisdiction is claimed to exist under 28 U.S.C. § 13...
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MEMORANDUM OPINION AND ORDER Defendant Amy Everston Jones is charged in a ten-count indictment with *965 transportation in interstate commerce of stolen, converted, or fraudulently obtained securities valued at more than $5,000 in violation of 18 U.S.C. § 2314; and with receiving, selling, or disposing of those same securities knowing them to have been stolen, converted, or t...
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MEMORANDUM OF DECISION On May 4, 1973, plaintiff herein, B. M. Nunnery, Jr., submitted an application through the Mitchell Company of Clarksdale, Mississippi, for a policy of flood insurance on a frame dwelling located at Catfish Point in Bolivar County, Mississippi, pursuant to the National Flood Insurance Act of 1968. On or about May 15, 1973, the insured dwelling and contents were damaged by fl...
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*346 MEMORANDUM AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner, a convicted state prisoner currently confined in the Missouri State Penitentiary, Jefferson City, Missouri, has filed in forma pauperis a petition for writ of habeas corpus seeking to have this Court set aside, as involuntary, his plea of guilty to a charge of rape entered in the Circuit Court of Jackson County...
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MEMORANDUM AND ORDER ON PENDING MOTIONS This is an action by which plaintiff seeks judicial review of his discharge from employment with defendant, the United States Postal Service. Also joined as a defendant is Theodoric Bland, Postmaster for Kansas City, Missouri. .This cause pends on cross-motions for summary judgment and defendants’ motion to dismiss. The entire record of the administ...
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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. This litigation consists of eight actions instituted by Western Electric Company, *379Inc. in five various federal forums: three in the District of Delaware; two in the Northern District of Texas; and...
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OPINION Defendant herein is charged in a one-count indictment with knowingly possessing a sawed-off shotgun that had not been registered to him in violation of 26 U.S.C. §§ 5861(d) and 5871. The matter is presently before the court on the motion by the defendant to suppress the shotgun after it had been discovered during the course of a search conducted of the defendant’s locker at police headq...
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MEMORANDUM Defendant in this admiralty action, a Panamanian corporation, moves for an order dismissing the complaint and vacating the maritime attachment dated March 12, 1976 attaching approximately $40,000 at the Marine Midland Bank held for defendant in an agency account in the name of All Seas Shipping Agency, Inc. (“All Seas”). On November 13, 1974, plaintiff, as owner of the M.V...
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MEMORANDUM and ORDER Plaintiff sued defendant for commissions and expense reimbursement in Nassau County Supreme Court on or about March 31, 1976. On April 21, 1976, defendant served an answer in the Nassau County Court and filed it in that Court on April 22, 1976. 1. On April 23, 1976, at 2:14 p. m., defendant filed in this Court a removal petition and bond and mailed copies of them and of a...
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MEMORANDUM Defendant RCA Corporation in this contract action asserting non-federal claims moves for dismissal of the complaint for lack of subject matter jurisdiction on the ground that the requisite diversity of citizenship is lacking. 1 On the facts adduced as shown hereafter, the motion must be granted. Plaintiff sues for rescission of a sale of an automatic bowling sco...
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*247 OPINION We have before us six completed vouchers and accompanying affidavits submitted under the Criminal Justice Act (hereinafter occasionally referred to as “CJA” or “the Act”) by court-appointed attorneys (“petitioners”) from the CJA panel. Each attorney represented an indigent defendant in the trial of United States v. Tutino, et a 1. (75 Cr. 1038), which involved an 18-count indic...
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MEMORANDUM AND ORDER This case is before this Court on remand from the Court of Appeals for a trial as to all issues. Fine v. City of New York, 529 F.2d 70 (2d Cir. 1975). Familiarity with that opinion is assumed. Plaintiff had appealed from a judgment of this Court granting motions dismissing the complaint solely as to defendants Gaudelli, Kahn, Kornberg and Klein, and dismissing, sua sponte, th...
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ORDER This is a proceeding for writ of habeas corpus by a federal prisoner at the Federal Reformatory, El Reno, Oklahoma, in which the petitioner claims that he is entitled to relief because the United States Board of Parole did not give him an institutional review hearing in November, 1975. From the court’s examination of the files and records herein it appears that on November 26,1973, the petit...
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ORDER This is a breach of contract action arising from an agreement between the parties in regard to financing mobile homes. Plaintiff is a lending institution and Defendant appears to be engaged in the business of providing various services in regard to loans on mobile homes. Plaintiff brought the action alleging Defendant breached the agreement between the parties by failing to provide services...
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*387 MEMORANDUM AND ORDER This is a suit by the Secretary of Labor (the Secretary) on behalf of a former employee of the defendant who claims he was discriminatorily discharged in retaliation for complaining about the health and sanitation conditions of his job with the defendant. The suit has been brought pursuant to section 11(c) of the Occupational Safety and Health Act of 197...
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OPINION On April 28, 1973, approximately eighteen bomb loaded boxcars exploded in Southern Pacific Transportation Company’s Antelope Yard in Roseville, California. These boxcars and bombs, both the property of the United States, were being hauled by the Southern Pacific Transportation Company (hereinafter Southern Pacific), under a contract with the Department of the Navy, from Hawthorne,...
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RULING ON MOTION TO DISMISS The defendant has moved to dismiss this qui tam action brought pursuant to 35' U.S.C. § 292 and 28 U.S.C. § 1338, on the ground that venue does not properly lie in this District. The motion is denied. The statutory basis for the action, 35 U.S.C. § 292, provides a fine of not more than $500 for marking upon, affixing to, or using in advertising in connection with any un...
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• This matter is before the Court on plaintiff’s motion for summary judgment. The Court has had the benefit of extensive briefing of the issue of the applicability of the parol evidence rule to defendant’s alleged affirmative defense of failure of consideration and is fully apprised in the premises. Plaintiff has sued defendants to collect on various notes and guaranties which were admittedly exec...
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ORDER By order dated December 22, 1975, this court held that the federal tax lien of the United States took priority over the equitable liens claimed by the First National Bank of Cartersville [hereinafter referred to as the “Bank”] as to certain property in the name of Lamar Hill which was allegedly purchased with proceeds of funds he embezzled from the Bank. See First National Ban...
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MEMORANDUM AND ORDER The defendant pled guilty to a violation of 21 U.S.C. § 846, conspiracy to distribute a Schedule III controlled substance, Phencyclidine Hydrochloride. On April 28, 1976, the court determined that the defendant was suitable for handling under the provisions of the Young Adult Offenders Act, 18 U.S.C. § 4209, and ordered the defendant committed to the custody of the Attorney...
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OPINION This is a civil action in the nature of a complaint to quiet title to a parcel of real estate located on Martha’s Vineyard in West Tisbury, Massachusetts. Jurisdiction of this court is based on diversity of citizenship and the claim that the amount in con *328 troversy exceeds $10,000. Defendant’s answer puts in issue whether the amount in controversy does, in fact, exceed $10,000. ...
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MEMORANDUM AND ORDER ON MOTION FOR PRELIMINARY INJUNCTION The plaintiff brings this motion against the individuals named in their Amended Complaint and Local 1228 of the Interna *581 tional Brotherhood of Electrical Workers, seeking to enjoin those defendants from interfering with the plaintiff’s cameramen. The issue is whether the testimony adduced by the plaintiff warrants ...
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OPINION This is an action to enforce an arbitration award entered by the International Chamber of Commerce Court of Arbitration at Berne, Switzerland, on December 30, 1974. The petitioner, Biotronik Mess-und Thera-piegeraete GmbH & Co., (hereafter “Biotro-nik”) is a West German manufacturer of implantable cardiac pacemakers and accessories. The respondent, Medford Medical Instrument Co. (...
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OPINION This is an action to review an order of the Immigration and Naturalization Service denying the application of plaintiffs Carlos and Beatriz Acosta for a stay of deportation. Plaintiffs also seek a declaratory judgment of the invalidity of the order of deportation and the denial of the stay application on grounds that those orders violate plaintiffs’ constitutional rights. The...
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427 F.Supp. 12 (1976) Ronald Wayne SHERMAN, Petitioner, v. Carl E. HIRSHMAN, United States Marshal for the District of New Jersey, et al., Respondents. Civ. A. No. 76-557. United States District Court, D. New Jersey. May 12, 1976. *13 Roger A. Lowenstein, Federal Public Defender, D. N. J., Newark, N. J., John J. Hughes, Asst. Public Defender, Newark, N. J., for petitioner. Jonathan L. Goldstein, ...
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MEMORANDUM AND ORDER Upon his plea of guilty, petitioner was convicted in the Supreme Court of the State of New York, New York County on July 24, 1975, of criminal contempt in the first degree, N. Y. Penal Law § 215.51. Petitioner was sentenced to a term of five months imprisonment. 1 He was permitted *1216 to continue on bail pending review by the state appellate courts. The Appellate Divi...
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MEMORANDUM OPINION On February 25, 1976, the parties to this action entered into a Stipulation of Compromise and Settlement, under the terms of which this action would be terminated. Pursuant thereto, on February 27,1976, this court signed an order for a hearing to be held for the purpose of determining whether that Stipulation should be approved as fair, reasonable and adequate and whether judgme...
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MEMORANDUM OPINION AND ORDER Defendant has moved this Court, pursuant to Rule 52(b) F.R.Civ.P., for an order amending its findings of fact and conclusions of law filed in the above captioned action on June 19, 1975. Also sought is an amendment of the judgment as provided for by Rule 59(e) F.R.Civ.P. or, in the alternative, a new trial pursuant to Rule 59(a) F.R.Civ.P. Plaintiff has countered wi...
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ORDER This is an action for alleged medical malpractice arising from treatment rendered by Defendant Shaughnessy to Plaintiff for an injury to his right hip. Defendant Shaughnessy was employed by Defendant Fetzer at the time Plaintiff’s treatment was rendered. The treatment in question was rendered in Woodward, Oklahoma following an injury occurring January 9, 1974. The Pre-trial Order filed on A...
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OPINION This suit for injunctive relief was tried to the Court with an advisory jury from April 12, 1976 through April 21, 1976. The Court makes the following findings of fact. I. FINDINGS OF FACT PROJECT DESCRIPTION 1. Plaintiff is an unincorporated association. (Uncontested) 2. The Tioga-Hammond Lakes Project (project) was authorized by the 85th Congress in the Flood...
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ORDER ON DEFENDANT’S MOTION FOR A CHANGE OF VENUE Defendant’s motion to transfer this case from the District of South Carolina to the *370Tyler Division of the United States District Court for the Eastern District of Texas, or, in the alternative, to the Oklahoma City Division of the United States District Court for the Western District of Oklahoma, filed March 12, 1976, invites the decision of t...
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MEMORANDUM DECISION AND ORDER This is a wrongful death action brought by the wife and two minor children of the deceased. The two minor children also allege that they themselves personally sustained injuries as a result of the occurrence in question. The Plaintiffs’ Amended Complaint alleges that on or about December 14, 1973, the deceased was severely burned when cleaning fluid which he ...
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MEMORANDUM Petitioner, an inmate of the Virginia Correction System, brings this petition for a writ of habeas corpus and for relief under 42 U.S.C. § 1983 against the respondents for their alleged denial of his right to due process under the Fourteenth Amendment to the United States Constitution. Respondents have moved to dismiss and filed exhibits and affidavits, hence the Court will treat their ...
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MEMORANDUM OPINION These consolidated actions are before the Court on cross motions for summary judgment. At issue in this case are the statutory limitations on the authority of the Secretary of Commerce to adopt regulations, pursuant to the Marine Mammal Protection Act of 1972 (MMPA), Pub.L. 92-522, 86 Stat. 1027 et seq., 16 U.S.C. § 1361 et seq. (1974 Supp.), that ...
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ORDER This is a diversity action brought by plaintiff contractor against the City of Atlanta for compensation for additional work performed under a contract for the construction of the Utoy Creek Water Pollution Control Plant. The case is currently before the court on defendant’s motion for summary judgment. The City awarded the construction contract in question to the plaintiff afte...
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DECISION OF THE COURT This is an action seeking an accounting for and recovery of funds that the plaintiffs claim were to be paid into a pension plan which was created, and to be maintained, pursuant to collective bargaining contracts and supplements thereto entered into by the defendant Cardwell Manufacturing Company, Inc. (hereinafter referred to as “Cardwell”), and the plaintiffs, Internationa...
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MEMORANDUM RULING By informal letter, plaintiff wrote the court to assert that the fees and expenses of the expert witness appointed by the Court, and no part thereof, are not properly chargeable to plaintiff (the United States) under Fed.Ev.Rule 706. The position is that under the order of appointment, the expert’s functions are not those of an expert witness, i. e., to testify on p...
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S. M. Sartori, Inc. seeks to recover after trial for damage to its cargo of cheese which was transported by the defendant steamship company from Leghorn, Italy, to New York, New York. Three hundred cartons of Parmigiano Reggiano cheese and fifteen boxes of advertising forms were delivered to the S.S. “Kastav” on February 28, 1972. Although no refrigeration was requested, 155 cartons were s...
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MEMORANDUM OPINION This is an action brought by Mildred Fessler pursuant to § 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), (the “Act”) to review a final determination of the Secretary of Health, Education and Welfare (the “Secretary”) denying her application for a period of disability benefits and disability insurance benefits under §§ 216(i) and 223 of the Act, respective...
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MEMORANDUM OPINION AND ORDER The instant forfeiture action was brought against the subject vehicle by the libelant pursuant to the provisions of 19 U.S.C. § 1595a, 21 U.S.C. § 881(a)(4) and (d) and 49 U.S.C. § 782. The Complaint alleges that on or about August 14,1974, the respondent vehicle was intended for use and was used to facilitate the unlawful importation, transportation, concealment, h...
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MEMORANDUM OPINION AND ORDER The plaintiff, John M. Curtis, seeks redress for alleged deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Plaintiff is an employee of the Retail Clerks International Association. The plaintiff’s employer directed him to Norfolk to assist in organizing the employees of the defendant, Rosso & Mastracco, Inc., a supermarket doing business u...
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Since 1908 federal law has provided that “[n]o Army band or member thereof may receive remuneration for furnishing music outside the limits of an Army post in competition with local civilian musicians.” 1 The plaintiffs, army bandsmen, seek to enjoin enforcement of this statute and a sup *1179 plementary provision of the code, 2 contending that these deprive army enlisted men of due process...
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MEMORANDUM AND ORDER The Court has reluctantly concluded that in camera inspection of any documents covered by plaintiffs’ request is necessary. Defendants have been given every opportunity to demonstrate, by affidavit or in response to interrogatories served, the simple but essential fact that each pertinent document, if any, has been conscientiously examined, paragraph-by-paragraph, regardl...
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MEMORANDUM AND ORDER This is an action under the Freedom of Information Act [FOIA], 5 U.S.C. § 552, to order the defendant, Civil Aeronautics Board [CAB], to produce a Board decision concerning the merger of Eastern Airlines, Inc., and Caribbean-Atlantic Airlines, Inc., and to enjoin the CAB from withholding future similar decisions until approved by the President. The plaintiff in this c...
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ORDER Plaintiff seeks return of a printing press and other personal property illegally seized by agents of the Federal Bureau of Investigation on or about August 12, 1972, in Jonesboro, Illinois. In the alternative, plaintiff seeks monetary damages to the extent of the value of the property. At plaintiff’s trial on various criminal charges in the Federal District Court for the Southern District...
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415 F.Supp. 116 (1976) STATE OF MARYLAND, Plaintiff, Commonwealth of Virginia and State of Delaware, Intervenor-Plaintiffs, v. Russell E. TRAIN, Administrator, U. S. Environmental Protection Agency, and Daniel J. Snyder, III, Regional Administrator, U. S. Environmental Protection Agency, Region III, Defendants. Civ. A. No. 75-1731. United States District Court, D. Maryland. May 10, 1976. *117 *11...
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The petitioner, Robert Harig, has filed a petition for writ of habeas corpus. He was convicted in the District Court of Lancaster County, Nebraska, on a multicount information for burglary, unlawful possession of a burglary tool, and possession of a firearm by a felon. He was then adjudged to be an habitual criminal under Nebraska Revised Statutes, § 29-2221 (R.S.Supp.1974). His appeal from this ...
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OPINION Petitioner, appearing pro se, seeks to void his state court conviction entered upon his plea of guilty, pursuant to which he is presently confined at Green Haven Correctional Facility, on the ground that he was mentally incompetent at the time of the plea and sentence. The state court decided the issue adversely to petitioner after a full evidentiary hearing and the decision was affirmed b...
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ORDER In this action Plaintiff seeks to recover damages for personal injuries from the United States. Plaintiff’s damages were allegedly sustained as a result of the malpractice of a physician employed by the United States acting within the scope of his employment. Jurisdiction is pursuant to 28 U.S.C. § 1346 and § 2671. Plaintiff alleges that on June 30, 1972 she, was admitted to the Tinker Air F...
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OPINION This is an admiralty action for maintenance and cure and unseaworthiness with jurisdiction under the general maritime laws. 1 Essentially, plaintiff’s action can be separated into three claims which are premised upon illnesses and injuries which developed while in defendant’s employ. I Plaintiff’s first claim arises out of her becoming ill on July 25, 1972, while in service of def...
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MEMORANDUM OPINION AND ORDER During the construction of Three Girard Plaza, Philadelphia, Pennsylvania, a fire occurred that was allegedly caused by the negligence of a subcontractor, John B. Kelly Company (Kelly). The general contractor, Turner Construction Company (Turner) was paid the full amount of the loss, $107,777 less $5,000 deductible, on its fire insurance policy. The insurance ...
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ORDER This cause came on to be heard on the defendants’ motions for summary judgment. In his administrative complaint to TVA plaintiff claimed that he was denied a promotion by TVA because of his race and that, also because of his race, he was treated unequally with regard to work assignments and overtime and denied administrative leave to assist with minority community activities. The ad...
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OPINION Presently before the Court are Danny E. Atwell’s motions for a new trial and judgment of acquittal under Fed.R.Crim.Proc. 33 and 29(c). Following a jury trial in February, 1976, defendant Atwell was convicted of one count of violating 26 U.S.C. § 5861(d) by possession of an unregistered Spitfire machine gun and 5 counts of violating 18 U.S.C.App. § 1202(a)(1). Numerous grounds have been a...
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Memorandum I. This litigation is the outgrowth of a controversy between a New York stock broker and an Illinois owner of 23,000 shares of Bucyrus-Erie common stock. In a three-count complaint based on claimed violations of the Securities Exchange Act of 1934 and a breach of contract, it is alleged by the broker that the owner had instructed it to sell the shares but later refused to ...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on plaintiffs’ petition for injunctive relief restraining defendant from enforcing Sections 3 and 4 of the Illinois Corrupt Practices Act, Ill.Rev.Stat. ch. 102, §§ 3, 4 (1975) and Section 10-9 of the Illinois School Code, Ill.Rev.Stat. ch. 122, § 10-9 (1975). Plaintiffs further seek declaratory relief pursuant to 28 U.S.C. §...
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MEMORANDUM I. In two separate suits which the court has consolidated for the purpose of this memorandum, plaintiffs Marubeni America Corporation and Kanematsu-Gosho (U.S.A.) Inc., filed admiralty claims within the meaning of Rule 9(h) of the Federal Rules of Civil Procedure against Retía Steamship Co. and other defendants. Pursuant to Rule 12(b)(2) and (5) of the Federal Rules of Civil Procedure,...
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MEMORANDUM AND ORDER This is an action to enforce a subpena issued by the plaintiff Secretary of Labor under 19 U.S.C. § 2321. The subpena was purportedly issued in aid of the Secretary’s determination of a petition filed under 19 U.S.C. § 2271(a) for certification of certain of the defendant’s former employees for relief under the Trade Act of 1974. The Act provides a form of special add...
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MEMORANDUM OPINION In this diversity action Plaintiff Crest Construction Company (Crest) seeks recovery on a “Comprehensive Crime Policy” of insurance issued to it by Defendant Insurance Company of North America (I.N.A.). Plaintiff filed this action in the District Court of Oklahoma County, State of Oklahoma. Defendant removed the action to this Court. The Petition alleged that Defen...
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ORDER Plaintiff as an employer brought this action against a labor organization (Union) which represents its employees under a Collective Bargaining Agreement and an individual employee (Martin) seeking correction and modification of an award by an Arbitrator pursuant to a grievance procedure initiated by said Union on behalf of Martin. Martin had been discharged by Plaintiff for alleged ...
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OPINION This is an action under Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185, to vacate a labor arbitration award rendered in a grievance proceeding involving a hiring practice of the defendant company. The plaintiff union contends that the arbitrator’s award should be set aside on grounds that it fails to “draw its essence” from the parties’ collective barga...
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OPINION The Secretary of Labor filed on March 30,1976, the Supplemental Statement called for by this Court’s opinion in Bachowski v. *149 Brennan, 405 F.Supp. 1227, 1234 (W.D.Pa. 1975), particularly inviting explanation why only the margin of plaintiff’s opponent’s vote was used in some cases, 1 rather than the total infected vote. Counsel have now commented on the Supplemental Statem...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on appeal from the determinations of the Bankruptcy Judge. Thomas A. Cary, Inc., was a general contractor, for a subdivision located at Section 2, Treeside, Herndon, Virginia. Memoranda of mechanic’s liens were filed by Virginia Concrete Company, Inc. (hereinafter referred to as “Virginia Concrete”), and Riley Building Supply, Inc. (...
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OPINION Plaintiffs, individually and on behalf of all others similarly situated, seek to compel the Secretary of Housing and Urban Development and certain officials thereof (hereinafter HUD) to implement the operating subsidy provisions of Section 236(f)(3) and (g) of the National Housing Act, as amended by the Housing and Community Development Act of 1974, 12 U.S.C. § 1715z-1(f)(3) and (g). ...
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In the fall of 1971 plaintiff Julian Arthur Mayo, a City of Albany water department employee since 1955, and plaintiff Johnnie Johnson, a City of Albany public works *785 department employee since 1958, through the Albany, Georgia, labor council contacted the Laborers International Union of North America, AFL/CIO, and as a result that union sent two of its full-time paid organizers...
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MEMORANDUM AND ORDER Petitioner moves this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. He is presently incarcerated in the United States Penitentiary at Leavenworth, Kansas, serving the remainder of a 13-year sentence after revocation of his mandatory release. Petitioner claims he is entitled to credit for time served upon an invalid federal sentence which delayed the service o...
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MEMORANDUM OPINION This matter came before the Court at a pre-trial conference for the determination of several issues and the Court has resolved the issues by separate order filed previously. This memorandum indicates the reasons for the Court’s prior rulings. This is a diversity case involving a breach of contract arising out of a roof installed on a building in Boone County, Kentucky, original...
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415 F.Supp. 112 (1976) Andrew F. PRUCHNIEWSKI v. Caspar W. WEINBERGER, Secretary, Department of Health, Education & Welfare. Civ. A. No. N-75-253. United States District Court, D. Maryland. May 6, 1976. Herbert J. Arnold and E. James Thompson, Jr., Baltimore, Md., for plaintiff. *113 Jervis S. Finney, U. S. Atty. for the District of Maryland, and Virginia S. Draper, Asst. U. S. Atty., Baltimo...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS’ CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT This action arises as a result of a controversy between the plaintiffs, private land developers, and the defendants — the City of Warren, its Planning Commission and eight individual commissioners. 1 In September, 1969, the defendants h...
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MEMORANDUM AND ORDER This is a petition for a writ of habeas corpus filed pro se by a prisoner of the State of Missouri. Petitioner was convicted of murder in the first degree and felonious assault. The convictions were affirmed by the Missouri Court of Appeals, St. Louis District. State v. Jones, 532 S.W.2d 772. The petition alleges two grounds for relief, both of which were ruled adversely to pe...
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MEMORANDUM This habeas corpus matter comes before the Court pursuant to 28 U.S.C. § 2254 subsequent to an evidentiary hearing and the submission of the State court record. 1 In accordance with Rule 52, F.R.Civ.P., the Court makes the following findings of fact and conclusions of law. Petitioner, Melvin Martin, an inmate at the Nebraska Penal and Correctional Complex, was charged in the Dist...
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*414 OPINION The complaint says that in October, 1962, Searight was taken to the Eye, Ear and Speech Clinic in Newark, while in custody, and that the State of New Jersey there unlawfully injected him in the left eye with a radium electric beam. As a result, he claims that someone now talks to him on the inside of his brain. He asks money damages of $12. million. The State ha...
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This is an action presently brought by the Equal Employment Opportunity Commission (“EEOC”) in a complaint signed by the Attorney General of the United States in May 1972 under the Civil Rights Act of 1964,42 U.S.C. §§ 2000e et seq., pursuant to authority granted to the Attorney General in that Act, Act of 1964, 42 U.S.C. § 2000e-6(a), 1 and filed herein on June 13, 1972. ...
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OPINION AND ORDER Defendant was indicted on December 5, 1975, for knowingly and intentionally possessing with intent to distribute almost a kilogram (927 grams) of heroin on November 16, 1975 in violation of Title 21 U.S.C. § 841(a)(1). By notice of motion with an affidavit of his attorney and a memorandum of law annexed, defendant moved to suppress “as evidence in any criminal proce...
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Defendant Italian Line moves to dismiss plaintiff’s complaint pursuant to Fed.R. Civ.P. 41. Plaintiff Bertolino commenced this diversity, non-jury action in July 1972 after proper removal from the Supreme Court, State of New York. Plaintiff seeks damages for statutory and common law copyright infringement, also for conversion by defendant. In his complaint plaintiff claims damages of $815,000. ...
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This action, wherein federal jurisdiction is predicated on the Civil Rights Act, 42 U.S.C. § 1983 and its jurisdictional implementation, 28 U.S.C. § 1343(3), 1 concerns § 237 of the Domestic Relations Law of New York. *1150 The complaint alleged that plaintiff Bruce Malcolm Gras had instituted an action for divorce in the Supreme Court of New York County against his wif...
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MEMORANDUM AND ORDER The defendants, Consolidated Coal Company (hereinafter “Consol”) and eight of its agents and employees 1 are variously charged in a 172-count indictment with conspiring to defraud the government and to violate the Federal Coal Mine Health and Safety Act in violation of 18 U.S.C. § 371; 2 with knowingly making false statements and representations ...
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OPINION This matter is before the Court on the motion of defendants Ted W. Brown, Secretary of State of the State of Ohio, James A. Rhodes, Governor of the State of Ohio, and William J. Brown, Attorney General of the State of Ohio, to dismiss the complaint for failure to state a claim for which relief can be granted and on the motion of plaintiff for summary judgment. A three-judge court was ...
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ORDER Plaintiff has moved the Court to Reconsider the Court’s Memorandum Opinion or in the Alternative has moved for a New Trial. Four propositions are stated in the alternative motions. However, five propositions are briefed. The Defendant has responded in opposition to the alternative motions. Briefs have been submitted by each party. The Court rules on each proposition as follows: I. PLAIN...
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ORDER Upon consideration of Plaintiff’s Motion For Judgment Notwithstanding The Verdict, And In The Alternative Motion For a New Trial, As Supplemented, the Court finds that the same should be overruled in all respects. Thirty-two grounds are asserted in support of the Motions. Twenty-one complain of the Court’s instructions to the Jury. The Court believes that the Jury was properly instructed in ...
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ORDER The Court has before it for consideration a petition for Writ of Habeas Corpus filed pursuant to Title 28 U.S.C. § 2254 by Kenneth Ray Castleberry. Petitioner attacks the validity of the judgment and sentence rendered by the District Court of Tulsa County, State of Oklahoma, in Case Nos. CRF-72-359, CRF-72-360 and CRF-72-361. After a trial by jury, petitioner was found guilty as to each c...
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MEMORANDUM AND ORDER Defendant Young was charged in a six-count indictment with murder and robbery within the special territorial jurisdiction of the United States, and with bank robbery. After a jury trial, Young was found guilty of first degree murder, as well as of all the other crimes alleged in the indictment. Young has moved for a new trial on the ground that the Court erred in its refusal t...
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MEMORANDUM The defendant, Billy Hull, was charged on a two-count indictment upon March 26, 1975, for income tax violations under 26 U.S.C. § 7201. Pursuant to plea agreement procedures set forth under Rule 11(e) of the Federal Rules of Criminal Procedure, the attorney for the defendant and attorney for the government reached an agreement that upon defendant’s entering a plea of guilty, a partic...
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MEMORANDUM AND ORDER The third-party defendant, George Engine Company, Inc., has demanded a trial by jury of the fact issues raised by the Third-Party Complaint, a demand opposed by the defendant-third-party plaintiff, National Marine Service, Inc. Because the Complaint filed by the plaintiff, Oroeo Marine, Inc., is designated as an admiralty or maritime claim within the meaning of Rule 9(h), Fed...
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415 F.Supp. 566 (1976) John Lee REDPATH v. Henry A. KISSINGER, Secretary of State of the United States of America, et al. Civ. A. No. SA75CA275. United States District Court, W. D. Texas, San Antonio Division. May 6, 1976. *567 John Lee Redpath, pro se. John E. Clark, U. S. Atty., Henry Valdespino, Asst. U. S. Atty., San Antonio, Tex., for defendants. SPEARS, Chief Judge. ORDER On this date came...
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OPINION De Tocqueville, almost one hundred fifty years ago, in his celebrated comment, said “Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question”.1 Today, any economic and/or social question becomes a political question and almost invariably is resolved into a judicial question. De Tocqueville’s oft-quoted observation could s...
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MEMORANDUM AND ORDER In this mandamus action, Esquire asks the Court to direct the Register of Copyrights to register Esquire’s claims to copyright for an artistic design of a lighting fixture. The fixture is in nontraditional form, devoid of ornamentation or decoration but of pleasing shape and used apparently for outside lighting of parking lots and other open spaces and is well suited to acc...
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MEMORANDUM OF DECISION This is an action under 42 U.S.C. §§ 1983 & 1985 by an inmate of the Stateville branch of the Illinois State Penitentiary who claims to have been deprived of his constitutional rights to due process, equal protection and the right to be free from cruel and unusual punishment. The plaintiff is seeking monetary and injunctive relief, and invokes the jurisdiction of th...
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OPINION Defendant Head moves to suppress and exclude from introduction into evidence a package containing $26,800 in currency, taken from his possession in the office of his commanding officer, Captain Robert Roberts, USAF, in Don Muang Air Base, Thailand, and all testimony relating to its seizure and contents. It appears from an evidentiary hearing, held May 3, 1976, that agents of the Drug ...
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MEMORANDUM AND ORDER This in rena action was brought by the United States pursuant to 19 U.S.C. § 1305 seeking the forfeiture, confiscation and destruction of various allegedly obscene items imported into the United States and seized by officers of the United States customs. Although the statute, while prohibiting the importation of “obscene” items, is silent on the meaning of obscenity, the Supre...
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MEMORANDUM AND ORDER In my memorandum and order of December 5, 1974, D.C., 65 F.R.D. 365, I ordered a hearing into certain allegations which arose from the motion of defendants Steadman Security Corporation and Steadman Corporation of America (hereinafter “Steadman”) to strike and/or dismiss the consolidated supplemental complaint as a sham and false for improper verification pursuant to Rule 11 ...
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ORDER ON MOTION TO SUPPRESS OF DEFENDANTS JACOBS AND BRUTICO Defendants Jacobs and Brutico have moved this court to enter an order suppressing certain evidence pursuant to Rule 41 and Rule 12 of the Federal Rules of Criminal Procedure, on the ground that said evidence was the poisoned fruit of at least two illegal searches. On April 29, 1976, the court conducted an evidentiary hearing and based...
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OPINION On May 26, 1971, the plaintiff, Doctor Samuel Dwane Thomas, then a urology resident at Episcopal Hospital, was performing a transurethral prostatectomy using a surgical instrument known as a resectoscope. Suddenly, in the midst of the operation, the instrument malfunctioned, and Dr. Thomas suffered an electrical burn of the cornea of his right eye. He brought suit against the manu...
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MEMORANDUM AND ORDER Petitioner, presently incarcerated at the United States Penitentiary at Lewisburg, Pennsylvania, is serving a ten-year sentence 1 imposed by the United States *325 District Court for the Southern District of New York on January 30, 1975 for the offense of distributing and possessing with intent to distribute heroin in violation of 21 U.S.C. §§ ...
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MEMORANDUM OPINION AND ORDER Plaintiff, a Texas corporation, filed suit against defendant, a Japanese corporation, on March 14, 1975, alleging breach of a sales contract for caustic soda flakes. Jurisdiction was alleged pursuant to 28 U.S.C. § 1332(a)(2). Plaintiff prayed for actual damages of $70,000 and $112,000 in exemplary damages. Plaintiff first attempted to have the U. S. Marshal serve def...
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412 F. Supp. 641 (1976) Joseph F. SMITH v. PIEDMONT AVIATION, INC., and Delta Air Lines, Inc. No. CA 3-74-768-C. United States District Court, N. D. Texas, Dallas Division. May 5, 1976. *642 Gary Kessler, Dallas, Tex., for plaintiff. L. W. Anderson and Lewis R. Sifford, Anderson, Henley, Shields, Bradford, Pritchard & Miller, Dallas, Tex., for defendants. MEMORANDUM OPINION AND ORDER WILLIAM M. ...
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DECISION and ORDER Separate motions for summary judgment have been filed by the defendant against each of the plaintiffs and against the additional parties on the counterclaim. These motions for summary judgment relate to the first six counterclaims of the defendant. The plaintiffs’ action is for an alleged violation of the antitrust laws. With its answer, the defendant counterclaimed against each...
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ORDER The complaint in this case charges the defendants with various violations of the provisions of 15 U.S.C. § 1681 et sequi. Each defendant has filed a motion to dismiss. The threshold question presented by each motion with respect to the counts of the complaint charging violations of § 1681 is whether or not a “consumer report” was prepared or caused to be prepared by the defendants. The co...
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MEMORANDUM The five cases to be considered herein were brought by the Equal Employment Opportunity Commission (the Commission) to enforce subpoenas issued by the Commission to the United States Fidelity and Guaranty Company (the respondent or the Company) pursuant to Section 710 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-9. Jurisdiction is conferred ...
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OPINION Plaintiff moves for an order granting him judgment notwithstanding the verdict, or alternatively, a new trial pursuant to Rules 50(b) and 59, Federal Rules of Civil Procedure. Plaintiff brought this diversity action against defendant 1ST to recover damages for personal injuries allegedly sustained aboard defendant’s vessel, the M/S CONCORDIA FANA. Defendant 1ST impleaded third-party defen...
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MEMORANDUM AND ORDER This matter comes before the Court on the motion of defendant, Marvin Glass & Associates (hereinafter “Glass”), pursuant to Rule 12(b) of the Federal Rules of Civil *1117 Procedure, to dismiss the complaint as to Glass on the grounds that (1) this Court has no personal jurisdiction over the said defendant; and/or (2) the Eastern District of New York is no...
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MEMORANDUM Defendant, Irving Russell, is charged in a one count indictment with theft of property used by the postal service. 18 U.S.C. § 1707. Allegedly, the defendant stole nine blank postal rate commission checks. Defendant has asked us to compel pretrial discovery of names of the government’s witnesses and of statements made by two witnesses whom the government has interviewed and who have app...
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ORDER The Cherokee Nation sued the State of Oklahoma and several of the State’s lessees to establish its ownership of the bed of the Arkansas River between the confluence of the Grand and Arkansas Rivers and the Oklahoma-Arkansas State boundary. The relief sought by the Cherokees was an injunction and an accounting. Oklahoma and some of its lessees counter-claimed for a decree quieting title to...
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OPINION Defendant has been charged in a two count indictment with unlawful possession of a firearm. He has moved to dismiss the indictment with prejudice. We will grant the motion. Defendant is now confined in the State Correctional Institution at Graterford (SCIG) serving a sentence of one to ten years imposed by the Court of Common *140 Pleas of Philadelphia County. On March 26, 1976, def...
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MEMORANDUM OPINION This is an action whereby the plaintiffs named above seek to obtain judicial confirmation and enforcement of an award entered in a labor arbitration proceeding on October 8, 1974. An application for such relief was filed on December 5,1974, and an answer to that application was submitted on December 20, 1974. 1 Counsel for the plaintiffs have filed various me...
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DECISION and ORDER In a separate decision, I ruled on several motions of the defendant David Fine to dismiss various counts of the indictment in this action. The defendant and the government have also filed a number of motions which deal with discovery matters, including a motion for a bill of particulars. The defendant has also submitted a motion to suppress certain evidence. This decision wil...
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Peterson, a sixty-eight year old Commissioner for the Washington Suburban Sanitary Commission (WSSC), seeks review in this Court, pursuant to 42 U.S.C. § 405(g), of a decision by the Secretary of Health, Education and Welfare (HEW) denying Peterson retirement benefits under the Federal Old-Age, Survivors and Disability Insurance Act, 42 U.S.C. §§ 401 et seq. (the Act). Peterson has exhausted all a...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND FINAL JUDGMENT DENYING ALL RELIEF PRAYED FOR IN THE COMPLAINT This is an action under the Urban Property Protection and Reinsurance Act of 1968, 1 as amended, 2 Section 1749bbb, et seq., Title 12, United States Code (hereinafter “Reinsurance Act”). Plaintiff, Lumberman’s Underwriting Alliance, cont...
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OPINION Plaintiff sues for relief in the nature of mandamus (or, possibly, procedendo) to compel the Civil Service Commission to accept his appeal from his removal as a mail carrier in the Postal Service. The removal took effect October 15, 1973, “[to] promote the efficiency of the service,” 5 U.S.C. § 7501(a). He filed an appeal on January 30, 1974, long after the deadline of Octobe...
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OPINION This action has been brought to restrain the Veterans Administration (“VA”) from continuing its investigation and enforcing certain findings already made concerning allegedly discriminatory practices of the plaintiff. Plaintiff moves for a preliminary injunction and defendant cross-moves for an order dismissing the complaint. All government contractors are required by Executi...
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OPINION We deal here with three motions. First, defendant Packaging Industries, Inc. (Packaging) moves, pursuant to Rule 12(c), Fed. R.Civ.P., for judgment on the pleadings dismissing certain allegations in Count I and all of Count III of the complaint as barred by res judicata. Second, plaintiff Diematic Manufacturing Corp. (Diematic) moves, pursuant to Rule 56, Fed.R.Civ.P., for partial...
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OPINION AND ORDER Defendant moves pursuant to Rules 12(b)(6) and 12(c) of the Federal Rules of Civil Procedure for judgment on the pleadings on the ground that plaintiff has failed to state a claim upon which relief can be granted. In this action plaintiff seeks to review the final decision of the defendant on the question of the amount of retirement insurance benefits payable to him...
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OPINION AND FINDINGS This is the third installment in an already protracted series of legal proceedings to answer the simple question of whether the discharge of four funeral home employees is subject to arbitration. Plaintiff (hereafter the “Company” or “Garlick”), a corporation operating a number of funeral homes in the New York City area and a member of an employer bargaining unit...
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MEMORANDUM Petitioners moved before this Court, by order to show cause, for injunctive relief pursuant to Fed.R.Civ.P. 65(a) and for money damages. Jurisdiction was predicated upon 28 U.S.C. §§ 1331, 1343 and 2201, invoking the Court’s authority to hear issues raised under 42 U.S.C. §§ 1981, 1983, and the Fifth and Fourteenth Amendments to the United States Constitution. Respondents have ...
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MEMORANDUM AND ORDER Plaintiff, Jamestown Farmers Elevator, Inc., moves the Court for an order vacating judgment and granting a new trial in the above entitled case. The action was tried to a jury January 6 through January 9, 1976. Verdict was returned in favor of Defendant, General Mills, Inc., and against the Plaintiff, and for dismissal of the Plaintiff’s complaint. Judgment was entere...
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ORDER In this action the United States as Plaintiff herein seeks the condemnation of certain real property in which the Defendants assert an interest. At the Pretrial Conference Defendants (Heirs of Bowen) raised the issue of whether they are entitled to recover in this condemnation action benefits provided by The Uniform Relocation Assistance And Real Property Acquisition Act (URA) of 1970, P....
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ORDER This is a shareholders’ derivative action brought by Plaintiff as one of the shareholders of Defendant Phillips Petroleum Company (Phillips). Joined as Defendants in said action with Phillips are four individuals who are alleged to be or to have been officers or directors of said corporation. Also joined in said action as a Defendant is Arthur Young & Company (Arthur Young) which is...
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412 F. Supp. 1375 (1976) Johnnie Mae KOGER et al., Plaintiffs, v. Carmen F. GUARINO et al., Defendants. Civ. A. No. 73-2365. United States District Court, E. D. Pennsylvania. May 3, 1976. *1376 *1377 Jonathan M. Stein, Andrew F. Erba, Community Legal Service, Philadelphia, Pa., for plaintiff. Sheldon L. Albert, City Sol., James M. Penny, Jr., Asst. City Sol., Philadelphia, Pa., for defendant. ME...
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MEMORANDUM Plaintiff was employed in the defendants’ sales department as a district sales manager. His complaint has two counts: (1) a claim for pension benefits; and (2) a claim under the Federal Employers’ Liability Act, 45 U.S.C. §§ 51 et seq., alleging illness provoked by overwork in excess of plaintiff’s medical limitations. Defendants have moved to stay all proceedings in the present case. W...
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MEMORANDUM Before the court is a petition for a writ of habeas corpus on behalf of Hugh J. Addonizio, a federal prisoner presently incarcerated at the Lewisburg Farm Camp. The petition represents a due process challenge to the utilization of a “special offender” designation by the Bureau of Prisons in petitioner’s case. Petitioner requests that a writ issue discharging him from federal custody or,...
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OPINION AND ORDER This is a suit by the Tenants of certain privately owned apartment buildings 1 seeking declaratory and other equitable relief against the said owners and certain federal housing agency officials in Puerto Rico. 2 Plaintiffs 3 contend that the Federal Defendants approved rent increases sought by the Private Defendants without affording the...
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MEMORANDUM OPINION AND ORDER This is an action for monetary damages for directly and conspiratorially depriving the plaintiff of his civil rights, 42 U.S.C. §§ 1983, 1985(3). 28 U.S.C. §§ 1343(1), (3). The defendant Mr-John W. Ray, undisputedly the county judge of Coffee County, Tennessee at the pertinent times, moved for a dismissal of the action as to him for the failure of the plaintiff to stat...
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MEMORANDUM AND ORDER I. INTRODUCTION Several motions are pending before the Court in this complex antitrust litigation which involves alleged anti-competitive conduct among certain manufacturers, distributors, wholesalers and retailers in the beer industry in Texas. Plaintiffs’ Motion for Leave to File Second Amended Complaint is granted in part and denied in part; Defendant’s Motion'...
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MEMORANDUM ORDER Plaintiff, the Upper West Fork River Watershed Assoc., essentially seeks to enjoin further work on the Stonewall Jackson Lake Project in Lewis County, West Virginia, until alleged deficiencies in the environmental impact statement (the “EIS”) relating to the project are cured. 1 The lake project, to be completed by the U. S. Army Corps of Engineers, will requir...
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MEMORANDUM OPINION The plaintiff, Aetna Casualty and Surety Company (Aetna), a Connecticut corporation qualified to do and doing business in the state of Mississippi with its principal place of business in the state of Connecticut, filed this diversity subrogation action against Louis L. Condict, a resident citizen of the state of Tennessee, seeking to recover, as an alleged uninsured mot...
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MEMORANDUM OPINION This lawsuit involves a dispute over the type of housing to be built on the remaining 36 acres of land in the California R-8 Urban Renewal Project located in Marin City. 1 At issue is a letter dated June 7, 1971, from Julian A. Fitzhugh, Program Manager for Area B of the Department of Housing and Urban Development, to James O. Quiett, Chairperson of the Marin...
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MEMORANDUM INTRODUCTION In these consolidated cases, a group of corporate and private plaintiffs challenge two attempted modifications of a redevelopment plan. The overall plan originally was developed and approved by defendants for Southwest Washington, D. C., pursuant to the District of Columbia Redevelopment Act of 1945, 5 D.C.Code § 701 et seq. The two modifications concern (1) “Parcel 76,” w...
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MEMORANDUM AND ORDER This case comes to the Court on remand from the U. S. Court of Appeals for the District of Columbia. That Court has instructed this Court to vacate the portion of the Amended Final Judgment, filed by this Court on March 22,1974, in which the plaintiffs’ request for an award of attorneys’ fees against the D. C. government was denied, and to rule again on that issue. It has also...
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414 F.Supp. 80 (1976) Jerome SILVERMAN, as Administrator of the Estate of Harold Nathan, and Adele Nathan, Plaintiffs, v. Louis D. BROWNING et al., Defendants. Civ. No. B-259. United States District Court, D. Connecticut. April 30, 1976. *81 Alfred S. Julien, New York City, Marshall S. Feingold, Hartford, Conn., for plaintiffs. Henry J. Lyons, Dion W. Moore, Bridgeport, Conn., for defendant, Loui...
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ORDER This is an action brought for declaratory and injunctive relief regarding the construction of a portion of the “Newnan Bypass”, designated under the project No. PR-2177(4) and running from a point .7 mi. west of 1-85 on Ga-34 (SR-34) to a point .3 mi. north of Newnan on US-29 (Ga-14 or SR-14), a total distance of 2.187 miles. See Appendix “A”. Plaintiffs 1 seek...
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MEMORANDUM OF DECISION This decision shall constitute this court’s findings of facts and conclusions of law pursuant to Rule 52(a) following trial of this action from September 2, 1975 to September 12, 1975. This is an action for patent infringement brought by Beyer, the patent holder, and his wholly owned exclusive licensee, Lewart Company, charging defendant Acco with infringement ...
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MEMORANDUM AND ORDER This action was commenced December 31, 1975, in the United States District Court for the District of Columbia where it was lodged by the petitioner, pro se, and where he was granted leave to proceed in forma pauperis. On January 6,1976, that court on its own motion issued an order to show cause why the case should not be transferred to this district. On January 16, 1976, th...
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The plaintiff, Dr. Stuart Shapiro, a duly licensed physician, brings this action for declaratory and injunctive relief challenging the right of the government to inquire as to his beliefs and affiliations before permitting him to work as a resident in a Veterans Administration (VA) hospital. I. Plaintiff is licensed to practice medicine in Massachusetts, New York and California. He currently is a ...
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*750 MEMORANDUM OPINION This is a habeas corpus proceeding brought pursuant to 28 U.S.C. § 2241 et seq., by Dr. Norman A. Garrison, Jr., petitioner, a resident of Corinth, Mississippi, in which he seeks release from custody of the Sheriff of Marshall County, Mississippi, based upon a warrant of extradition rendered December 4,1974, by the Governor of the State of Mississippi. If ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter comes before the Court on an order to show cause why anal examinations of certain inmates, defined in the class action certification made by this Court, should not be enjoined as violative of their constitutional rights. This is an emergent matter arising within the context of a broader civil rights action initiated by the inmates who oc...
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OPINION AND FINDINGS Plaintiff, American Broadcasting Companies, Inc. (ABC hereafter) sues to enjoin AFTRA Washington-Baltimore Local (the Local hereafter) and the American Arbitration Association (AAA hereafter) from proceeding with an attempted arbitration sought by the Local of a dispute concerning the termination of the employment of Charles R. Hughes, a Washington staff announcer of ...
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OPINION Plaintiffs, reorganization trustees of the Penn Central Transportation Company, are seeking relief for the allegedly unlawful condemnation of certain Penn Central properties located in Orange County, New York. As to the defendant State, the complaint seeks a declaration that the appropriation was null and void, ah initio, an order of ejectment, and damages for use and o...
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INTRODUCTION This court’s decision in this case comes after a long and arduous journey through a complex lawsuit, in which the plaintiffs charge the defendants with “creating, maintaining, permitting, condoning and perpetuating racially segregated public schools in the City of Buffalo and in the Buffalo Metropolitan area.” (Complaint, at 1). Plaintiffs allege a cause of action under 42 U.S...
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MEMORANDUM DECISION This is an action by Eastern Oil Transport, Inc. (hereinafter referred to as Eastern Oil) against the United States of America and the Interstate Commerce Commission (hereinafter referred to as the ICC or the Commission) to enjoin and set aside an order of the ICC denying Eastern Oil a certificate of public convenience and necessity to transport certain products in interstate c...
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412 F. Supp. 20 (1976) Adam J. CHLYSTEK and Helen Chlystek, Plaintiffs, v. Rita Wilson KANE, Individually and as Register of Wills and Ex Officio Clerk of Court of the Orphans' Court of Allegheny County, Pennsylvania, Defendant. Civ. A. No. 75-545. United States District Court, W. D. Pennsylvania. April 30, 1976. *21 R. Stanton Wettick, Jr., Pittsburgh, Pa., for plaintiff. Frank W. Jones, Pittsbu...
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OPINION FACTS These consolidated cases mark the latest skirmish in the age old war between shippers and carriers over their respective rights and liabilities. The case instituted by Matsushita Electric Corporation (“Matsushita”) against the S.S. AEGIS SPIRIT (“Vessel”), Tokai Shipping Company (“Tokai”) and Estrella Dischosa Navigation (“Estrella”) — the latter defendants being respec...
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MEMORANDUM OF DECISION Plaintiffs in the instant action seek to overturn Connecticut’s recently adopted statutory scheme for the conduct of the state’s Indian-related activities, Conn.Gen. Stat.Ann. § 47-59a et seq. (Chapter 824). In particular, plaintiffs seek declaratory and injunctive relief pursuant to 28 U.S.C. §§ 2201, 2202 and 42 U.S.C. § 1983 on the ground that this sta...
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MEMORANDUM OF DECISION This lawsuit involves a broad challenge to the procedures employed by prison officials at the Federal Correctional Institution, Danbury, to distribute incoming inmate mail. The plaintiffs are in the custody of the United States Attorney General and are incarcerated at the Danbury facility. Jurisdiction is grounded on 28 U.S.C. § 1361 and 28 U.S.C. § 2241. Three claims h...
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MEMORANDUM OF DECISION G. Gordon Liddy and Richard Stover, both presently incarcerated at the Federal Correctional Institution, Danbury, Connecticut, seek injunctive relief to prevent recurrence of actions taken against them by FCI officials. Their present grievances arose during the pendency in this Court of an action they previously brought challenging FCI practices concerning prisoners’ mail. S...
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OPINION AND ORDER This is another round in the continuing controversy between the Commissioner of Internal Revenue and the life insurance industry over the proper method of computing a company’s income tax liability under the Life Insurance Company Income Tax Act of 1959. 26 U.S.C. §§ 801-820. The plaintiff, Bankers Life Company, is a mutual life insurance company incorporated under the laws of t...
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MEMORANDUM OPINION AND ORDER This is an appeal to the district court from a magistrate’s judgment of conviction in which defendant contends that the magistrate erred at sentencing in refusing to disclose or to summarize certain material contained within his presentence report as required by Fed.R.Crim.P. 32(c)(3). The magistrate sentenced defendant to the custody of the Attorney General for a p...
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OPINION Pursuant to the regulations of the New Jersey Department of Institutions and Agencies, 1 workers who are engaged in lawful labor disputes and who are otherwise qualified are eligible for public assistance through New Jersey public welfare programs. 2 This action was filed on June 10, 1971 in this Court by two affiliated New Jersey corporations, Super Tire Eng...
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MEMORANDUM AND ORDER The United States, as defendant in this action to recover federal income taxes pursuant to 28 U.S.C. § 1346(a)(1), has moved to have the case dismissed or transferred to the Court of Claims because of improper venue. It is clear to me that venue does not lie in this district and that the government has not waived its initial objections concerning the locality of the suit. T...
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412 F. Supp. 12 (1976) GENERAL INSURANCE COMPANY OF AMERICA, Plaintiff, v. Edward F. LOWRY et al., Defendants. Civ. No. C-3-75-52. United States District Court, S. D. Ohio, W. D. April 29, 1976. *13 J. Paul McNamara, Paul Tague, McNamara & McNamara, Columbus, Ohio, for plaintiff. Jacob A. Myers, Kusworm & Myers, Dayton, Ohio, for defendants. FINDINGS OF FACT, OPINION AND CONCLUSIONS OF L...
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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 the 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 inc...
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DECISION and ORDER The defendant David Fine has filed motions to dismiss the indictment in the above action, to dismiss various counts thereof, for disclosure or in the alternative to dismiss various counts of the indictment, and for a *730bill of particulars. In addition, the government and the defendant have both filed motions dealing with the discovery of various matters. This opinion is addres...
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DECISION and ORDER Both defendants have moved for the dismissal of count II of the indictment on the ground that the statute under which they are charged, 18 U.S.C. § 2511(l)(a), is unconstitutional due to fifth amendment equal protection infirmities on the face of the statute and as applied. In addition, the defendant, Torgrud, has moved to dismiss the indictment because of an alleged breach of ...
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MEMORANDUM OF DECISION This action was filed following the decision of Defendant Association of Independent Colleges and Schools (hereinafter Association) in which it stated it intended to withdraw accreditation of Plaintiff Rock-land Institute (hereinafter Rockland). The Association’s principal activity is the accreditation of private junior and senior colleges of business and private bu...
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MEMORANDUM OPINION In this lawsuit, plaintiffs challenge certain procedural and substantive aspects of the federal government’s administration of the federal-aid highway program. Specifically, plaintiffs seek injunctive and declaratory relief to restrain the Secretary of Transportation and the Federal Highway Administrator from implementing § 116 of the Federal-Aid Highway Act of 1973, 23...
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MEMORANDUM OPINION Before the Court is a motion by defendant Midway Manufacturing Company (Midway) to sever the case against it and transfer it to the Southern District of New York pursuant to 28 U.S.C. § 1404(a). For the reasons stated below, we hold that severance and transfer would not be for the convenience of the parties and witnesses nor in the interest of justice. Accordingly, the ...
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TEMPORARY RESTRAINING ORDER This action was commenced on April 14, 1976, when the government filed a Complaint for Injunction seeking a temporary restraining order, a preliminary injunction and a permanent injunction against the defendant drug manufacturer and its agents. The government seeks to enjoin numerous irregularities allegedly engaged in by defendants in violation of Sections 301(a) an...
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Plaintiff, an employee of the Social Security Administration, seeks review of the adverse decision of the Civil Service Commission that she is not totally disabled because of diminished eyesight and that she is not entitled to disability retirement benefits. Jurisdiction is present in this case pursuant to 5 U.S.C. § 702. While the issue of whether or not that section confers an independent fed...
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OPINION Plaintiffs purportedly commenced this action under Title I of the Labor Management Reporting and Disclosure Act, 1 seeking in the main to challenge again the disqualification of L. Joseph Overton from holding office in Local 338 of the Retail, Wholesale and Chain Food Store Employees’ Union. Overton, the business agent for the union, was convicted in April 1972 for...
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MEMORANDUM Before the court is a petition by a state prisoner for a writ of habeas corpus which challenges the constitutionality of Section 411 of the Pennsylvania Mental Health and Mental Retardation Act of 1966, 50 P.S. § 4411. 1 *713 As the parties have stipulated the salient facts, no hearing has been conducted in this case. The facts are as follows. Petitioner is a citizen of the U...
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MEMORANDUM OPINION AND ORDER This case comes before the Court for decision on cross-motions for summary judgment filed by all parties to the suit. The controlling facts are uneontroverted, and the dispute can be resolved by the Court’s construction of a certain provision of a Mortgagee’s Certificate executed by Home Savings Association of Dallas County. Statement of Facts On November 19, 1970, Y...
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MEMORANDUM OPINION AND ORDER Defendants LTV Aerospace Corporation and LTV Education Systems, Inc., have filed a motion to dismiss plaintiff’s complaint for a) lack of subject matter jurisdiction, b) failure to state a claim upon which relief can be granted, and c) failure to allege the existence of necessary facts to comply with Rule 23, Federal Rules of Civil Procedure, with respect to p...
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MEMORANDUM OPINION AND ORDER Plaintiff has filed this case challenging the final decision of the Secretary of Health, Education and Welfare denying her claim for widow’s benefits under the black lung provisions of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. Jurisdiction of this court is based on § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporate...
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MEMORANDUM AND ORDER Plaintiff originally filed an application for benefits on November 18, 1971. A hearing officer denied his appeal on May 11, *416 1972. Plaintiff then failed to pursue any of the administrative appeals available to him. On October 13,1972, plaintiff again filed an application alleging the same disabilities as were alleged in the earlier application. The doctrine of adminis...
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RULING ON MOTIONS TO DISMISS These motions to dismiss counts I, II, and III of the amended complaint by defendant Reynolds Securities, Inc. [Reynolds] and to dismiss counts II and III of the amended complaint by Dominick & Dominick, Incorporated [Dominick] raise unsettled issues concerning the secondary liability of a broker-dealer for the acts of one of its employees. 1 The co...
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MEMORANDUM ORDER The Court is presented with a petition for removal of a civil action. Plaintiff filed a slander action in the Superior Court of Guam against the defendant. Defendant is an officer in the United States Air Force and is designated a Military Judge and Special Trial Judiciary Officer by the Judge Advocate General of the United States Air Force. Defendant is represented by the Un...
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*755 MEMORANDUM I. This is a motion for a preliminary injunction filed pursuant to Rule 65 of the Federal Rules of Civil Procedure by three wholesale liquor distributors who seek to enjoin the termination of a distributorship agreement. In a two-count complaint, the distributors charge defendant with violations of federal and anti-trust laws and breach of a contract. The cou...
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OPINION AND ORDER OF THE COURT This appeal arises from the bankruptcy of Sally Stephenson Frisby. The hearing was held before the Referee in Bankruptcy on September 25, 1975, to determine the dischargeability of the Appellee’s debt to Appellant pursuant to § 17(a)(2) of the Bankruptcy Act (11 U.S.C. § 35) which provides: “A discharge in bankruptcy shall release a bankrupt from all of his pr...
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MEMORANDUM OPINION This matter comes before the Court for approval of a comprehensive student integration plan to be implemented this coming fall term in the School District of Omaha. On June 12, 1975, the Court of Appeals for the Eighth Circuit in United States v. School District of Omaha, 521 F.2d 530 (8th Cir. 1975), cert. denied, 423 U.S. 946, 96 S.Ct. 361, 46 L.Ed.2d 280, ordered t...
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This matter comes before the Court for decision subsequent to trial to the Court and the submission of final argument. In accordance with F.R.Civ.P. 52, the Court makes the following findings of fact and conclusions of law regarding liability for the sinking of the dredge in question. Plaintiff is engaged in the sand and gravel business and has a sandpit in the vicinity of Valley, Nebraska. In 196...
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OPINION Plaintiffs in this purported class action move, pursuant to Rule 65(a), Fed.R.Civ.P., for an order preliminarily enjoining defendants from suspending plaintiffs or members of their class from their civil service positions, pursuant to Section 75(3) of the New York Civil Service Law (McKinney 1973). A hearing was held on March 5, 1976 at which counsel for plaintiffs waived all fact...
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MEMORANDUM OPINION AND ORDER In this action, Walter Nersesian seeks a federal writ of habeas corpus. Petitioner is presently incarcerated at the Attica Correctional Facility pursuant to a judgment of conviction rendered after a trial by jury in the Supreme Court, New York County (Birns, J.), convicting him of grand larceny in the third degree and robbery in the second degree. Petitioner was sen...
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This is an application for allowance of legal fees and disbursements sought on behalf of attorneys who represented a class of owners of debentures issued by National Industries, Inc. That class sued the corporation and its directors and the Trustee under the trust indenture to enjoin the defendants from soliciting the consents of the bondholders to the elimination of a restrictive provision in the...
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OPINION This is the latest of a series of lawsuits instituted in federal and state courts against Bache & Co. Inc., the underwriter of $4.8 million first mortgage industrial revenue bonds issued by the Montgomery County Industrial Development Agency (“Agency”) in March 1972. The proceeds of the bonds were to be used for the acquisition of real property and the construction of an industrial facili...
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OPINION AND ORDER This is a motion for summary judgment under Rule 56, Federal Rules of Civil Procedure. The action is brought under the *627 Truth in Lending Act, 15 U.S.C. § 1601 et seq. On a date unknown, Mrs. Carmen Sambolin, the plaintiff, telephoned Steve Kleiner, the sole proprietor of Klein Sales Co., the named defendant, to inquire about mattresses, boxsprings, and linoleum. On N...
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CONSENT DECREE FOR DECLARATORY JUDGMENT AND ORDER OF PERMANENT INJUNCTION The Plaintiff, United States of America having filed its Complaint against the Defendants, Dr. Louis S. Zwick and Louis S. Zwick, M.D., Inc., for violations under Title 21, United States Code, Section 828(e) and Section 353, and while said Defendants deny any violation of the aforesaid Title 21, United States Code, Section 8...
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MEMORANDUM OPINION AND ORDER Plaintiff, a citizen of the State of Oklahoma, alleges he was libeled and defamed by defendant, a citizen of the State of Tennessee, in a letter written by defendant to plaintiff’s commanding officer at Fort Sill, Oklahoma. Defendant moves for dismissal for improper service and want of jurisdiction over his person, on the ground that no provision *709 of the lon...
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MEMORANDUM OPINION The parties herein have stipulated that this case may be submitted to the Court for a decision on the record before the Court and the applicable law. In order to satisfy a judgment rendered on behalf of the plaintiff against the defendant, a non-resident, in the amount of $2,615.00, representing past-due child support, plaintiff commenced garnishment proceedings in...
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412 F. Supp. 839 (1976) SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY v. TRANSIT CASUALTY COMPANY. Civ. A. No. 69-1818. United States District Court, E. D. Pennsylvania. April 27, 1976. *840 Henry W. Sawyer, III, Morris R. Brooke, Drinker, Biddle & Reath, Philadelphia, Pa., for plaintiff. Norman Paul Harvey, Liebert, Harvey, Herting, Short & Lavin, Philadelphia, Pa., for defendant. ...
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MEMORANDUM AND ORDER This is an appeal from a final decision by the Secretary of HEW denying a widow’s claim for black lung survivor benefits under the Federal Coal Mine Health & Safety Act of 1969, as amended by the Black Lung Benefits Act of 1972. 30 U.S.C. § 901 et seq. Following the usual practice in such cases, the parties have filed cross-motions for summary judgment, and the plaint...
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ORDER REMANDING CASE TO STATE COURT This lawsuit was initially instituted in state court on November 15, 1974. Before its removal to this Court on May 8, 1975 almost six months of pretrial and discovery had been conducted, and a definite trial date had been set for July 11, 1975. Despite this, the parties have constantly bombarded this Court with numerous pretrial and discovery matters ever sin...
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MEMORANDUM OPINION Penny Jacobs1 has brought this suit against her former landlord seeking damages and a judicial determination that a statute of the State of Texas is constitutionally infirm. The case turns on the presence or absence of state action, a principle doomed to conceptual adolescence operating as it does, as an adjusting screw between state-federal sovereignties. In November, 1974, Pe...
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MEMORANDUM OPINION WITH JUDGMENT ATTACHED The detailed and complex immigration laws of the United States [Act of June 27, 1952, 66 Stat. 163, as amended; 8 U.S.C. § 1101 et seq.] were designed and drafted as much for the protection of American labor as for the maintenance of the racial status quo. While the odious qualitative restrictions and numerical limitations foundation of the 1917 an...
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MEMORANDUM AND ORDER This is an appeal whereby the bankrupt named above challenges an order entered in the bankruptcy court for this judicial district on October 22, 1975. Said order permitted an extension of time for an unsecured creditor to file an objection to the execution of the bankrupt’s discharge. While the “Notice of Review and Petition for Review” filed November 3, 1976 rec...
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MEMORANDUM AND ORDER This is an action whereby the petitioners Continental Auto Sales, Inc. [hereinafter “Continental”] and Ruth Holland, through their counsel, seek relief from this Court in connection with certain conduct undertaken in the bankruptcy court for this judicial district by the trustee for the bankrupt Earl E. Holland [hereinafter “the trustee”]. On May 13,1975 the trustee initiat...
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*1157 MEMORANDUM ORDER Before the Court for determination is the motion of defendants Louis W. Biegler and the Biegler Foundation (“Defendants”) to enforce Rules 9(b) and 23.1 of the Federal Rules of Civil Procedure. Having considered the motion, the memoranda of points and authorities in support thereof and in opposition thereto, and the relevant affidavits, the Court finds that...
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*1160 MEMORANDUM ORDER On March 12, 1975, this Court entered an order in this multi-district litigation, allowing the plaintiffs in the Garber and Natale class actions 1 to file an amended complaint adding certain party defendants, including Interstate National Corporation Employees’ Retirement Trust 2 (“Interstate Retirement” or “Defendant”). The newly name...
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MEMORANDUM OPINION The plaintiff in this Civil Rights suit 1 is a state prisoner who is serving a life sentence for first degree murder of a fifteen year old girl whom he killed' while attempting to rape her. 2 He has been incarcerated by the *112 State of Delaware since he was first arrested and charged with murder on January 31, 1964. The defendant is ...
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OPINION This is an action, for declaratory judgment and an order in the nature of mandamus. Plaintiff is the Guam Telephone Authority, a public corporation and autonomous *284instrumentality of the Government of Guam. Defendant, Jose R. Rivera, is the Assistant Secretary of the Authority. On December 13, 1975, the plaintiff, hereinafter referred to as “GTA”, issued a Preliminary Resolution authori...
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*61MEMORANDUM ORDER This is an action brought by plaintiff subsequent to an adverse decision of the Secretary of Health, Education, and Welfare with regard to plaintiff’s claim for Disability Insurance Benefits under the Federal Social Security Act. The action is filed pursuant to Title 42, Section 405(g), of the United States Code. The record is not disputed. Plaintiff suffered an initial disabil...
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MEMORANDUM OPINION AND ORDER This is a taxpayer suit to enjoin the United States’ continued retention of funds seized in satisfaction of a series of jeopardy assessments issued under 26 U.S.C. § 6851. In 1973 and early 1974, the Internal Reve *25 nue Service (IRS) on three separate occasions terminated taxpayer’s 1973 and 1974 tax years and assessed and seized some |120,000 of taxpayer’s mone...
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MEMORANDUM Grover C. Robinson and William E. Micek, inmates at the Nebraska Penal and Correctional Complex, have each petitioned this court for a writ of habeas corpus. As the issues raised by them are identical — although their status in relation to the issues *666 varies — the cases were consolidated for the purpose of oral argument and will be jointly disposed of in this opinion. The iss...
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OPINION This suit, brought on diversity grounds, seeks damages for personal injuries sustained in the use of an inflammable fluid marketed for the specific purpose of igniting charcoal in an outdoor grill. The defendant Inland Oil and Chemical Corp. (Inland) was the supplier who initially furnished the fluid to Stalfort, in bulk. The fluid was sold to one or the other of the Stalfort...
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OPINION Plaintiff, a seaman employed for a time by defendant General Marine Transport Corp. as the engineer on various vessels, is suing for overtime wages allegedly owed him pursuant to the terms of the collective bargaining agreement between his union and his former employer. The action is brought both in personam against General American Transport Corp. and in rem ...
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OPINION Plaintiffs, limited partners of Schweickart & Co. (“Schweickart”), a securities broker-dealer and former member of the New York Stock Exchange, bring this action derivatively on behalf of Schweickart, which suffered a financial collapse in July 1974 and is now defunct. They assert claims against Skelly Oil Company (“Skelly”) and others for violations of section 17 of the Securitie...
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MEMORANDUM After a trial to a jury and a verdict for plaintiffs, defendant has brought on a motion for judgment notwithstanding the verdict pursuant to Rule 50(b) of the Federal Rules of Civil Procedure. For the reasons set forth below, the motion is denied. Facts The three plaintiffs in this action, Harold Lee (now deceased) and his sons Eric and Lester Lee, owned a 50% int...
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MEMORANDUM OPINION In this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, Jay Gray raises several constitutional claims arising out of his arrest and conviction on a New York state criminal charge in 1971. Upon his plea of guilty in the Westchester County Court, petitioner was convicted of robbery in the first degree and was sentenced on September 9, 1971 to seven years impr...
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MEMORANDUM OPINION and ORDER INTRODUCTION On July 1, 1965, the Virginia Electric and Power Company (hereinafter “Vepco”) entered into a contract with the United States Coast Guard to deliver electrical power to the Coast Guard Air Base at Elizabeth City, North Carolina. In return for service, the Coast Guard agreed to pay a price to be determined by the rate schedule currently on fil...
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This is an action in which the Plaintiff, I. V. Patterson, challenges on Due Process and Equal Protection bases the constitutionality of a portion of the Social Security Act relating to disability benefits, 42 U.S.C. Section 1383(b) (Title XVI, Section 1631(b)) 1 and 20 C.F.R. § 416.542, 2 the effect of which, he claims, is to preclude the spouse and the estate of a deceased recipient from co...
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MEMORANDUM Defendant was indicted on January 25, 1976 by a federal grand jury for theft of government property in violation of 18 U.S.C. § 641. The item which defendant is alleged to have stolen is a color television set that had been purchased with funds furnished under Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 241a et seq. (Title I), and, at the time of the ...
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ORDER Pursuant to due notice to all parties in this action, a hearing was held in Aiken, South Carolina, on April 5,1976. The hearing was on the following motions: 1. Motion to Dismiss by defendant Schein; 2. Motion for Summary Judgment by plaintiff, Federal Deposit Insurance Corporation; 3. Motion for Summary Judgment by “Bagby Defendants”; and 4. Motion for Discovery...
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MEMORANDUM In this action plaintiff sued under the Interstate Land Sales Act, 15 U.S.C. § 1701, et seq., to rescind a real estate purchase, and to recover punitive damages and attorney’s fees. Service was had on defendant, a Colorado corporation, by means of the Texas long-arm statute, Tex.Civ.Stat.Ann., Art. 2031b. Defendant did not file an answer or otherwise appear, and on April 16, 1975, afte...
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MEMORANDUM OF OPINION AND ORDER Plaintiff, a prisoner in state custody at San Quentin State Prison, Tamal, California, originally brought this civil rights action under 42 U.S.C. § 1983 alleging that his rights under the Eighth and Fourteenth Amendments to the Constitution had been violated. In its Memorandum of Opinion and Order dated May 5, 1975,1 this Court granted defendants’ motion to dismiss...
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MEMORANDUM OPINION AND ORDER This is a suit under the Labor Management Relations Act, 29 U.S.C. § 151 et seq. Plaintiff, a former employee of defendant Greyhound Lines-East, is suing his employer for reinstatement and money damages for an allegedly wrongful discharge. Additionally, he sues his .union, the Amalgamated Transit Union, AFL-CIO, for allegedly having breached its duty of fair represent...
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OPINION AND ORDER The Attorney General in this case is seeking an injunction ordering Covington & Burling (“C&B”), a Washington, D.C. law firm, to allow officials of the Justice Department to inspect certain documents the firm has withheld relating to its representation of the Republic of Guinea. He claims his delegates have a right to see these documents under the Foreign Agents Registra...
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MEMORANDUM AND ORDER This is an action by the plaintiff under the Privacy Act of 1974, 5 U.S.C. § 552a (Supp.1974), to obtain access to records maintained on him by the government. * The parties have filed cross-motions for summary judgment. In 1974, the plaintiff Michael Mervin applied for a position as hearing examiner with the Social Security Administration, a component of the Department...
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MEMORANDUM AND ORDER Motions to suppress are before the Court raising questions common to these five indictments in which eight defendants are charged with various narcotic drug offenses under the United States and District of Columbia Codes. The Government’s proof is based in part on interceptions of oral communications made by the District of Columbia police after having placed transmitt...
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RULING ON MOTION TO WITHDRAW ADMISSIONS On March 14, 1975, the plaintiff filed requests for admissions pursuant to Rule 36, Fed.R.Civ.P. On April 29, 1975, a pre-trial order was filed which gave the defendant two weeks in which to respond to the requests. The defendant did not, however, file its responses until March 31, 1976, almost a year later. The plaintiff immediately moved to strike the resp...
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SUPPLEMENTAL MEMORANDUM OPINION Plaintiff, The Detroit and Toledo Shore Line Railroad Company (the Carrier), brings this action to enjoin defendant, United Transportation Union (the Organization), from carrying out a strike and work stoppage on plaintiff’s railroad. An ex parte order temporarily restraining the threatened strike was granted by this court on March 16, 1976, but was vacated...
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MEMORANDUM OF DECISION The central issue in this case for the court to determine is which of two innocent parties will find itself $18,000 poorer on account of a third party’s default on a contractual obligation. On December 26, 1972, the defendant, Jack Adams Aircraft Sales, Inc., (hereinafter “Adams”) and Buckeye Air Service, Inc., (hereinafter “Buckeye”) entered into ...
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OPINION William Torres Martinez and a co-defendant were charged in a one-count indictment with the knowing possession of goods stolen from an interstate shipment, in violation of Title 18 United States Code, § 659. On the day of trial, after a jury panel had been summoned to the courtroom, Martinez notified the Court that he wished to retract his previous plea of not guilty. 1 ...
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This is a claim for indemnity arising out of a personal injury action brought by a seaman, Leonard Imanuel, under the Jones Act, 46 U.S.C. § 688, against his employer, Lykes Bros. Steamship Co., Inc. (Lykes). Lykes, a shipowner, has impleaded Todd Shipyards Corporation, a repair yard (Todd or Todd Shipyards), as a third-party defendant. Imanuel’s underlying claim was settled before trial by the pa...
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MEMORANDUM AND ORDER This is an application pursuant to Rule 38(a)(2) of the Federal Rules of Criminal *853Procedure for a recommendation that the defendant Joseph Stassi be transferred from the United States Penitentiary at Marion, Illinois to some place near New York. The purpose of the application is to make it more convenient for newly retained appellate counsel to confer with the defendant. R...
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OPINION Robert Taylor, under indictment in the Supreme Court of the State of New York, Bronx County, for murder and for burglary in the second degree, removed the prosecution of his case to this court pursuant to 28 U.S.C., section 1443. His petition for removal alleges only that the state denied him “equal protection of the law and due process of law as defined by the Constitution of the United S...
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MEMORANDUM OPINION AND ORDER This is a diversity action wherein plaintiff seeks compensatory damages, plus interest and costs, charging defendant with a breach of an oral contract. Defendant denies the existence of an oral contract. Jurisdiction of the Court was properly invoked pursuant to 28 U.S.C. § 1332 and, at the pretrial request of both parties, the case was tried to the Court with...
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*20MEMORANDUM OPINION AND ORDER This is a proceeding for review of an Order entered by the Bankruptcy Judge on December 3, 1974 disallowing a claim presented by the Reclamation Petition of appellant Philco Finance Corporation. The question presented here for review is whether the contract by which Philco “floor-planned” merchandise to the bankrupt was void because of usurious rates of interest cha...
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MEMORANDUM OPINION This matter is now before the Court on plaintiffs’ Motion For Preliminary Injunction and defendants’ Motion To Dismiss, and the respective oppositions thereto. The action was transferred to this Court from the United States District Court For The Western District of Pennsylvania, where it was originally filed. A temporary restraining order was entered by the Honorable *672 ...
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MEMORANDUM AND ORDER This matter originally came before the Court on April 19,1976, on plaintiffs’ application for a temporary restraining order. The application for a temporary restraining order was denied by fiat and, with the consent of counsel, plaintiffs’ request for a preliminary injunction was promptly scheduled for oral argument on April 20. The record reveals the following pertinent fa...
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OPINION In this habeas corpus proceeding, petitioner attacks his state court conviction for second degree murder. First, he maintains that the trial judge deprived him of his rights to trial by jury and due process of law by refusing to charge the jury regarding involuntary manslaughter. Second, petitioner asserts that the court’s charge relieved the State of its constitutional duty under...
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ORDER Plaintiff has moved the Court to remand this case to the state circuit court on the basis that the case was improvidently removed because the requisite jurisdictional amount to remove the action did not appear in the initial or other pleadings. Plaintiff, citing Jefferson v. Liverpool, 167 F.Supp. 389 (S.D.Cal.1958), argues that because the complaint is primarily for a declaratory decree, e...
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ORDER This case was commenced in the Circuit Court of the Fourth Judicial Circuit of Florida in and for Duval County on September 8,1975. The action was brought under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. § 51, et seq. Under the federal removal statute, 28 U.S.C. § 1445(a), removal of actions commenced under FELA is expressly prohibited. After filing its answer on February 23,19...
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*2 ORDER The Court, after carefully considering the motion of defendants for summary judgment, the record, the law applicable to the case, and the Magistrate’s Report and Recommendation, hereby approves the Magistrate’s Report and Recommendation and adopts it as its opinion herein. Accordingly, the motion of defendants for summary judgment is GRANTED. REPORT AND RECOMME...
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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. This litigation consists of four actions, each pending in a different district: the Central District of California, the Northern District of Illinois, the District of Colorado, and the Eastern District ...
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(concurring): I concur fully in Judge Tenney’s thorough opinion. It is important, however, lest our action today be misunderstood, that we stress what this Court has not held. Our decision does not in any way mandate that the plaintiff be permitted, by those he represents, to remain in office — or, indeed, that he should be reelected to his positions within the Democratic party. Nor have we ruled ...
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OPINION This action was commenced in 1970 at a time when plaintiffs Palermo and Saltzman were both New York State prisoners. They sued various defendants seeking damages *936 and an order that they be released from prison and certain other relief. The complaint was brought under 42 U.S.C., Sections 1983 and 1985, alleging violations of plaintiffs’ constitutional rights. ...
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MEMORANDUM AND ORDER This is a maritime action wherein plaintiff, Bethlehem Steel Corporation, asserts its statutory right, pursuant to 46 U.S.C. §§ 183 et seq., as amended, to limitation of liability on claims arising from the collision of its vessel, the Steamer Steelton, with Bridge No. 12 in the course of the ship’s passage through the Welland Canal of the St. Lawrence Seaw...
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MEMORANDUM AND ORDER Petitioner Walter Davis, having been convicted in the Municipal Court of Franklin County, Ohio, of violating the criminal trespass ordinance of Columbus, Ohio, and having exhausted his state appeals, seeks a determination from this Court adjudging the ordinance to be unconstitutionally vague or overbroad. Respondent moves to dismiss the petition. In denying Davis’ direct appea...
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427 F.Supp. 5 (1976) David Dean BRADY, Petitioner, v. Barton W. BLAIR, Jr., Respondent. No. C-2-75 410. United States District Court, S. D. Ohio, E. D. April 22, 1976. *6 R. Raymond Twohig, Jr., Columbus, Ohio, for petitioner. David E. Railsback, Mount Vernon, Ohio, for respondent. OPINION AND ORDER KINNEARY, District Judge. Petitioner, a state prisoner when the action was filed, brings this act...
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ORDER Defendant Guy Warren Payne has filed a Motion To Suppress in which he seeks to suppress as evidence in this case a large sum of money allegedly seized from said Defendant when arrested in connection with the charges involved in this case. The Court conducted an evidentiary hearing on said Motion on March 31, 1976. Movant contends he was arrested in a motel room in Fayetteville, Arkansas, on ...
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ORDER Plaintiff has applied to this Court for the creation of a Three-Judge Court under the provisions of 28 U.S.C. § 2281 et seq. The Plaintiff claims that Title 57, Oklahoma Statutes 1971, Sections 516 and 517 are unconstitutional and that the Defendants should be enjoined from issuing arrest warrants for parole and probation violators pursuant to said statutes. From the Complaint, it appears th...
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*1015OPINION Billy Duwayne Garr and Harold Wayne Manes were indicted on five counts arising from the alleged theft of cedar from forest lands owned by the United States. Counts I through IV charged violations of 18 U.S.C. § 641, which applies to anyone who “embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of” any...
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MEMORANDUM AND ORDER The sole issue remaining to be adjudicated in this case is plaintiffs’ motion for an award of attorneys’ fees. Because the plaintiffs are unable to bring this case within any of the recognized exceptions to the “American Rule” which normally precludes recovery of attorneys’ fees by a prevailing party, the plaintiffs’ motion must be denied. The plaintiffs originally brought th...
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MEMORANDUM OPINION The above defendant, proceeding pro se, has moved the court to reduce or modify his sentence under the provisions of 28 U.S.C. § 2255. To bring himself within the terms of Section 2255 he recites that the sentence “is otherwise subject to collateral attack”. The gravamen of his complaint is that the sentencing court has continuing authority and jurisdiction under 18 U.S.C. § 420...
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ORDER This cause is before the Court on defendant’s continuing motion to dismiss and on plaintiff’s motion to remand the case to state court where it was commenced. On *108 February 20, 1975, the Court ordered plaintiff and defendant to file memoranda of law concerning (1) the propriety of the removal of this action to federal court; and (2) the subject matter jurisdiction of this Court over ...
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ORDER ON DEFENDANTS’ MOTIONS TO DISMISS Plaintiff is the wife of an injured longshoreman. She sues for loss of consortium as a result of an injury to her husband that occurred aboard the SS “Hazelbank” at Savannah in 1973. The defendants are Bank Lines, Ltd., her owner, and Isthmian Lines, Inc., the charterer. Negligence is alleged in operating a vessel having defective sweat battens in t...
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MEMORANDUM AND ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT This is an action for alleged injuries resulting from plaintiff McKinley’s termination from employment with defendant Bendix Corporation. In Count I, plaintiff seeks relief under the provisions of the Age Discrimination Act of 1967, 29 U.S.C. §§ 621 et seq. (1970), on the ground that he was discharged in violatio...
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MEMORANDUM Plaintiff Jacquelyn Katz brought this suit pursuant to 29 U.S.C. § 206(d) seeking monetary and declaratory relief. This case was tried before the Court without a jury. The Court having considered the pleadings, the testimony of the witnesses, the documents in evidence, the stipulations of the parties, and being otherwise fully advised in the premises, hereby makes the following finding...
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OPINION AND ORDER Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH S. LORD, III, STANLEY A. WEIG-EL, and ANDREW A. CAFFREY, Judges of the Panel. The Panel previously transferred all actions in this litigation to the Northern District of California and, with the consent of that court, assigned them to the Honorable Ray McNichols, sitting by de...
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MEMORANDUM Petitioners seek habeas corpus relief pursuant to 28 U.S.C. § 2254. They were convicted of larceny by the Criminal Court of Roane County, Tennessee, on November 14, 1974 and their convictions were affirmed by the Tennessee Court of Criminal Appeals on November 19, 1975. Certiorari was denied by the Tennessee Supreme Court on March 8, 1976. The thrust of their complaint in this action is...
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Background This is an action instituted by the plaintiff, Dunkley Refrigerated Transport, to obtain judicial review of two orders of the Interstate Commerce Commission [I.C.C.]. The plaintiff filed an application with the I.C.C. on November 10,1972, seeking a Certificate of Public Convenience and Necessity which would allow the plaintiff to operate as a common carrier over irregular ro...
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OPINION This cause found its way before the Court initially on a complaint brought by the Government of the Virgin Islands and Cyril E. King, Governor of the Virgin Islands, as Plaintiffs. Named as Defendants are the Eleventh Legislature of the Virgin Islands, the President of that body, members of the Legislature in various capacities, and the Executive Secretary of the Legislature. In their firs...
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DECISION and ORDER The defendant, a Michigan corporation, has moved to dismiss the above action for lack of jurisdiction over the person and for insufficiency of service of process, pursuant to Rules 12(b)(2) and (5), Federal Rules of Civil Procedure. I believe that the defendant’s motion should be granted. The verified complaint alleges that the defendant and the plaintiff, a Wisconsin cheese ma...
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MEMORANDUM AND ORDER Defendant John Russell Chalmers Gidley has filed a motion challenging the legal *625 sufficiency of the indictment under which he is charged. From the stipulated facts presented to the court, we conclude that defendant’s motion must be granted. Defendant was the owner of a wooden vessel, the Wayfarer II, insured by Talbot, Bird & Co. On No...
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MEMORANDUM OPINION Plaintiff, Diane R. Williams, brings this action to recover damages and for other relief as a result of defendants’ alleged violations of the provisions of 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., and other acts of Congress; specifically, plaintiff alleges that she has been denied e...
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412 F. Supp. 171 (1976) CHRYSLER CORPORATION, Plaintiff, v. James R. SCHLESINGER, Secretary, United States Department of Defense, et al., Defendants. Civ. A. No. 75-159. United States District Court, D. Delaware. April 20, 1976. *172 Burt A. Braverman, Borovsky, Smetana, Ehrlich & Kronenberg, Washington, D. C., and Michael D. Goldman, Potter, Anderson & Corroon, Wilmington, Del., for plai...
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MEMORANDUM OF DECISION AND JUDGMENT Before PELL, Circuit Judge, and ESCHBACH and SHARP, District Judges. The Interstate Commerce Commission, charged under 49 U.S.C. §§ 306-07 with the duty of issuing certificates of convenience and necessity to carriers of goods in interstate commerce, 1 employs a “flagging” or deferral rule in considering applications for new operating au...
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MEMORANDUM AND ORDER Before this Court are defendants’ motions, pursuant to Rule 62(c) of the Federal Rules of Civil Procedure, to stay the judgments entered by this Court on March 9, 1976, and March 12, 1976, pending appeals to the United States Court of Appeals for the Fourth Circuit. Defendants’ motions and joint memorandum assert that stays should be granted under the rationale of Long v. Robi...
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MEMORANDUM AND ORDER Plaintiff instituted this interpleader action against the widow and four children of plaintiff’s deceased policyholder, Herskel R. Outlaw. 1 Plaintiff has paid into the court $18,150 in insurance proceeds which the parties have stipulated is the correct amount under the two policies at issue in this suit (Clerk’s File # 18). Plaintiff is a Connecticut corporation and four...
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MEMORANDUM THIS MATTER is before the Court on the defendant’s Motion to Stay these proceedings pursuant to the United States Arbitration Act, 9 U.S.C.A. § 3 (1970). 1 The Court’s jurisdiction is found in 28 U.S.C.A. § 1332 (1966). In early 1975, the plaintiffs and defendant entered into “Customer Agreements” (Filing Number 11, Exhibit A) which generally authorized the defe...
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OPINION Plaintiffs, three disappointed stockholders of the Missouri-Pacific Railroad Company, (hereinafter MoPac), brought this action to set aside and annul an order of the Interstate Commerce Commission which granted authority to MoPac under the Interstate Commerce Act, 49 U.S.C. § 20a to issue securities in accordance with a plan submitted to the I.C.C. to recapitalize. Plaintiffs and others h...
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OPINION Plaintiffs have moved for a new trial after a jury verdict in favor of the defendant on the issue of liability. This is a diversity negligence action arising out of a collision between plaintiffs’ automobile and a truck owned by defendant and operated by defendant’s employee on its business. The collision occurred near the intersection of Pennsylvania Routes 26 and 164 in Bedford County, P...
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OPINION Plaintiff instituted this declaratory judgment action asking this court to declare and determine the rights and liabilities of the parties to this action under certain policies of automobile liability insurance. The facts germane to the issue involved in this case are not in dispute. On July 9, 1971, defendant Robert Ray Jones, while driving a 1962 Plymouth automobile owned by defendant M...
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DECISION AND ORDER The plaintiffs in the above action have filed a motion pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure, to dismiss two of the four counterclaims stated in the answer and counterclaim of the defendants David Clegg, Ken Schroeder, Clarence Casey, Wallace Lenzner, Richard Peters, Randy Jack, Robert Schmidt and David McHugh for failure to state claims upon which relief ...
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MEMORANDUM AND ORDER Plaintiff, in this Jones Act (46 U.S.C. § 688) case, has requested this court to compel defendant to answer Interrogatories numbered 6, 15, and 27. Interrogatory No. 6 is as follows: ■ “State the name and addresses of each person who investigated the cause and circumstances of the occurrence, or Plaintiff’s injuries or damages.” The defendant, in answer to Interrogatory No. 6...
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OPINION Plaintiff, Rufus Hendon, a resident of Vicksburg, Mississippi brought this maritime action under Rule 9(h), Federal Rules of Civil Procedure, against Reading & Bates *1284Offshore Drilling Company, a Delaware corporation authorized to do business in Mississippi, herein called R & B, for injuries he received when he fell from scaffolding aboard R & B’s submersible, off-shore drilling rig v...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND FINAL JUDGMENT FOR DEFENDANT ON ALL COUNTS This is a civil rights action by a former employee of the Juvenile Court of the Sixteenth Judicial Circuit of Missouri (Jackson County) (hereinafter “Juvenile Court”) under the Civil Rights Act of 1871, Section 1983, Title 42, United States Code. Plaintiff contends that her discharge for failure to remove...
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MEMORANDUM AND ORDER This matter comes before the Court upon the motion of defendant, The United States of America, to dismiss and to *862 be released as garnishee [Filing # 5] subsequent to the submission of briefs and oral argument before the Court on April 9, 1976. Plaintiff, Joanne Mary Golightly, filed an action for divorce against Charles E. Golightly in the District Court of Sarpy Co...
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ORDER This is a proceeding for Writ of Habeas Corpus by a State prisoner confined in the Oklahoma State Penitentiary at McAlester, Oklahoma, who challenges his detention by virtue of the judgment and sentence of the District Court of Cleveland County, Oklahoma, in case No. CRF-73-331, on the grounds that his plea of guilty was involuntary and that he was denied the effective assistance of counsel....
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MEMORANDUM AND ORDER The petitioner, a State prisoner confined in the Oklahoma State Penitentiary at McAlester, Oklahoma, submitted to this court his Petition for Writ of Habeas Corpus challenging his detention by virtue of the judgment and sentence of the District Court of Oklahoma County, State of Oklahoma, in case No. CRF-71-1544 on the ground that his parole from the sentence in said case w...
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OPINION This is a civil rights proceeding filed by the plaintiff, Richard A. Mellick, against the defendant, Equal Employment Opportunity Commission, for discrimination in employment with jurisdiction under Section 717 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.A., § 2000e-16(c). The Court has afforded the parties a full and complete trial and has considered the briefs and ...
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OPINION Plaintiff Victor Electric Wire and Cable Corporation (hereinafter “the Company”) has brought the within action to set aside the award of Arbitrator Craig Overton of November 7, 1975, ordering the reinstatement of its employee Edward Noel. The defendant International Brotherhood of Electrical Workers, Local 2014 (hereinafter “the Union”), of which Edward Noel is a member, has responded by ...
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ORDER GRANTING MOTION TO DISMISS BY DEFENDANT ECONOCAR INTERNATIONAL, INC. This action arose out of a dispute concerning payment for the use of a truck rented by plaintiff from defendant Hein’s leasing operation, Econo-Car of Columbia. Plaintiff admittedly failed to pay the amount allegedly due because he considered it incorrect. According to the complaint, however, Hein attempted to coer...
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OPINION AND ORDER Before GOLDBERG, Circuit Judge, and HILL and PORTER, District Judges. 1. NATURE OF THE CONTROVERSY: As members of the Board of Trustees and management of the Carrollton-Farmers Branch Independent School District, the Plaintiffs, both individually and as representatives of a class, which purportedly en *711 compasses all present and future pupils of the school district as w...
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OPINION AND JUDGMENT 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 of this court is pursuant to § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates § 20...
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MEMORANDUM OPINION AND ORDER Plaintiff brought this action seeking review of a final decision by the Secretary of Health, Education and Welfare denying his claim for benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. (herein *875 after the “Act”). Jurisdiction is pursuant to § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates 42 U...
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410 F.Supp. 1196 (1976) The ALEUT CORPORATION et al., Plaintiffs, v. ARCTIC SLOPE REGIONAL CORP. et al., Defendants. Civ. No. A75-53. United States District Court, D. Alaska April 16, 1976. *1197 Edward A. Merdes, Merdes, Schaible, Staley & DeLisio, Fairbanks, Alaska, Richard A. Derham & James Wickwire, Davis, Wright, Todd, Riese & Jones, Seattle, Wash., for Arctic Slope Regional Corp., Inc. Gary...
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ORDER OF DISMISSAL On April 1, 1976, a hearing was held on defendants’ motion to dismiss or, in the alternative, for summary judgment. The basis of the motion was the decision of the judges of the Superior Court of the City and County of San Francisco to adopt a system of random selection for the civil investigative grand jury of the City and County of San Francisco. Attached to the defen...
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ORDER This action for breach of contract and for wrongful interference with existing and prospective business relationships is before the court on Carling O’Keefe, Ltd.’s [hereinafter referred to as “O’Keefe”] motion to dismiss and to quash service of process. O’Keefe is the parent corporation of the defendant Carling Brewing Co. owning 100% of its stock. 1 Plaintiffs sue in tw...
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ORDER This is an action brought pursuant to the Truth-in-Lending provisions of the Federal Consumer Credit Protection Act, 15 U.S.C. § 1601, et seq. (hereinafter Truth-in-Lending Act) and Regulation Z, 12 C.F.R. § 226.1, et seq., promulgated pursuant thereto. The action was referred to a Bankruptcy Judge, acting as Special Master, who recommended entering judgment fo...
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412 F. Supp. 73 (1976) ALTER COMPANY, Plaintiff, v. UNITED STATES of America, Defendant. Civ. No. 73-20-D. United States District Court, S. D. Iowa, Davenport Division. April 16, 1976. *74 William K. Johnson, Lord, Bissell & Brook, John J. Henely, Chicago, Ill., George A. Goebel, Davenport, Iowa, for plaintiff. Allen L. Donielson, U.S. Dist. Atty., S.D. Iowa; James R. Rosenbaum, Asst. U.S. Di...
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MEMORANDUM AND ORDER Plaintiff is a Kansas resident and maintains offices in Wichita, Kansas and Kansas City, Kansas, in which he is engaged in the business of promoting and producing shows and other entertainment performances. Plaintiff brings this breach of contract action against the above-named defendants pursuant to the diversity of citizenship provisions of 28 U.S.C. § 1332. The amount in...
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MEMORANDUM AND ORDER Plaintiff, a duly elected Judge for Michigan’s 37th Judicial District, filed this action pursuant to 42 U.S.C. § 1983, alleging that proceedings initiated by the Judicial Tenure Commission (JTC) deprived him of rights secured by the due process clause of the fourteenth amendment. The JTC was created by Article YI, § 30 of the Michigan Constitution, which in part provi...
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MEMORANDUM OF DECISION This action is before the court on plaintiff’s motion to remand. The court has received elaborate briefs and entertained oral argument on the legal issues involved. The record reflects that on November 13, 1975, as a result of fire and explosion aboard defendant’s tanker, Barge B-924, the husband of plaintiff-executrix, Rex G. Buckley, suffered injuries which r...
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MEMORANDUM AND ORDER This case presents several novel questions under 28 U.S.C. § 1443, which permits removal of state actions to federal courts under certain conditions. In her petition for removal, defendant alleges that an action was commenced against her by plaintiff in the Circuit Court of Buchanan County, Missouri, and that removal is proper under 28 U.S.C. § 1443 because defendant “is de...
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MEMORANDUM OPINION This matter is before the Court on a petition for review of an amended Remedial Order issued by the Federal Energy Administration [FEA] requiring the petitioner to reduce the price charged for No. 5 fuel oil in accordance with FEA price regulations and to refund $12,007.58 to fifteen specified customers for alleged overcharges in the price of No. 5 fuel oil. The petitio...
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MEMORANDUM OPINION Pursuant to Rule 24 of the Federal Rules of Civil Procedure, Roberta Fowler has moved to intervene in this habeas corpus action which challenges the constitutionality of certain sections of the Penal Law, Criminal Procedure Law, and Correction Law of New York, as amended in 1973, governing the treatment of Class A felony drug offenders. The motion is granted. Ms. Fowler is ...
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FINDINGS OF FACT OPINION AND CONCLUSIONS OF LAW This matter is before the Court for determination following submission of trial briefs and the presentation of evidence and testimony. Pursuant to Rule 52 of the Federal Rules of Civil Procedure, the Court does submit its findings of fact and conclusions of law. I FINDINGS OF FACT 1. For many years prior to 1964 the plaintiff functioned as a building...
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MEMORANDUM OPINION In this case the Plaintiffs seek to quiet title in and to certain oil and gas leasehold estates in Section 1, Township 9 North, Range 10 West, Caddo County, Oklahoma against the Defendants. The Defendants by way of Counterclaim seek to quiet title in and to certain oil and gas leasehold estates in said Section against the Plaintiffs. Plaintiffs claim that Defendant...
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MEMORANDUM: PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND HUD’S MOTION TO DISMISS OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT This litigation represents an attempt to sort out part of the financial responsibility for the failure of a low-cost housing development, the Bridgeport Gardens, located at Bridgeport, Harrison County, West Virginia. There are four parties to this case: West Virginia ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW On the 16th day of March, 1976, came on for trial before the Court the above styled and numbered consolidated cause and the Court, having heard the testimony adduced at trial, reviewed all the documents and other evidence duly presented and admitted and having fully considered the arguments of counsel together with the records and file of the case, hereby...
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OPINION Petitioner complains of the imposition of a special parole term when sentence is pronounced invoking the provisions of the Federal Youth Corrections Act. The claimed illegality is the imposition of the special parole term required by 21 U.S.C. § 841(b)(1)(A) which provides in pertinent part: “. . . [A]ny sentence imposing a term of imprisonment under this paragraph shall . . . impose a spe...
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MEMORANDUM OF DECISION In this diversity action grounded primarily on a claim of misappropriation of trade secrets, the plaintiff, Pressure Science, Incorporated (“Pressure Science”) seeks injunctive relief and damages against-David Kramer, a former employee of Pressure Science, and Kramer’s present employer, The Advanced Products Company (“Advanced Products”). The complaint contains...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT ORDER At the close of the evidence offered by the Plaintiff at trial, Defendants moved, pursuant to Rule 50 of the Federal Rules of Civil Procedure, for a directed verdict. After careful consideration of the testimony and exhibits presented, the Court makes the following findings of fact and conclusions of law and must grant the Defendants’ moti...
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MEMORANDUM OPINION The Court has concluded that the third-party complaint filed against Harry Fox Agency, Inc. (“Fox”) fails to state a claim, upon which relief may be granted. Accordingly, the motion to dismiss filed by Fox will be granted and the third-party plaintiffs will be given an opportunity to amend their complaint. The first assertion of third-party plaintiffs is that Fox is liable ...
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OPINION AND ORDER In July 1974, the Equal Employment Opportunity Commission filed an action (EEOC I) in the Southern District of Texas against Delta Airlines, Inc. This action seeks, inter alia, injunctive relief against Delta in favor of all its flight attendants, both male and female, to prevent Delta’s utilization of maximum weight limitations that allegedly discriminate against these em...
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The constitutionality of the New Jersey statute and procedural rules governing civil commitments of the mentally ill are attacked in this suit. After careful consideration, we conclude that the challenge fails and the procedural plan meets constitutional standards. Plaintiff John F. Coll was involuntarily committed to the Essex County Hospital Center pursuant to a final order of the Juveni...
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MEMORANDUM AND ORDER Plaintiffs’ second amended complaint, filed June 11, 1975, premises this Court’s' subject matter jurisdiction upon § 27 of the Securities Exchange Act of 1934 [“the 1934 Act”], 15 U.S.C. § 78aa, and principles of pendent'jurisdiction. This complaint pleads two claims of fraud based upon §§ 10(b) and 18 of the 1934 Act, 15 U.S.C. §§ 78j(b) and 78r, and related rules of...
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Defendant The New York Times Company, Inc. moves for certification permitting immediate appeal to the Court of Appeals from an interlocutory order denying its motion for summary judgment. 28 U.S.C. § 1292(b). The other defendants join in that motion or, in the alternative, seek reargument of the order. The motion for reargument is granted and, upon reargument, the original opinion is modified to ...
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MEMORANDUM AND ORDER Motion of Clark Gurney, Trustee for the liquidation of E.P. Seggos & Co., Inc. (“Seggos”) for reconsideration and disallowance of the claim of Fred Kayden, is granted. In this proceeding for the liquidation of Seggos pursuant to the Securities Investor Protection Act of 1970,15 U.S.C. § 78aaa et seq. (“SIPA”), the Trustee asks the Court to reconsider a...
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415 F.Supp. 530 (1976) A. L. DENHAM, Plaintiff, v. SOUTHWESTERN BELL TELEPHONE COMPANY, Defendant. Civ. No. 75-0504-D. United States District Court, W. D. Oklahoma. April 15, 1976. *531 Patrick Brown, Oklahoma City, Okl., for plaintiff. Nancy Coats, Oklahoma City, Okl., for defendant. MEMORANDUM OPINION DAUGHERTY, Chief Judge. In this case the Plaintiff sues the Defendant for damages as a result...
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ORDER The court has examined the Motion pursuant to Section 2255 of Title 28, United States Code presented to the clerk of this court by the above-named petitioner together with the Motion for leave to proceed in forma pauperis and required affidavit. It appears therefrom that the petitioner is confined in the Federal Reformatory at El Reno, Oklahoma in this judicial district by virtue of the judg...
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MEMORANDUM OPINION AND ORDER The plaintiffs, electronic equipment retail dealers formerly selling Magnavox television and other products under franchise agreements with the corporate defendants seek a mandatory preliminary injunction against the defendants the Magnavox Company, the Magnavox Company of Tennessee, and the North American Phillips Corporation (Magnavox), to compel such defend...
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MEMORANDUM OPINION Defendant was charged with the unlawful possession of counterfeit obligations of the United States, in violation of 18 U.S.C. § 472. 1 To this charge defendant pleaded *1124 not guilty. Thereafter, having properly executed a waiver of a trial by jury defendant was tried by this court on January 14,1976. By the totality of the evidence presented a...
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ORDER This is a civil action in which plaintiff seeks an order requiring defendant to hold a hearing to consider his eligibility for parole. Subject matter jurisdiction is predicated upon 28 U.S.C. § 1361 (1970). Defendant has moved pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure, to dismiss for failure to state a claim and in the alternative pursuant to Rule 56 for summary judgment...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW On December 31, 1975, plaintiffs filed a complaint herein seeking, among other things, a preliminary injunction against the Corps of Engineers of the United States Army, Martin R. Hoffman, Acting Secretary of the Army, Lt. General W. C. Gribble, Jr., Chief of Engineers, Corps of Engineers, and Col. Drake Wilson, District Engineer, Mobile District, Corps o...
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MEMORANDUM AND ORDER Plaintiff, an association comprised of 115 drug manufacturing companies, challenges certain Food and Drug Administration (FDA) regulations implementing the Freedom of Information Act (FOIA), 5 U.S.C. § 552. Judge John Sirica previously denied plaintiff’s Motion for Preliminary Injunction. Pharmaceutical Manufacturers Ass’n v. Weinberger, 401 F.Supp. 444 (D....
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ORDER This is a tax case. On April 3, 1972, the defendant assessed a deficiency in income taxes for the year 1968 against the plaintiff in the principal amount of $80,632.35, with interest of $14,362.49. The plaintiff paid the tax and interest assessed and has now instituted this suit for refund. Jurisdiction is conferred upon this Court by Title 28, United States Code, Section 1346(a)(1). The cas...
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MEMORANDUM OPINION This is an action brought by eleven employees against their employer, The Burlington Northern, Inc. (hereinafter “Carrier”), and against their collective bargaining representative, The Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees, Lodge No. 1047 (hereinafter “BRAC”), seeking declaratory relief, permanent injunctive relief...
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DECISION ON DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT Defendants have filed a motion for summary judgment on Counts I, II and V of the Amended Complaint, supported by various sworn and unsworn documents which are attached to their memorandum. Plaintiff has also filed various documents attached to his memorandum. The question raised by the motion, whether any genuine issue of materia...
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OPINION AND ORDER OF THE COURT This action seeks damages arising from the “personal injuries and/or illness” and death of plaintiff’s husband, a seaman and member of the crew of defendant’s fishing vessel Robert F. O’Hara, which occurred on the high seas April 18,1973. Plaintiff seeks damages both on behalf of decedent’s estate for his conscious pain and suffering prior to deat...
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Memorandum and Order In an information filed on October 17, 1975, the government has charged Carol S. Holmes, defendant, with violation of 18 U.S.C. § 1382 1 in that on or about August 22, 1975, she entered Aberdeen Proving Grounds, 2 at Chillbury Point, for a purpose prohibited by a lawful regulation, that is, Aberdeen Proving Grounds Regulation 190-4 (APGR 190 —...
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TRANSFER 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. It appearing that all parties to the actions listed on the attached Schedule A agree on the desirability of transferring the action pending in the District of New Mexico to the Western District of Missouri fo...
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OPINION FINDINGS OF FACT JURISDICTION This is an action instituted on July 9,1969 by the United States of America under *1120 Section 4 of the Sherman Act, 26 Stat. 209 (15 U.S.C. § 4) for injunctive and other appropriate relief to remedy and prevent alleged violations of Section 1 of that Act, 26 Stat. 209 (15 U.S.C. § 1). The court has jurisd...
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OPINION Plaintiff brought this action pursuant to section 205(g) of the Social Security Act1 for judicial review of a final decision of the Secretary of Health, Education, and Welfare (“Secretary”) denying plaintiff’s claim for disability insurance benefits for the period from March 13, 1966 to February 8, 1969.2 The Secretary determined that plaintiff was under a disability which prevented him f...
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MEMORANDUM OPINION AND ORDER On this 6th day of April, 1976, the Court having reviewed the entire record, including memorandum briefs submitted by counsel for the respective parties in support of and in opposition to the plaintiff’s Motion for New Trial, the Motion for New Trial of the plaintiff, Mustang Fuel Corp., is denied. By plaintiff’s opening statement in its Brief in Support of its Mo...
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MEMORANDUM AND ORDER NO. 2315 Pennsylvania Tunnel & Terminal Railroad Company (“PTT”) is a wholly-owned subsidiary of the Debtor, but is not itself in reorganization. Effective as of July 1, 1928, PTT leased all of its properties to the Debtor for a term of 999 years. The lease has been neither affirmed nor disaffirmed by the Trustees of the Debtor. The Trustees seek approval of a proposed sale o...
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OPINION The Plaintiffs, Frank Aster, William Crooks, Samuel L. Glantz, Allen Passerin, Elmer Propert, Alvin Rosenberg, and Joseph Ryan, doing business as co-partners, originally filed a suit in equity against the Defendant, BP Oil, on May 19, 1975 in the Court of Common Pleas for Northumberland County, Pennsylvania. On August 25, 1975, pursuant to 28 U.S.C. § 1441(b), BP removed the suit ...
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MEMORANDUM AND ORDER Presently before the Court are cross-motions of the parties for summary judgment on an appeal, pursuant to Section 205(g) of the Social Security Act, as amended, Title 42 U.S.C, § 405(g), of a final decision of the Secretary of Health, Education and Welfare denying the claimant disability benefits. The Administrative Law Judge’s decision of August 9, 1974, holding that Mrs....
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MEMORANDUM This is an action to review the final decision of the Secretary of the Department of *850 Health, Education and Welfare denying plaintiff’s claim for black lung benefits pursuant to the Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. Before the Court are cross-motions for summary judgment. Plaintiff is a 63-year-old ex-coal miner who began working i...
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MEMORANDUM Plaintiff, Charles Lewis Moore, Sr., brings this civil action under 42 U.S.C. § 1983 against the defendants, officials at the James River Correctional Center and members of the Virginia Probation and Parole Board, in their individual and official capacities, for alleged deprivations of his rights as secured by the Fourteenth Amendment to the United States Constitution. Plaintif...
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OPINION AND ORDER The plaintiff in this case seeks a declaratory judgment that the Washington Dissolution of Marriage Act, RCW 26.09 (the Dissolution Act), is unconstitutional and further requests an injunctive order preventing defendants from enforcing the Dissolution Act insofar as plaintiff is concerned until this Court has had an opportunity to rule upon the constitutional issues raised in ...
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MEMORANDUM AND ORDER Plaintiff is an Indian tribal organization situated on the Colville Indian Reservation in Eastern Washington. President Grant established the reservation by Presidential Executive Order on July 2, 1872, 1 C. Kappler, Indian Affairs, Laws and Treaties 916 (2d ed. 1904), and it presently encompasses approximately 1.3 million acres of land. The Colville Tribes are govern...
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MEMORANDUM On or about October 10, 1975, the Court received an Order of the United States Court of Appeals to the effect that Mr. Seymour Pollack’s motion in that Court for remand to this Court to consider Mr. Pollack’s motion for new trial was denied without prejudice to Mr. Pollack’s opportunity to make such a motion in this Court. Under the doctrine of Smith v. Pollin, 90 U....
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MEMORANDUM AND ORDER This case, a private antitrust action brought under Section 1 of the Sherman Act, 15 U.S.C. § 1, is now before the court for determination of the defendants’ various motions for summary judgment, and the defendants’ motion to tax costs of the deposition of Robert Busch. Upon review *1312 ing the memoranda filed by the parties, the affidavits and depositio...
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MEMORANDUM This matter comes before this court on plaintiffs’ motion for partial summary judgment and for class action certification. Plaintiffs have filed a six count complaint against Ann Klein, the Commissioner of the Department of Institutions and Agencies of the State of New Jersey, Thomas Riti, Director of the Division of Public Welfare of the State of New Jersey and William Robinson, Sup...
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MEMORANDUM and ORDER This is an action by plaintiff, Gould, a longshoreman, who was injured on June 18, 1973 while participating in unloading a cargo of wheat from a vessel with other fellow longshoremen, all employees of the stevedore, Great Lakes Associates, Inc. (“Great Lakes”), third-party defendant. The vessel was docked in the port of the City of Buffalo, N. Y., at the grain elevato...
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OPINION Plaintiff, a state prisoner, brings this action pursuant to 42 U.S.C. § 1983 to redress alleged deprivations of his constitutional rights. The defendants, the superintendent of the Green Haven Correctional Facility and officers of both that facility and the Matteawan State Hospital, have moved for summary judgment in their favor on each of the claims set forth in the complaint. Fo...
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MEMORANDUM Plaintiff Shamin Ibrahim, a citizen of Guyana, moves by order to show cause to enjoin defendants, officials of the United States Immigration and Naturalization Service (“INS”), from deporting plaintiff from the United States pending determination of his claim for a declaratory judgment that defendants’ “denial of plaintiff’s application for permission to change his course of study and ...
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MEMORANDUM DECISION Application by Greeff Fabrics, Inc. (“Greeff”), plaintiff herein, for a preliminary injunction enjoining defendant Malden Mills Industries, Inc. (“Malden”), pending final determination of this action from manufacturing, converting, selling or distributing textiles bearing a reproduction of the copyrighted work of art known as “58710-13 Contemplation” is denied. Jurisdi...
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410 F.Supp. 618 (1976) Rev. John J. CAULFIELD, Pastor, St. Athanasius Church, et al., Plaintiffs, v. Peter W. HIRSCH, Regional Director For the Fourth Region, National Labor Relations Board, Defendant. Civ. A. No. 76-279. United States District Court, E. D. Pennsylvania. April 13, 1976. *619 William B. Ball, Harrisburg, Pa., for Rev. John J. Caulfield and Rev. Thomas A. Kane. James E. Gallagher, ...
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MEMORANDUM AND ORDER Mr. Sol claims that his employment with the defendant I.N.A. Insurance Company (INA) was terminated for racial reasons, in violation of Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e et seq. Plaintiff’s claim was first presented to the Philadelphia Regional Office of the Equal Employment Opportunity Commission (EEOC), and after a full investigation, that agency...
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MEMORANDUM This is an action brought pursuant to the Freedom of Information Act (FOIA), 5 U.S.C.A. § 552, to compel the defendant agency to divulge certain information pending a hearing before the Agency, and to enjoin the hearing until such time as the plaintiff has been able to review the information to be obtained. Jurisdiction of the Court is asserted under 5 U.S.C.A. § 552(a)(3) and ...
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MEMORANDUM and ORDER This is an action whereby the plaintiff named above seeks to recover compensatory and punitive damages from both or each of the principal defendants, all as a consequence of the alleged publication of certain oral and written statements that are claimed to be slanderous and libelous, respectively. The accused defendants have filed a third-party complaint seeking judgment agai...
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DECISION Plaintiff seeks to recover statutory damages and costs of litigation, including reasonable attorney’s fees, alleging violations of the Truth-in-Lending provision of the Federal Consumer Credit Protection Act (Act), 15 U.S.C.A. §§ 1601-1641, and Federal Reserve Regulation Z (Regulation Z), 12 C.F.R. 226, arising from the assignment of a retail installment contract to defendant Ban...
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MEMORANDUM AND ORDER On March 31, 1972, while patronizing the Bolling Air Force Base Non-Commissioned Officer’s Club (the Club), Mrs. Ruth College sat on a bar stool which collapsed under her weight. The resulting fall caused an injury to her hip. She was taken to the Malcolm Grow United States Air Force Medical Center, Andrews Air Force Base (the Medical Center), where her injury was diagnosed...
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MEMORANDUM OPINION The defendant is charged in an indictment dated December 3, 1974, with three counts of perjury in violation of 18 U.S.C. § 1623. The first two counts relate to testimony that the defendant gave at a Special Grand Jury session on September 27, 1972. The third count relates to testimony that the defendant gave at a Special Grand Jury session on May 10, 1973. The defendant has m...
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MEMORANDUM AND ORDER This matter is before the Court upon defendant’s motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. This is an action brought under Title VII of the Civil Rights Act of 1964, as amended; 42 U.S.C. § 2000e-2. Plaintiff complains that he was discriminated against on the basis of sex due to defendant’s grooming standards for employees, which ...
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MEMORANDUM AND ORDER This bankruptcy appeal presents several questions concerning the propriety of the Bankruptcy Court’s order exempting an action on an alleged joint obligation against the bankrupt and his wife from automatic stay and postponing discharge of the bankrupt’s debts pending completion of the action in state court. Appellant Martin C. Magee, the bankrupt, noticed an appeal from two o...
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MEMORANDUM OPINION AND ORDER The original complaint in this case, filed November 22, 1974, asserted a cause of action pursuant to the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., as amended by the Equal Pay Act, 77 Stat. 56. Plaintiff maintained that during her period of employment by defendant, defendant discriminated against her on the basis of sex by paying her wages at rates lower ...
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MEMORANDUM OPINION Plaintiff has moved for an order pursuant to Rule 23(c)(1), Fed.R.Civ.P., declaring that this action may be maintained as a class action on behalf of all individuals who purchased the common stock of Lum’s, Inc., on January 9,1970. For the reasons set out below, this motion is granted. The plaintiff himself purchased 100 shares of the common stock of Lum’s on January 9, 1970 at ...
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This action was filed on April 18, 1975, falling by lot to the docket of Judge Luther B. Eubanks. The rules of the Court regarding assignment of new cases provide that they shall be assigned by lot to the Judges of the Court so that no one can ascertain in advance of filing to which Judge the case will be assigned. In further compliance with the rules of the Court, the action was transferr...
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ORDER Defendant Larry French on March 22, 1976 filed a Motion To Suppress in which he seeks to suppress evidence seized pursuant to a search warrant issued October 16, 1975 to search the Gallman farm. In said Motion he urges that the Search in Question was conducted by Federal Officers and same was not conducted in conformance with Federal law. In particular, he urges: (1) that the search warrant...
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ORDER This cause comes before the court on defendant’s Motion for Summary Judgment and/or Motion to Dismiss. The plaintiff is a prisoner incarcerated by the State of Oklahoma at the Enid Community Treatment Center, Enid, Oklahoma. He seeks relief under 42 U.S.C. § 1983 and 28 U.S.C. § 1343 for deprivation, under color of state law, of rights allegedly secured by the federal Constitution. Both...
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Upon reconsideration of its Order dated March 23, 1976, striking as untimely filed defendant’s Notice of Appeal dated March 16, 1976, it appears the defendant may have presented an earlier Notice of Appeal which was inadvertently misdirected to the clerk of the United States District Court for the Eastern District of Oklahoma. In the interest of justice and to relieve the defendant of any possible...
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MEMORANDUM OPINION In this action Plaintiff seeks reversal of a Civil Service Commission (CSC) Order affirming a Federal Aviation Administration (FAA) decision denying Plaintiff’s application to have his job classification upgraded to GS-12 from GS-11. Defendants object to the Court’s jurisdiction. However, it appears that jurisdiction is proper under the Administrative Procedure Act (APA), 5...
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FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER This antitrust ease was tried before the court without a jury, at Greenville, South Carolina, on March 26, 1976. Plaintiff’s amended complaint alleged certain violations of the Sherman Antitrust Act, 15 U.S.C., § 1 et seq. 1 Defendant’s answer to the amended complaint denied the essential allegations of the amended...
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OPINION This case is presented on Plaintiffs’ Motion for Summary Judgment and is an action to recover income taxes paid in the years 1968 through 1971. Plaintiffs are trustees of six trusts created in 1952 for the benefit of six grandchildren of Mrs. W. W. Caruth and sue on behalf of each trust. The facts and questions of law presented are identical for each trust and arise from the sale ...
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OPINION AND ORDER This case poses the problem — what is just compensation for the taking by condemnation of a one-year lease with options to renew for four additional years on lands which, except for the purposes of the taking, are almost useless? The background out of which the problem arises is as follows: *630The United States established the Chocolate Mountain Aerial Gunnery Range during World...
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OPINION AND PRELIMINARY INJUNCTION This cause, commenced under 42 U.S.C., Sec. 1983 (1970), and 28 U.S.C., Secs. 1331; 1343(3), (4); 1651; 2201 and 2202, is before the Court on plaintiff’s Motion For A Preliminary Injunction. After a hearing on the motion, as well as a subsequent supplementary hearing to update the Court’s evidentiary basis concerning plaintiff’s status, the Court makes t...
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Defendant, a resident of Chicago, Illinois, was personally served in that city with a copy of the complaint in this diversity action in which plaintiff seeks to recover damages for personal injuries suffered as a result of an automobile collision involving the two litigants. The parties have stipulated that, on the date of the collision, defendant was a resident of Georgia. Defendant’s motion t...
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ORDER This is a diversity action brought by the plaintiff to recover for injuries suffered while he was operating a “folder gluer” machine manufactured by defendant, Ward Machinery Company (Ward). Plaintiff also joined Allen Bradley Company, the manufacturer of a control button on the machine. The matter before the Court is Allen Bradley’s motion to dismiss plaintiff’s claim and Ward’s th...
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MEMORANDUM AND ORDER This matter is before the Court on a petition for writ of habeas corpus. Petitioner Francis A. Vitello was convicted of various violations of the gambling laws of the Commonwealth and sentenced to prison. These convictions were upheld by the Supreme Judicial Court, Commonwealth v. Vi*27tello, 1975 Mass., 327 N.E.2d 819. Vitello bases his present attack upon a narrow aspect of ...
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The defendant moves for an order, pursuant to Rule 56 of the Federal Rules of Civil Procedure, for summary judgment, dismissing the plaintiff’s complaint. The plaintiff alleges that he was an employee of the movant, hired during April, 1970 and that he was to receive a fixed weekly salary together with an annual bonus, based upon performance. A bonus agreement was arrived at during the year 1972. ...
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ORDER This action came on to be heard upon the first report of the Special Master, no objections thereto having been filed by any of the parties within the time heretofore fixed by the Court for the filing of same, and the Court being fully advised in the premises, it is ordered that the report is in all respects confirmed. Said report is attached hereto as Appendix B, incorporated herein...
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MEMORANDUM OPINION AND ORDER The plaintiffs seek judicial review of an administrative determination approving a will and ordering distribution of the estate in accordance therewith. Defendant moves for summary judgment on the ground that the plaintiffs are not entitled to judicial review because they have failed to exhaust their administrative remedies. The following are the pertinent facts. The ...
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MEMORANDUM AND ORDER These medical malpractice actions resulted in a verdict for defendant after a consolidated jury trial lasting nine days. Presently before the Court is plaintiff’s motion for a new trial. For the reasons stated below, the motion will be denied. Our decision rests heavily upon the particular facts of this case and, therefore, some detail is necessary in their exposition. At the ...
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MEMORANDUM OPINION AND ORDER David Eugene Liska has filed a petition for writ of error coram nobis, seeking to vacate a plea of guilty entered on May 5, 1947, in United States of America v. David Eugene Liska, Case No. 486 Crim.S (E.D.Wis.). In support of his petition, Liska asserts that his Sixth Amendment right to the assistance of counsel was not knowingly, intelligently, or freely waived,...
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The above-styled cause was heard by the Court without a jury and taken under submission on the 2nd day of February 1976. After hearing the evidence, examining the exhibits, the pleadings, the stipulations and arguments of counsel, the Court makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. Plaintiff Creole Shipping, Ltd., owner of the M/V PYRAMID VETERAN...
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This matter is now before the Court on defendant District of Columbia’s Motion To Dismiss Or, In The Alternative, For Summary Judgment, and plaintiff’s opposition thereto. In this action plaintiff seeks declaratory, injunctive, and monetary relief from seven defendants for what is alleged to be illegal arrest and detention in violation of plaintiff’s constitutional rights. Plaintiff also seeks to...
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MEMORANDUM OPINION Motion for Preliminary Injunction On March 12, 1976, Electri-Flex Company, a respondent in an unfair labor practice proceeding before the National Labor Relations Board (“the Board”), brought this action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, and invoking this Court’s jurisdiction pursuant to 5 U.S.C. § 552(a)(4)(B), seeking to obtain co...
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MEMORANDUM OPINION This action was filed by the plaintiff to review an adverse decision by an arbitration board. The board, Special Board of Adjustment No. 570, was established by agreement pursuant to Section 3 Second, First Paragraph of the Railway Labor Act, 45 U.S.C. § 153 Second, First Paragraph. The defendant System Federation Number One (Union) contends that under the Seventh Circuit’s opi...
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ORDER These cases came on for hearing in chambers February 26, 1976 on cross motions for summary judgment. The plaintiff railroads were represented by Jerry P. Alt and Jerry E. Williams. James E. Cooney represented the defendant shipper. The Court has examined the motion papers and the files and holds that the defendant’s motion for summary judgment must be granted. It is not clear whether the ta...
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In this case, the plaintiff, Mrs. Frania Tye Lee, seeks to be recognized as the putative wife of the deceased Mr. H. L. Hunt, and as such to be declared to be the owner of one-half of all property acquired during the existence of the alleged putative marriage. The defendant, Ray Lee Hunt, as Executor of the Estate of H. L. Hunt, moves the Court to dismiss this suit for lack of jurisdiction or a...
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• This matter comes before the Court upon the motion of defendants for summary judgment [Filing # 11] subsequent to the submission of briefs and a hearing before the Court on March 23, 1976. The question presented is whether a sheriff and private persons who evict persons allegedly without due process of law pursuant to court order are immune from a suit for damages under 42 U.S.C. § 1983, the ...
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MEMORANDUM By order granting leave to do so under 28 U.S.C. § 1915(a), Ruth has been allowed to file a complaint in forma pauperis. On review of the complaint, order to show cause and affidavit in support of the complaint, the court is satisfied that the action is frivolous, and so it will be dismissed as authorized by 28 U.S.C. § 1915(d). The reasons for this determination are set out here. ...
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OPINION Plaintiffs and intervenors have filed a motion, pursuant to Fed.R.Civ.P. 54(b), seeking the entry of final judgment as to certain claims adjudicated by this court in its decision of November 19, 1975, 404 F.Supp. 815. That opinion, which contains a recitation of the facts, granted partial summary judgment to the commonwealth defendants. Plaintiffs have submitted an order certifyin...
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MEMORANDUM DECISION This is a motion pursuant to Rules 12(b)(1) and (6), of the Federal Rules of Civil Procedure, for judgment dismissing the counterclaims brought by defendant Dynamic Export Corporation [“Dynamic”] and H. Mottahedan & Company [“HMC”], additional plaintiff on the counterclaims. The fifth, sixth and seventh counterclaims are dismissed as to HMC; in all other respects the motion is...
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SUR PLEADINGS AND PROOF This matter is before me on the application of Leroy Thompson to hold Ronald Marks, ' Julius Cuyler and Charles Batdorf in contempt of a Consent Order entered December 3, 1974, and seeking an award of damages against each. Hearing was held on the application on May 19, 1975. 1 From pleadings and proof, I make the following FINDINGS OF FACT 1. P...
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410 F.Supp. 602 (1976) Stanley CHASE v. Mary GROFF and the Fidelity Bank, Executors of the Estate of Dr. Robert A. Groff and The Trustees of the University of Pennsylvania. Civ. A. No. 74-2205. United States District Court, E. D. Pennsylvania. April 8, 1976. *603 Lawrence Elliot Hirsch, Stuart Jeffrey Schatz, Philadelphia, Pa., for plaintiff. William T. Campbell, Jr., Swartz, Campbell & Detwe...
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OPINION Attempting to invoke the jurisdiction of this court under alternative diversity of citizenship and civil rights theories, plaintiff seeks to have set aside a state court order awarding custody of his minor daughter to his estranged wife. Defendant has moved to dismiss the complaint on grounds of insufficient service of process, absence of personal and subject matter jurisdiction, ...
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MEMORANDUM DECISION This memorandum addresses motions to dismiss for lack of jurisdiction filed by six named defendants charged by separate indictments.1 All parties agree that the sole issue raised by the motions to dismiss is whether the Act of February 14, 1913, c. 54, 37 Stat. 675, terminated and returned to the public domain all unallotted land embraced within the eastern portion of the Stand...
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DECISION AND ORDER The complaint in this case alleges a cause of action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. The defendant has answered and moved for the entry of judgment on the pleadings. For the reasons hereinafter stated, that motion must be denied. The complaint was filed on March 26, 1975, and alleges that “on or about February 1, 1971, the defendant laid o...
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ORDER OF COURT This is an action under the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621 et seq. (the Age Act). The action is brought by Henry H. Murphy against American Motors Sales Corporation for back pay, liquidated damages, punitive damages, and costs. Plaintiff further seeks to enjoin defendant from denying employment to individuals within the age group protected by...
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ORDER Before the Court are plaintiff’s Motion for Leave to Amend Complaint and defendant’s Motion to Dismiss. Plaintiff seeks leave to amend his original complaint by adding a second count. However, leave to amend is not required since the defendant has not yet filed an answer to the complaint, but has filed only a Motion to Dismiss. Until an answer has been filed a plaintiff can ame...
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MEMORANDUM OPINION This case was brought by employees of the Illinois Bureau of Employment Security of the Illinois Department of Labor. The plaintiffs represent themselves and all other employees of the Bureau and allege that the defendant state officials and defendant state departments failed to follow procedures mandated by the United States Department of Labor in 45 CFR Part 70 for state ag...
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MEMORANDUM AND ORDER This action stems from a claim for disability insurance benefits under the Social Security Act, 42 U.S.C. § 401 et seq., made by plaintiff Powers. Plaintiff Muenich, an attorney, represented plaintiff Powers for that claim. Mr. Powers received an award of benefits in the amount of $7,117.60 in past-due benefits of which 25% ($1,779.40) was withheld as a fund for payment of ...
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ORDER Petitioner has filed a petition for a writ of habeas corpus. He challenges the constitutionality of NRS 178.484(3) which grants a sheriff or chief of police the discretion of releasing, without bail, a person who has been arrested and charged with a misdemeanor provided that person has had no prior convictions. Petitioner alleges that he has had no prior conviction, that he was charged wi...
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This is an action for trademark infringement. 1 Plaintiff, McNeil Laboratories, Inc. (“McNeil”), is a Pennsylvania corporation. Defendant is American Home Products Corporation (“AHP”), which is organized under the laws of Delaware and has its principal place of business in New York City, New York. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1338. The case currently ...
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OPINION Plaintiffs commenced this action for a judgment declaring unconstitutional the New York State Education Law, section 6524(6), and the rules and regulations promulgated thereunder which (1) require that a physician, to be licensed to practice medicine in the state, must be either a citizen of the United States or file a declaration of intent to become a citizen, and (2) terminate a...
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410 F.Supp. 1160 (1976) Marshall TERKEL t/d/b/a Executive Business Systems and Executive Financial Systems, Plaintiffs, v. HEARTH ROOMS, INC., an Ohio Corporation, et al., Defendants. Civ. A. No. 75-255. United States District Court, W. D. Pennsylvania. April 7, 1976. *1161 Mark Glosser, Pittsburgh, Pa., for plaintiffs. J. Chris Soich, Pittsburgh, Pa., for defendants. OPINION GOURLEY, Senior Dis...
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OPINION AND ORDER The case at bar entails a cargo claim against a common carrier, Sea Land Service, Inc., instituted by a consignee, Caribbean Produce Exchange, Inc. Caribbean Produce Exchange, Inc. shipped six trailers of tomatoes from Oakland, California, to San Juan, Puerto Rico, aboard Defendant’s vessels and using Defendant’s refrigerated vans. Said trailers were shipped on diff...
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MEMORANDUM and ORDER Sitting by Designation. This is an action for fraudulent inducement to breach a contract, tortious interference with a business relationship, and violation of the federal antitrust laws. Jurisdiction lies pursuant to 28 U.S.C. §§ 1332 and 1337. The case came on for trial before a jury, and for three and one-half days plaintiffs presented their evidence in the for...
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MEMORANDUM AND ORDER This summary judgment motion asks the Court to determine whether the Defendant United Association’s constitution provides for such far-reaching control of local unions that the locals, in essence, are not autonomous, but are subdivisions of the International. Plaintiff, F. A. Villalba & Company, brings this suit under Section 303 of the Labor Management Relations Act, 29 U.S....
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MEMORANDUM The plaintiff, Saad El Amin (JeRoyd X. Greene), brings this action for declaratory and injunctive relief against the defendants for allegedly violating and conspiring to violate his constitutional rights. More specifically, the plaintiff alleges that the defendants, in investigating and hearing charges of professional misconduct lodged against him in his capacity as an attorney...
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This is an action brought by WANV Radio Station located in Waynesboro, Virginia against the owner and operator of a nearby Radio Station, WTON. The defendant has filed a motion to dismiss pursuant to Federal Rule 12(b)(1) for lack of subject matter jurisdiction and Federal Rule 12(b)(6) for failure to state a claim upon which relief can be granted. The sole question to be decided by this court is ...
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MEMORANDUM OPINION I. INTRODUCTION AND BACKGROUND On July 3, 1973, this Court entered an order to compel defendants to implement the Farmers Home Administration’s interest credit loan program, pursuant to Section 521 of Title V of the Housing Act of 1949, 42 U.S.C. § 1490a. In its accompanying Memorandum Opinion, reported at 361 F.Supp. 1320, this Court held that for the defendants to certify...
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This is an action under 28 U.S.C. §§ 1336(a), 2321-2325 1 to suspend, annul, or set aside the report and order of the Interstate Commerce Commission (ICC or Commission) in Ex Parte No. 137, Contracts for Protective Services, 318 I.C.C. 111, decided August 27, 1962 (1962 Order). *1127 I. INTRODUCTION A. Parties and Contentions Plaintiffs are ...
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ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT. I The July, 1974, issue of Playboy Magaziné contained an article, entitled “Playboy’s History of Organized Crime”, in which the following paragraph appears: “Watching Fitzsimmons and Nixon that morning, a California investigator shook his head in dismay. T can stand crooks,’ he said, ‘but it bothers the hell out of me when a guy ...
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MEMORANDUM DECISION AND ORDER DENYING MOTIONS FOR NEW TRIAL, JUDGMENTS NOTWITHSTANDING THE VERDICT, AND TO AMEND THE JUDGMENTS On February 20, 1972, a Sun Valley Airlines, Inc. regularly-scheduled flight from Hailey, Idaho, to Boise, Idaho, crashed. The president of the airline and pilot, Rolland Smith, the chief mechanic, Otto Carlton, and passengers Harold McCabe, Lynn Reidy and Lisa Me...
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MEMORANDUM DECISION The defendants’ motion to dismiss this action for lack of subject matter jurisdic *795 tion presents a single issue: whether the citizenship of a business trust for the purposes of diversity is determined by the citizenship of its trustees or its individual shareholders. The plaintiffs, the trustees of First Pennsylvania Mortgage Trust, urge us to adopt th...
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MEMORANDUM This memorandum is occasioned by the motion of Robert L. Brueck, president of MRI Systems Corporation and a nonparty in this antitrust litigation, for an order quashing or modifying or alternatively providing protection against a subpoena duces tecum served upon him by defendant International Business Machines Corporation [hereinafter referred to as IBM] on December 23, 1975. Preliminar...
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MEMORANDUM AND ORDER This is a private antitrust action in which the plaintiff, Harlem River Consumers Cooperative, Inc. (the Co-op) sued forty-three individual and corporate defendants from various parts of the food industry charging them with engaging in a massive conspiracy to drive the Co-op out of business in violation of Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2, and the New Yor...
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OPINION Plaintiff, now confined to the Metropolitan Correctional Center in this district, pursuant to a judgment of conviction for mail fraud entered upon his plea of guilty in 1970 in the District Court for the Central District of California, moves pursuant to 28 U.S.C., section 2255, to vacate and set aside the judgment of conviction, or in the alternative that the sentence be reduced. He also r...
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MEMORANDUM In an indictment filed August 4, 1975, (S75 Cr. 772), defendant Virgil Alessi is charged in five substantive counts with the transportation, distribution and possession of large amounts of heroin in violation of 21 U.S.C. §§ 173, 174, 841(a)(1), 841(b)(1)(A) and 18 U.S.C. § 2. Alessi is also named as an unindicted co-conspirator in Count 1 of the indictment which charges Lawrence Iaros...
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OPINION This matter is before the Court to consider plaintiff’s motion for summary judgm- it and defendants’ motion to dismiss. The issues controlling resolution of these motions were discussed at a hearing held in this matter on February 2, 1976, a transcript of which is on file, and have been the subject of further *130 briefing by the litigants. Aside from the class action...
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On March 5, 1976, defendant Ford Motor Company (hereinafter Ford) filed in this court its motion for an order dismissing the suit (1) for lack of jurisdiction; 1 and (2) because a similar suit, based upon an identical cause or causes of action has been filed against Charleston Lincoln Mercury, Inc., in the Court of Common Pleas for Charleston County, South Carolina. Defendant relies ...
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MEMORANDUM This action is presently before the court on the motion of defendant Commerce Union Bank (C.U.B.) for Partial Summary Judgment as to certain sums which it alleges by way of counterclaim to be due and owing from plaintiff, American Training Services, Inc. (A.T.S.). The plaintiff is a New Jersey corporation engaged in the business of providing vocational training on a contra...
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OPINION Upon consideration of all of the Briefs, Reply Briefs, Supplemental Briefs, Memoranda, and Oral Arguments concerning plaintiffs’ motion to remand, the Court is convinced that this case was removed improvidently from the State Courts and that the Federal District Court is without jurisdiction to hear it. In accordance with Title 28, U.S.Code, Section 1447(c), this case must be rema...
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MEMORANDUM This matter is before the Court on a claim by the individual plaintiffs against the defendants for personal injuries allegedly suffered as a result of contact with chemical components involved in the production of a chemical substance sold under the trade name of Kepone. Plaintiffs are all citizens of the Commonwealth of Virginia. Defendant Allied Chemical Corporation (hereinaf...
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MEMORANDUM Charles Dickens began A TALE OF TWO CITIES with the phrase: “It was the best of times * * *.” Obviously he could not see the better times to come, particularly in 1964 when a benevolent United States Congress would pass the Criminal Justice Act, which provides for Government-paid counsel to defendants in the Federal courts who are financially unable to obtain counsel. The appropriation ...
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DECISION FOR DEFENDANT UNITED STATES OF AMERICA This matter came on originally for hearing on Tuesday, March 2,1976, at 9:30 a. m., before the Honorable A. Andrew Hauk, United States District Judge, on cross-motions for summary judgment offered by both the plaintiff and the defendant upon the issues of tort duties, if any, owed by the Government to the plaintiff and the negligence, if any...
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RULING ON MOTION FOR RELEASE ON BOND Ollie Morgan has filed a petition for a writ of habeas corpus, seeking review in this court of his 1973 conviction of first degree rape, after a jury trial in the Connecticut state courts. The conviction wqs recently affirmed by the Connecticut Supreme Court. State v. Morgan, Conn., - A.2d -, 37 Conn.L.J. No. 30, at 1 (1976). Petitioner was released on a $25,00...
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ORDER This matter came on for hearing before the Court on February 6,1976 on defendant landowner’s objections to the report of the land commissioners. The landowner was represented by J. Rudolph Hansen. The United States was represented by James R. Rosenbaum. The Court has reviewed the file in the case and has examined the briefs of counsel. It is the Court’s holding that the commission’s determi...
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The plaintiffs are graduates of Southern University Law School who took and failed the July 1974 Louisiana Bar Ex- *1094 animation. 1 After they were notified of their failure by the Committee on Bar Admissions of the Louisiana State Bar Association 2 the plaintiffs requested a hearing to review their examination papers. They were informed by Edward F. Wegmann, Chairman of the Committee on ...
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MEMORANDUM AND ORDER This case is before this Court on appeal from the .Order and Judgment of the Bankruptcy Judge entered on August 20, 1975 and August 25, 1975 following a trial to determine the dischargeability of a debt owed by the bankrupt. Judgment of nondischargeability was entered in favor of the plaintiff for $5,000.00. On September 18, 1975, pursuant to Rule 807 of the Bankruptcy Rules,...
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OPINION Plaintiff has moved for an order, pursuant to 5 U.S.C. § 552(a)(4)(E), assessing against the defendants attorneys’ fees and litigation costs incurred by the plaintiff. The motion is denied, and the action is hereby dismissed as moot. FACTS This action was brought under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552(a)(4)(B), to obtain disclosure of certain r...
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MEMORANDUM and ORDER The defendants, Kiskiel, move for an order dismissing the complaint, pursuant to Rule 4(f) of the Federal Rules of Civil Procedure, or, in the alternative, transferring this case to Connecticut. The movants further contend that the action is time barred. The co-defendants join in this motion. This is a personal injury action. The plaintiffs are citizens of the State of New Yo...
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MEMORANDUM OPINION AND ORDER Plaintiff Mathew J. Jackson, a Negro, initiated this action under 42 U.S.C. §§ 1981 and 1983 and the Fourteenth Amendment to redress alleged racial discrimination resulting in his discharge from the employ of defendant The City of Akron, Ohio (hereinafter Akron). The case having been tried to the Court on February 11, 12, 13 and 17, 1976, the following shall constit...
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MEMORANDUM AND ORDER This action presents a wide-ranging attack upon the Ohio system of education and/or training for mentally handicapped school-age children. Plaintiffs have asserted constitutional challenges to the statutes and regulations pertinent thereto on two grounds. It is alleged that the retarded are denied equal protection in that they are not afforded educational or training opportun...
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MEMORANDUM AND ORDER Defendant Charles F. G. Smith was 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. After a jury trial, Smith was found guilty as to both counts. Presently before the Court are Smith’s motions for arrest of jud...
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OPINION AND ORDER In Count I it is alleged that on a certain date in Kentucky defendant “did cause to be deposited in an authorized depository for mail matter, to be sent and delivered by the. United States Postal Service,” a threatening letter addressed to a person in Wisconsin. In Count II it is alleged that on a certain date in Indiana defendant “did cause to be deposited in an authorized depos...
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ORDER This cause is now before the Court on Defendant Allstate’s motion filed herein March 12, 1976, to amend pretrial order; on Plaintiff’s motion for protective order filed herein March 31, 1976; and on Plaintiff’s motion filed herein April 1, 1976, to certify questions to the Supreme Court of Alabama. Plaintiff filed suit against his “uninsured motorist” insurance carrier after having obtained ...
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MEMORANDUM OF OPINION Plaintiff brought this action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et seq., alleging discrimination in employment on the basis of sex. Plaintiff seeks compensatory and punitive damages, as well as declaratory and injunctive relief. Defendant Dutra Trucking Company (“Dutra”) moved for summary judgment on the ground that no emplo...
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410 F.Supp. 1297 (1976) CHURCH OF SCIENTOLOGY OF CALIFORNIA, a Nonprofit Corporation, Plaintiff, v. UNITED STATES DEPARTMENT OF JUSTICE et al., Defendants. No. CV 74-3550-F. United States District Court, C. D. California. April 2, 1976. *1298 Joel Kreiner, Los Angeles, Cal., Leonard Unger, Levine & Krom, Beverly Hills, Cal., for plaintiff. William D. Keller, U. S. Atty., Frederick M. Brosio, ...
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412 F. Supp. 754 (1976) UNITED STATES of America, Plaintiff, v. BESTLINE PRODUCTS CORPORATION et al., Defendants. No. C-73-0944-CBR. United States District Court, N. D. California. April 2, 1976. *755 *756 *757 *758 James L. Browning, Jr., U. S. Atty., William B. Spohn, San Francisco, Cal., Robert V. Allen, Charles R. McConachie, Dept. of Justice, Washington, D.C., for plaintiff; Henry G. Pons, F...
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ORDER The questions presented in this case, as defined in this court’s order of December 22, 1975, are: (1) Did the court erroneously sentence petitioner in March 1974 under 18 U.S.C. § 4208(a)(2) in ignorance of the parole board’s newly-promulgated guidelines in June 1974, which guidelines acted as an ex post facto law to effectively preclude parole for petitioner prior to his mandatory release ...
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*2 ORDER This action is before the Court on a motion by plaintiff to compel certain post-judgment discovery and on the concomitant motion by defendants for a protective order. On April 25, 1975, plaintiff filed this action against defendants as guarantors of an indebtedness owed plaintiff by Bolton Road Medical Center, a partnership in which defendants were general partners....
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MEMORANDUM ENTRY On February 7, 1972, plaintiff herein, Captain Hobson Cooper, was discharged by his employer, the Transformer Division of Westinghouse, Inc. of Muncie, Indiana. Defendant Westinghouse (the Company) asserts the discharge was the result of an incident which occurred on February 4, 1972, wherein the plaintiff was found asleep inside a large transformer by his foreman during ...
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MEMORANDUM OPINION Plaintiff herein is an Ohio limited partnership operating a shopping center complex in South Bend, Indiana, doing business as Scottsdale Mall. The defendants are the Indiana State Highway Commission (hereinafter ISHC) and its individual members *298 acting for and on behalf of the State of Indiana. See, Ind.Code 1976 §§ 8-13-3-7, 8-13-5-8, 8-13-5-12. T...
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MEMORANDUM On March 19,1976, this Court granted the application of the Department of Justice1 for an order directing New York Telephone Company2 (“Telephone”) to furnish the information, facilities, and technical assistance necessary to enable agents of the Federal Bureau of Investigation (“FBI”) to install “pen registers” on two telephones. The application specified two telephones subscribed to ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The plaintiff is a blind woman who brought this action on behalf of herself and a class of visually handicapped individuals qualified to teach in the public schools of Philadelphia. The plaintiff alleged that the hiring practices of the School District of Philadelphia discriminated against visually handicapped teachers in violation of the equal protection...
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*538 MEMORANDUM OPINION In this private antitrust action plaintiff seeks to recover treble damages from Adolph Coors Company and Cheyenne Beverage, Inc., for alleged violation of 15 U.S.C. §§ 1, 2 and 3 (Sherman Act). The relevant facts as disclosed by the complaint and received at the hearing for injunctive relief are not in dispute and may be summarized as follows: Pl...
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MEMORANDUM OPINION This case is before the Court on plaintiff’s motion for attorneys’ fees, pursuant to 42 U.S.C. § 2000e-5(k). This Court finds that plaintiff is entitled to an award of reasonable attorneys’ fees for the reasons set forth below. I. BACKGROUND On February 15, 1973, plaintiff, Dorothy Parker, filed an administrative complaint with the Office of Education of the D...
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RULING ON MOTION FOR SUMMARY JUDGMENT On October 4, 1972, while she was operating a sewing machine manufactured by the defendant Merrow Machine Company, the plaintiff, Audry Brown, lost one of her eyes when the needle in the machine broke and she was struck by a fragment. The accident occurred at her place of employment in Anniston, Alabama. On October 4, 1973, she and her husband filed s...
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MEMORANDUM OPINION Motion to Remand I. On November 12, 1975, plaintiffs filed this multiple count class action in the Cir *569 cuit Court of Cook County alleging violations by the defendant of the Securities Act of 1933, 15 U.S.C. §§ 77e and 77g, the Securities Exchange Act of 1934, 15 U.S.C. § 78j, Rule 10(b)-5 of the Securities Exchange Commission, 17 C.F.R. §...
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*799DECISION Plaintiff has filed a motion to remand this case to the Circuit Court of Cook County, Illinois where it was originally filed. The motion is resisted by the defendant on the ground that the Complaint in effect alleges a violation of § 10(b) of the Securities Exchange Act and Rule 10b-5 thereunder. If this is such a case, then this court would have exclusive jurisdiction under § 27 of ...
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MEMORANDUM ORDER Plaintiff Bruce Morris commenced this civil action for declaratory, injunctive, and monetary relief on November 24, 1975. Jurisdiction is asserted pursuant to 28 U.S.C. §§ 1331, 1343(3) and 1343(4): The defendants are a former Assistant Ramsey County Attorney (Joseph E. Cartwright), the manager of the Ramsey County Welfare Department [RCWD] fraud unit (Grace M. Colosimo),...
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OPINION AND ORDER The motions for judgments of acquittal made at the close of the Government’s case and at the close of all of the evidence, rulings as to which were reserved, are denied. *1045Defendant was convicted of conducting an illegal gambling business in violation of 18 U.S.C. § 1955. That section requires for conviction proof that the alleged gambling business (i) is a violation of the la...
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MEMORANDUM and ORDER Omaha, Nebraska is on the Missouri River about 20 miles north of the mouth of the Platte, and the same distance east of the westward reach of the Platte. Located as it is at the focal point of inland commerce with the western half of the North American Continent, it naturally has developed into a rail and highway center which serves the agricultural lands that stretch...
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OPINION Plaintiffs instituted this action for damages and rescission arising out of defendants’ alleged violations of sections 5, 12 and 17 of the Securities Act of 1933 (15 U.S.C. §§ 77e, 7 & q) (the “1933 Act”), sections 10(b) and 15(c) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78j(b), o) (the “1934 Act”), Rules 10b — 5 and 15cl — 2 promulgated thereunder by the Securities an...
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MEMORANDUM OPINION AND ORDER Defendants have filed their motion for summary judgment and brief in support thereof alleging as their first proposition that plaintiffs fail to state a claim upon which relief can be granted. Plaintiffs have filed their response brief and defendants’ motion is now at issue and ripe for disposition. Plaintiffs allege that defendants are guilty of unfair labor practice...
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MEMORANDUM AND ORDER Plaintiff is a mechanical subcontractor who contracted via the general contractor to install a system of steam pipes in a multi-purpose coliseum for Washington State University at Pullman, Washington. Defendant is an architectural firm that contracted with the University to design, inspect and to a limited extent, supervise the installation of the Coliseum’s steam pip...
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ORDER This cause is before the court on cross motions for summary judgment filed by the parties. This suit was filed pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, to obtain various documents from officials of the Internal Revenue Service (IRS). The FOIA was amended subsequent to the first hearing on the cross motions for summary judgment. The new amendments becam...
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MEMORANDUM RE PLAINTIFF COPELAND This is a class action alleging sex discrimination. A class of approximately 24 females employed in various branches of the Department of Labor’s Directorate of Data Automation (DDA) has been certified. Plaintiff is the representative of the class. On the eve of trial following extensive discovery and rulings on numerous pretrial motions, a stipulation was pre...
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MEMORANDUM OPINION AND ORDER In these consolidated cases, Plaintiffs challenge the decision made by the Federal Government to accelerate the oil and gas leasing program on the Outer Continental Shelf, particularly the first sale under that program (Sale 35) which occurred December 11, 1975, and involved oil leasing off the coast of Southern California. The actions were filed in late Novem...
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OPINION Presently before the Court for decision is a motion by International Telephone & Telegraph (“ITT”) which seeks to intervene as a party-plaintiff pursuant to F.R.Civ.Proc. 24. ITT’s motion is phrased in the alternative,1 urging that ITT is entitled to intervene as a matter of right under Rule 24(a) or permissively under Rule 24(b). The United States opposes intervention under either branch...
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ORDER This action is before the court on the plaintiffs’ motion to remand the case to the Fulton Superior Court. On June 9, 1975, the United States filed a motion for civil contempt and supplemental relief against Northside Realty Associates, Inc. [hereinafter referred to as “Northside”] and Ed A. Isakson in Civil No. 13932 alleging that these defendants had violated the terms of a permanent in...
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410 F.Supp. 299 (1976) Ronald B. BARON, Plaintiff, v. Georgia S. CARSON, Individually and as President of the North Shore Mental Health Association and member of the Executive Committee thereof, et al., Defendants. No. 76 C 16. United States District Court, N. D. Illinois, E. D. March 31, 1976. Albert Brooks Friedman, Chicago, Ill., for plaintiff. Stuart Bernstein, Susan S. Sher, Mayer, Brown &am...
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OPINION This matter comes before the Court on the United States Railway Association’s (hereinafter referred to as “USRA”) petition for an Order for Identification of Cash and Other Current assets pursuant to Section 211(h)(3) of the Regional Rail Reorganization Act of 1973, as amended, 45 U.S.C. § 721(h)(3). See Order No. 816. A hearing was held on March 23, 1976. Decision was reserved. The Court...
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This is the final stage of litigation in these two consolidated cases involving National Maritime Union of America (“NMU”), Commerce Tankers Corporation, and Vantage Steamship Corp. The remaining matters to be covered relate to the counterclaims of Commerce against NMU in 71 Civ. 582 and the claims of Vantage against NMU in 72 Civ. 4619. These matters have been tried by the court without a jury...
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OPINION AND ORDER Defendants move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure on the ground that plaintiff’s complaint “fails to state a cause of action”. Technically, such a motion would lie under Rule 12(b)(6) and would seek an order of dismissal for “failure to state a claim upon which relief can be granted”, but in view of the fact that defendants have...
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ENDORSEMENT Kuno Sponholz sues Bernadette Stanislaus, a performer, for $10,000. in commissions allegedly due under a personal management contract. (Summons and Indorsed Complaint annexed to the Beane Affidavit, Dec. 19, 1975) The action was commenced in the Civil Court of the City of New York, but Stanislaus, a California resident, removed the case to this Court pursuant to 28 U.S.C. § 14...
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OPINION Plaintiff insurers, fearing themselves exposed to multiple liability under an insurance policy, filed this statutory inter-pleader action under 28 U.S.C. § 1335. Pursuant to 28 U.S.C. § 2361, they have moved to enjoin all actions, both pending *206 and future, against them on account of the policy and to require all potential claimants to come here to litigate their r...
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The plaintiffs move for judgment on the pleadings or, in the alternative, summary *558 judgment, dismissing the defendants’ sixth and seventh 1 affirmative defenses and second and third counterclaims. This action arises out of efforts by the actor George C. Scott, an additional defendant to the counterclaims, to utilize a novel plan to distribute “The Savage Is Loos...
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OPINION This application for allowance of counsel fees was deferred pending the filing and allowance of claims by shareholders on whose behalf the action was commenced. Familiarity is assumed with the terms of the settlement, which were approved by this court after due notice to interested parties.1 The gross amount of the settlement fund represented $0.27 per outstanding Armour share as of the da...
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OPINION Plaintiffs move this Court for an order adjudging defendant in contempt for violation of a preliminary injunction. Plaintiffs, Cle-Ware Rayco, Inc. and FDI, Inc., are owners of the trademark and servicemark “Rayco.” Defendant, Bruce J. Perlstein, is a former franchisee of plaintiffs. This Court issued a preliminary injunction ordering Perlstein to deliver all Rayco signs, stationery, labe...
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Defendant International Typographical Union Local # 315 (“Local 315”) moves for an order, pursuant to Rule 12(c), Fed.R.Civ.P., dismissing the complaint in this action, or, in the alternative, for an order pursuant to Rule 56, Fed.R.Civ.P., for summary judgment in its favor. Plaintiff Edwin S. Baldwin (“Baldwin”) and defendant Poughkeepsie Newspapers, Inc. (“Newspapers”) each move for summary judg...
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ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT The plaintiff herein has filed a motion for partial summary judgment seeking to establish in her favor the issue of the liability of the defendants on the grounds that said issue has previously been fully adjudicated against the defendants. The plaintiff has attached to her motion various documents in support of her motion. The parties hav...
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MEMORANDUM AND ORDER Presently before the Court are the defendant’s motions for a Judgment of Acquittal and/or for a New Trial. On July 14, 1975, the jury returned a verdict of guilty to all five counts of the indictment charging the defendant in Count I with conspiracy to distribute heroin, in Counts II, III and IV with distribution of heroin, and in Count V with possession with intent to distri...
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MEMORANDUM OPINION AND ORDER This is a contract action for the recovery of $28,832.00 with interest from April 1, 1974, for the sale by the plaintiff of a Lull Diesel High Lift 400-34 to the defendant on the above date. This action was tried without a jury and after carefully considering the evidence and arguments presented by both sides, the Court has determined that it will grant the relief r...
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MEMORANDUM AND ORDER Pending before the Court is plaintiff’s motion for preliminary injunctive relief against certain named individuals and certain corporations licensed to conduct horse racing activities in the State of Pennsylvania. At a hearing on said motion, the parties stipulated to many of the facts underlying this controversy. Also pending before the Court is a motion filed jointly on b...
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MEMORANDUM This action for damages for alleged breach of contract was instituted by a praecipe to the Court of Common Pleas of Chester County for a writ of foreign attachment on March 14, 1975. Penna. Rules of Civil Procedure 1251 — 1279. Service of the writ and complaint was made on Oxford Manufacturing Company, Inc., garnishee. The complaint was filed on March 19, 1975. The action was r...
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MEMORANDUM OPINION AND ORDER Before the Court is the Government’s petition to enforce internal revenue summons issued pursuant to 26 U.S.C. § 7402(b) in aid of an investigation into the tax liabilities of one Nathan Berlant for the years 1971 through 1974, inclusive. The summons, served upon the respondent, in his capacity as Prothonotary of the Court of Common Pleas for Philadelphia Coun...
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412 F. Supp. 270 (1976) James Edward WALNORCH, Plaintiff, v. Mr. McMONAGLE et al., Defendants. James Edward WALNORCH, Plaintiff, v. Joseph F. MAZURKIEWICZ et al., Defendants. Civ. A. Nos. 75-79 and 74-2489. United States District Court, E. D. Pennsylvania. March 31, 1976. *271 *272 Janet Parrish, Thomas D. Panebianco, Indigent Prisoner Litigation Program, University of Pennsylvania Law School, De...
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OPINION This is a civil action brought by the plaintiff, Barney C. Guttman, against the defendants, J. Baxter Brinkmann and Computer Graphics, Inc., pursuant to Section 10(b) of the Securities Exchange Act of 1934; 15 U.S.C.A., Section 78j(b) and Rule 10b-5 promulgated thereunder. The Court has afforded the parties a full and complete opportunity to be heard and to present any and all evidence, or...
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OPINION This is a civil nonjury proceeding filed by the plaintiff, Nicholas Kutska, pursuant to the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.A., § 2000e et seq. The Court has afforded the parties a full and complete trial and has considered the briefs and arguments of counsel. Based thereon, it is the considered judgment of the Court that the defendant, Cali...
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MEMORANDUM OPINION & ORDER This is a diversity action arising out of an automobile accident which occurred approximately four hundred feet west of Concord Road on U.S. Route, 1, Concord Township, Delaware County, Pennsylvania. Plaintiff Dianne Holmgren was operating a Ford pickup truck with a horse trailer attached which collided with a truck tractor-trailer owned by the defendant and being opera...
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OPINION The plaintiffs, Canon Redding, 1 Kenneth Redding, a minor by his parent and guardian, and Rick Ashby, citizens of Ohio, brought this action against William Medica, Andrew Lepezyk, Walter Long, Pittsburgh police officers, and the City of Pittsburgh, under the Civil Rights Act, §§ 1981, 1983 and 1985, 42 U.S.C., the First, Fourth, Sixth, Eighth, Thirteenth and Fourteenth Amendments to t...
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OPINION In this patent matter, the present question is whether the manufacturer of an allegedly infringing device so controlled the litigation of a prior suit involving identical *1359 patents as to be bound in this case by the decision in that one. 1 Pursuant to Rule 52(a), Federal Rules of Civil Procedure, I make the following: FINDINGS OF FACT 1. Plain...
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MEMORANDUM OPINION This case arises out of a contract between the plaintiff and defendant for plaintiff’s installation of electrical duct and appurtenant facilities at Bergstrom Air Force Base, Austin, Texas. The contract between plaintiff and defendant included a value engineering incentive clause as Clause 64 of its General Provisions. By letter dated January 3, 1974, plaintiff submitted to defe...
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MEMORANDUM OPINION WITPI ORDER ATTACHED On November 26, 1975, I entered an Order in the above-captioned matter which, inter alia, divided the original interpleader litigation- into two separate, distinct, and independent actions: American Fidelity Fire Insurance Company v. Group I Defendants, the successor to the original interpleader action, and American Fidelity Fire Insurance Company v. Group I...
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MEMORANDUM AND OPINION By this action Plaintiff American Frozen Food Institute (AFFI) challenges the innovative attempt by the Food and Drug Administration (FDA) to regulate labeling in certain areas of the food industry through establishing “common and usual names” for nonstandardized foods. AFFI contends that two recent rulings from FDA which establish common and usual names for seafood...
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MEMORANDUM OPINION This matter comes before the Court on cross-motions for summary judgment. In this action, plaintiff, a reporter for the Washington Star, seeks access to portions of the minutes of the Board of Directors meetings of defendant National Railroad Passenger Corporation (Amtrak). Defendant National Railroad Passenger Corporation (Amtrak) was created pursuant to 45 U.S.C....
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ORDER This truth-in-lending case is before the Court for approval of the recommendations of the Special Master. The Court has read the recommendations, the plaintiffs’ objections and defendant’s reply brief to plaintiffs’ objections. The Court declines to adopt the recommendations of the Special Master with *11 regard to his suggested ruling numbered II that neither the ...
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MEMORANDUM ORDER Plaintiffs are the decedents of Hiroyuki Fukaya and have filed a wrongful death action against Ronald Richard Velho, hereinafter referred to as “Velho”, Chrysler Pacific Autos, Inc., hereinafter referred to as “Chrysler”, China Insurance Company, Ltd., hereinafter referred to as “China Insurance”, and State Farm Insurance Company, hereinafter referred to as “State Farm”. ...
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MEMORANDUM AND ORDER This matter comes before the Court upon the motion of defendant, Brook Tarbel, to dismiss or to transfer to the Northern District of Oklahoma, and the following motions of defendants, Robert P. Hanford, Velma Hanford and Dalco Petroleum, Inc.: (1) Motion to dismiss; (2) Motion to strike or in the alternative for a more definite statement; and (3) Motion...
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MEMORANDUM ORDER The Federal Public Defender was appointed to represent De Freitas on Feb *242 ruary 3, 1976, and has now filed a motion, returnable April 12, 1976, for an order relieving that office as counsel for defendant. A brief history of the matter is necessary to consideration of the motion. On his arrest on a charge of armed bank robbery, 18 U.S.C. § 2113(a) and (d), De Freitas had...
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OPINION, FINDINGS OF FACT and CONCLUSIONS OF LAW. Plaintiff, Goldman-Morgen, Inc. (hereinafter “Goldman”), complains of defendant, Dan Brechner Co., Inc. (hereinafter “Brechner”) in substance as follows: That on or about July 21, 1964 plaintiff was duly issued a Certificate of Registration, Class G, Registration No. Gp 43212, covering a work of art and in particular a coin bank, Plaintiff...
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ORDER es In this Civil Rights action Plaintiff accus-the Defendants of having discriminated *85 against her in employment on account of sex. The action is alleged to arise under 42 U.S.C. §§ 1981, 1983 and 2000e et seq., the Thirteenth and Fourteenth Amendments, and Executive Orders 11246 and 11375. Jurisdiction is asserted under 28 U.S.C. §§ 1331 & 1343(3). Plainti...
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ORDER In this action Plaintiff seeks recovery of damages allegedly sustained as a result of Defendant’s breach of his contract of employment. The case was removed from the District Court of Oklahoma County, State of Oklahoma. The basis of said removal was diversity of citizenship and the required amount in controversy. 28 U.S.C. § 1332. Plaintiff alleges that he was employed by Defen...
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ORDER Plaintiff has filed a Motion and Brief on the Indictment herein in which it is requested that the two errors contained in the Indictment which it alleges are a mere matter of form and not of substance be changed. Defendant has responded to said Motion stating he has no objection to same. The first matter sought to be corrected is the year in which an act is alleged to have occurred in Count ...
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The plaintiffs are two workers’ cooperatives which manufacture and market plywood and plywood byproducts. They seek refunds for the federal corporate income taxes they paid. I. The Statute Subchapter T of the Internal Revenue Code of 1954, 26 U.S.C. §§ 1381-1388, provides special tax treatment for cooperatives. During the tax years involved here (the tax years), both plaintiffs qualified fo...
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OPINION The matter before me now is based on the motion of the defendant, Greyhound Lines, Inc. (Greyhound) to dismiss the complaint filed by the plaintiff, the Equal Employment Opportunity Commission (EEOC). Jurisdiction is founded in § 706(f)(1), (3) and (g) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. The plaintiff alleges that this action was ins...
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MEMORANDUM Plaintiffs instituted an action against the defendants for allegedly supplying a defective machine to the plaintiff’s employer. The defendant has joined the employer, Dill Products, Inc., as a third-party defendant alleging that the machine was altered, modified and changed by the employer. Third-party defendant, Dill Products, Inc., by its attorneys, moves the court to dismiss the thi...
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MEMORANDUM This matter is before me on the motion of the plaintiff, Boris Fredericks, to remand the present action removed to this Court by the defendant, Pennsylvania Social Services Union, Local 668 (Union). On April 25, 1975, the plaintiff filed a complaint in Assumpsit in the Common Pleas Court of Allegheny County, Pennsylvania, alleging that the defendant Union had breached an alleged oral e...
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MEMORANDUM OPINION AND ORDER The bankrupts in this case (“Bobbitts”) filed a voluntary petition in personal bankruptcy in August, 1974. The Bobbitts’ principal asset was their home for which they claimed a homestead exemption. The home was purchased in 1969 for $121,222.44 at a time when the lot, exclusive of any improvements, was valued at $20,000. At the time of bankruptcy the Bankruptcy Cour...
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MEMORANDUM AND ORDER The question presented to the court is the plaintiff’s motion for an award of costs and attorney’s fees in this proceeding under the Freedom of Information Act (FOIA).1 Initially the Secretary denied the plaintiff’s request for disclosure of certain records of *344the Department of Labor. Shortly after the suit was filed the Secretary supplied the plaintiff with a substantial...
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MEMORANDUM AND ORDER Petitioners Boise Cascade Corporation, Boise Cascade Recreational Communities of Delaware, Boise Cascade Properties, Inc., and Boise Cascade Home & Land Corporation (“Boise Cascade”) seek an order enjoining the prosecution of twenty Superior Court actions presently pending throughout the state of California. This petition raises substantial questions concerning the scope of c...
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*1202 OPINION AND ORDER Defendant H. R. Haldeman, one of four defendants in the above-entitled matter convicted by jury verdict on January 1, 1975, has filed a motion for a new trial on the basis of newly discovered evidence and, pursuant to that motion, requests a full evidentiary hearing to determine whether an alleged unauthorized contact between a third party and any members of the seques...
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*80 MEMORANDUM AND ORDER This is another Freedom of Information Act case. Following its now-settled practice, the Court requested the Government agency to submit samples of the documents for which exemption from disclosure is claimed in order to focus the issues in an adversary context., This was done, aided by some discrete excerpting, and the controversy was briefed and argued....
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DECISION AND ORDER In this action, this Court tests the murky jurisdictional waters of the Age Discrimination in Employment Act, 29 U.S.C.A. § 626(d). Defendant brings this motion to dismiss plaintiff’s claim brought under the Act, 29 U.S.C.A. § 621 et seq. Defendant contends that plaintiff lacks jurisdiction since the filing of his complaint is too early or, in the alternative...
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MEMORANDUM AND ORDER This cause is before the court on the motion of the plaintiff for judgment on the pleadings, or in the alternative for summary judgment, and on the cross-motion of the defendant for summary judgment. For the reasons hereinafter stated, plaintiff’s motion shall be denied and defendant’s motion shall be granted. Pursuant to the Freedom of Information Act, 5 U.S.C. § 552, plaint...
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OPINION These two actions are brought under 42 U.S.C. § 1983 by four female Massachusetts residents who claim they failed to receive Civil Service appointments with the Commonwealth due to the operation of the Massachusetts Veterans’ Preference Statute,1 Mass.Gen.Laws ch. 31, § 23, which they claim unconstitutionally discriminates against them because of their sex. They now seek to permanently en...
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MEMORANDUM OPINION AND ORDER This is a suit for breach of a collective bargaining agreement under section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, by an employee who claims he was wrongfully terminated as a “10-day quit.” The case is before the court now on a motion for summary judgment by the defendants international and local unions. 1 They argue that judgm...
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OPINION AND ORDER Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN *1233A. ROBSON, WILLIAM H. BECKER, JOSEPH S. LORD, III, STANLEY A. WEIGEL * and ANDREW A. CAFFREY, Judges of the Panel. Two actions commenced in two federal districts form the above-captioned litigation: Jacobs in the District of the District of Columbia; and Harriss in the Northern District of California. Both action...
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OPINION Plaintiffs brought this action to trial before the Court without a jury. The case presents yet another challenge to the beleaguered New York City administration of welfare programs. Jurisdiction was predicated upon 28 U.S.C. §§ 1343(3) and (4). 1 A class was certified at that time under Fed. R.Civ.P. 23(b)(2) to include all applicants and recipients of public assistance at Bronx welfa...
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MEMORANDUM OPINION Petitioners in this habeas corpus proceeding challenge the constitutionality of the laws pursuant to which they are incarcerated, i. e., certain sections of the Penal Law, Criminal Procedure Law, and Correction Law of New York, as amended in 1973, governing the treatment of A felony drug offenders. By way of preliminary relief, petitioner Foggie has moved “pursuant to Rule 65...
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OPINION AND ORDER This is a civil rights action brought pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. Jurisdiction of this Court is invoked pursuant to 42 U.S.C. § 2000e-5(f)(3) and 28 U.S.C. § 1343(4). The case came on for trial to the Court without a jury. The Court’s findings of fact and conclusions of law are set forth hereinbelow, in accorda...
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*598 OPINION I. JURISDICTION: Plaintiff (Gearhart), a former Deputy Legislative Counsel, brought this action against the State of Oregon (State) under the provisions of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. She claimed denial of equal pay, advancement and ultimately discharge, all in violation of § 703(a)(1) of the Act because, she says, the deni...
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OPINION The instant case involves the predictable perplexing problems which arise when two well-recognized legal principles come into collision. These are the well known rules of *509 interpretation of contracts: (1) that a contract of indemnity will not be construed to indemnify the indemnitee against his own acts of negligence unless such indemnity is clearly and specifical...
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OPINION AND ORDER Plaintiff, a resident of Rhode Island, brings this medical malpractice and products liability action against Dr. Albert F. Robbins, a physician, who now resides in Florida, and Pharmex, Inc., a Florida corporation that manufactured a certain drug with which defendant Robbins allegedly treated the plaintiff. During the period in which Dr. Robbins treated the plaintiff, he was a re...
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MEMORANDUM OPINION AND ORDER DENYING TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION This suit under the Railway Labor Act, as amended, 45 U.S.C. 151, et seq., turns on the historic and oft-litigated issue of major vs., minor disputes. The Air Line Pilots Association International (ALPA), purporting to act on behalf of the Association of Flight Attendants (AFA), seeks an injunction to halt...
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MEMORANDUM AND ORDER Bonneville Power Administration (BPA) has filed an environmental impact statement (EIS) covering a proposed program to construct a series of power transmission lines extending from Little Goose and Lower Granite dams on the Lower Snake River to the'Mid-Willamette Valley area of Oregon. As part of this energy redistribution program BPA has proposed a 500-kilowatt trans...
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MEMORANDUM OPINION I. INTRODUCTION Plaintiffs, black students and their parents, filed this action on August 18, 1959, to obtain declaratory and injunctive relief requiring the Galveston Inde *464 pendent School District (hereafter called “GISD” or “the District”) to administer its schools without regard to the race of its students. On January 23, 1961, the Court entered...
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MEMORANDUM OF OPINION AND ORDER In this case plaintiff Hibernia Bank (“Bank”) has brought suit to recover damages for losses it allegedly suffered as a result of alleged misfeasances in the composition and administration of cer *481 tain union trust funds. 1 Defendants include the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of Ameri...
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MEMORANDUM OF OPINION On March 4 and 11, 1976, the Court heard defendants’ motion for dismissal of the above-entitled action because of plaintiffs’ failure to comply with the discovery order of the Court dated October 28, 1975. At the latter hearing the Court announced its decision from the Bench granting this motion. In order to understand the import of plaintiffs’ failure to comply with the Cou...
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MEMORANDUM OPINION This is an action by the Environmental Defense Fund (EDF) against the Secretary of Health, Education and Welfare and the Commissioner of the Food and Drug Administration (FDA) for declaratory and injunctive relief under the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. (NEPA). EDF is a non-profit corporation whose members allegedly use and consume products reg...
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MEMORANDUM OF DECISION Before TIMBERS, Circuit Judge, and CLARIE and ZAMPANO, District Judges. The plaintiff, Dorothy Rivera, commenced this civil rights action under 42 U.S.C. § 1983 and its jurisdictional counterpart, 28 U.S.C. § 1343(3), to challenge the constitutionality of the administrative procedures employed by the Connecticut State Welfare Department to remove two foster children from he...
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OPINION A bench trial of this case was held on January 20, 1976. At issue was Thompson’s contention that, in the course of a consumer credit sale, he was injured by defendant’s alleged violations of the Federal Truth-in-Lending Act, 15 U.S.C. § 1601 et seq., and Regulation Z promulgated thereunder, 12 C.F.R. § 226.1 et seq. Jurisdiction is conferred upon us by 15 U.S.C. § 1640(e). *925...
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*268JUDGMENT This matter having regularly come on for trial by jury, a motion for a directed verdict having been filed on behalf of the defendants at the conclusion of the presentation of all evidence, and the Court for reasons orally assigned found that such motion should be sustained and a verdict directed in favor of defendants and against the plaintiff, the law and the evidence being in favor...
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The defendant, John A. DeVaughn, is indicted in this case under thirty counts charging, inter alia, extortions under 18 U.S.C. § 1951, income tax violations under 26 U.S.C. § 7201 and § 7206(1), and perjuries under 18 U.S.C. § 1621. Three counts, namely, Counts 8, 9 and 10, pertain to charges pursuant to 18 U.S.C. § 1621. The defendant has moved to quash those counts of the indictmen...
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OPINION This is an action in which Massachusetts Financial Services, Inc. (M.F.S.) is seeking a declaratory judgment on the question of whether it is a member of the federally-established Securities Investor Protection Corporation (S.I.P.C.). It also seeks to recover $5,368 paid to S.I.P.C. in response to S.I.P.C.’s mandatory assessment of M.F.S. for calendar years 1972 and 1973. 1 ...
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MEMORANDUM Plaintiffs, Irving Sulmeyer and Arnold L. Kupetz, who are the co-trustees of the Estate of Bubble Up, International, Ltd. (“Bubble Up”), 1 an Illinois corporation now in Chapter X reorganization proceedings, have brought an action against defendants, Seven-Up Company (“Seven-Up”) and Seven-Up Export Corporation (“Export”), 2 alleging that, since 1957, the ...
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ORDER Plaintiff is the owner of United States Patent No. 3,441,393 (Patent) entitled “Process for the Production of Hydrogen Rich Gas”. Plaintiff alleges that the process covered by said Patent is principally used commercially in the production of ammonia. The instant case arises from the proposed construction of an ammonia plant by Defendants W. R. Grace & Co. (Grace) and its subsidiary ...
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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 three counts of a three count indictment. The indictment charged the defendant in each count with the unlawful transportation in interstate commerce of an altered security and aiding and abetting in violation of 18 U.S.C. § 2314 and 18 U.S.C. § 2. The defendant, in hi...
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OPINION At the commencement of trial of the above action the defendant Penntech Paper Company moved to dismiss on the grounds that the zoning ordinance of the Borough of Johnsonburg and the permit issued under said ordinance could not be constitutionally enforced against Defendant Penntech because the standards of the ordinance were so unconstitutionally vague as to make impossible their applic...
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OPINION We are called upon to decide the constitutionality of certain provisions of Act No. 24 of May 22, 1975 (16 LPRA 2089) of the Commonwealth of Puerto Rico. This statute is an amendment to the Commonwealth’s Electoral Code (16 LPRA 2001 et *477 seq.). In deciding this issue we must weigh the rights of freedom of speech and association in counterbalance to the police power of the state to...
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MEMORANDUM OPINION The question presented by this case is whether the defendant’s policy against hiring in the same capacity the spouse of an hourly employee at its Ottawa, Illinois, plant constitutes sex discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. We hold that the plaintiffs have made out a prima facie case of ...
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MEMORANDUM DECISION This action for breach of a collective bargaining agreement was originally brought in the Circuit Court of Cook County, Illinois, which issued a temporary restraining order on plaintiff’s ex parte request. Defendants removed the action to this court under 28 U.S.C. § 1441 (1970), moved to dismiss the complaint and moved to vacate the state court’s order. The motion to vacate t...
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415 F.Supp. 1086 (1976) Richard Lee DAVIS, Plaintiff, v. UNITED STATES of America, Defendant. Civ. No. L-2315. United States District Court, D. Kansas. March 25, 1976. *1087 Richard C. Wallace, Gen. Counsel, Wyandotte County Legal Aid Society, Kansas City, Kan., for plaintiff. Monti L. Belot, Asst. U. S. Atty., Kansas City, Kan., for defendant. DECISION AND ORDER OF THE COURT THEIS, District Jud...
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MEMORANDUM Plaintiff, a member of Local 259, Newspaper Chauffeurs, Distributors, and Helpers (Local 259), affiliated with the International Brotherhood of Teamsters (I.B.T.), brings this action seeking monetary and injunctive relief against certain past and present officers of Local 259 and the I.B.T. Briefly, the plaintiff alleges that the defendants have not bargained in good faith with plaintif...
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OPINION This class action 1 was brought under 42 U.S.C. § 1983 seeking declaratory and *582 injunctive relief 2 against the enforcement of Mass.Gen.L. c. 90C, § 4 3 which requires the defendant Registrar to suspend automatically the licenses of persons failing without good cause to appear before a court to answer charges for motor vehicle viol...
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MEMORANDUM This is a civil action based on diversity of citizenship wherein plaintiffs seek to recover damages for alleged personal injuries against two corporate defendants. Both defendants have moved to dismiss on the ground that the court lacks personal jurisdiction. For reasons elaborated below, this court grants the motion of defendant National Seating Co., Inc. (“National”) but deni...
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OPINION This is a civil action for injunctive relief and money damages. Jurisdiction of this court is- invoked on the basis of 29 U.S.C.A. § 412 for a cause of action alleged to arise under 29 U.S.C.A. § 411(a)(1), (2). Plaintiffs are members of Local 25 of the Teamsters Union. Defendants are Local 25 -and certain named officers thereof. *1166 The matter came before the Court on plaintiffs’...
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MEMORANDUM OPINION This suit was filed in the Chancery Court of Copiah County, Mississippi by way of Chancery attachment against a non-resident, by plaintiff, Carroll Hood, against the defendant, Fireman’s Fund Insurance Company, on an insurance policy issued to the plaintiff by the defendant through Oliver W. Catchings, Jr. and C. Richard Hartung, *848 d/b/a Mutual Insurance...
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411 F.Supp. 871 (1976) SANTA CRUZ BUILDING ASSOCIATION, Plaintiff, v. UNITED STATES of America, Defendant. No. 75-397C(4). United States District Court, E. D. Missouri, E. D. March 25, 1976. *872 *873 John J. Donnelly, St. Louis, Mo., for plaintiff. Michael D. Howard, Trial Atty., Tax Division, Dept. of Justice, Washington, D. C., for defendant. OPINION NANGLE, District Judge. In this action, pl...
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OPINION Defendant moves, and plaintiff cross-moves, for summary judgment, pursuant to Rule 56, Fed.R.Giv.P., in this action for a declaratory judgment. The facts narrated below have been stipulated. The action is, therefore, ripe for summary judgment. *222 Plaintiff, Chin Lau, 1 filed a petition with the New York district director of the Immigration and Naturaliza...
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MEMORANDUM AND ORDER Defendant stands indicted for having during 1975 distributed a quantity of heroin. The Government having indicated its intention to use a certain earlier conviction of this defendant should defendant take the witness stand on his own behalf, defendant has moved for a pre-trial ruling by me concerning such employment of the conviction. The latter occurred in 1969 and was for...
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OPINION Petitioner, now confined at the Green-haven Correctional Facility, Stormville, New York, under a state judgment of conviction, seeks his release from federal parole status. On January 10, 1969, he was sentenced in the United States District Court for the Western District of Michigan to five years’ imprisonment following his conviction of bank robbery. His full-term expiration date was J...
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MEMORANDUM OPINION This action arises in the context of the liquidation of the business of F. 0. Baroff Company, Inc. (the Debtor or the Insured) pursuant to the provisions of the Securities Investor Protection Act (SIPA), 15 U.S.C. §§ 78aaa-78111. The instant dispute, which represents the last substantive matter open in this liquidation proceeding, is an appeal from the ruling of the Hon. Edward...
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MEMORANDUM OPINION At the Pretrial Conference herein conducted on March 3, 1976 the parties submitted this case to the Court for decision on the record before the Court and the applicable law. Plaintiff has garnisheed the United States of America for unpaid child support reduced by her in the divorce Court to Judgment against the Defendant and which Judgment is owed by the Defendant, a former...
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This action was filed on July 2, 1974 by plaintiffs, who are registered voters in the 6th, 7th and 8th Congressional Districts of Tennessee, against the state Coordinator of Elections and the Shelby County Election Commissioners. They alleged in substance that the Congressional reapportionment statute, based upon the 1970 Federal census, enacted by the Tennessee legislature on April 13, 1972 (T.C....
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MEMORANDUM This is an action for review of a condemnation award pursuant to Rules 71A(h) and 53(e)(2) of the Federal Rules of Civil Procedure. A Commission appointed by the Court under Rule 71A(h) viewed the property and heard four days of proof on the question of just compensation. In a report filed on November 21,1975, the Commission found that the landowners suffered damages as a result of the...
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OPINION The Government instituted this action on May 2, 1974, praying for a judgment against defendant Wanda Lee Ritter, as administratrix of the estate of Don McClintock Ritter, Jr., 1 in the amount of $69,-777.80, which sum represents tax assessments 2 made against the administratrix and foreclosure of the government’s tax lien against the interest of the taxpayer in certain trust assets....
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I. This action was begun by a petition of Consolidated Rail Corporation (ConRail) for an injunction against the respondents, who are the Trustees of Penn Central Transportation Company (Penn Central), the Trustee of Michigan Central Railroad Company (Michigan Central), and directors of Canada Southern Railroad Company (Canada Southern) and of Excelsior Truck Leasing Company (Excelsior). Penn Centr...
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ORDER DENYING DEFENDANT WILLIAM MORRIS’ MOTION FOR PRELIMINARY INJUNCTION This is a declaratory judgment action seeking to determine whether the Writers Guild of America/Artists’ Manager Basic Agreement of 1975 (the “Basic Agreement”), as enforced by a Writers’ Guild of America work rule, is valid under the federal antitrust laws. The Basic Agreement governs the terms under which an artis...
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MEMORANDUM AND ORDER This is a judicial review of the final decision of November 8, 1974, of the Secretary of Health, Education, and Welfare, 42 U.S.C. § 405(g), denying plaintiff’s claim for continuing disability insurance benefits. Plaintiff initially applied for benefits on May 18, 1973, alleging that he became unable to work on January 22, 1972. After a hearing, an administrative law judge ...
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MEMORANDUM AND ORDER This case is now before the Court on Plaintiffs’ Motion For Summary Judgment And For Entry of Permanent Injunction, Defendants’ Cross-Motion For Summary Judgment, and the Joint Cross-Motion of Intervenors For Summary Judgment. For the reasons explained herein, plaintiffs’ motion is denied, and summary judgment is granted for defendants. Background The facts of this ca...
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ORDER Plaintiff Lee Hamilton, a federal prisoner incarcerated at the Atlanta penitentiary, brought this class action against defendant Attorney General and the various officers of the Bureau of Prisons for injunctive and declaratory relief. Jurisdiction of this court was invoked pursuant to 28 U.S.C. §§ 1346, 1361, 2201 and 2202 and pursuant to portions of the Administrative Procedure Act, 5 U....
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The sole issue in this case is whether the defendant violated the Federal Truth-in-Lending Act (15 U.S.C. § 1601 et seq.) and Regulation Z of the Board of Governors of the Federal Reserve System (12 CFR § 226.1 et seq.) by failing to disclose the amount, or method of computing the *22 amount, of a default charge payable in the event of late payment, pursuant to the rules set forth in Section 22...
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MEMORANDUM Plaintiff Agnes E. Stevens brought this action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. §§ 1981 and 1983, alleging discrimination on the basis of race and additionally, retaliatory conduct on the part of defendant, The Junior College District of St. Louis [hereinafter, “JCD”] for the filing of complaints of discrimination. This case...
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OPINION Woodland Nursing Home Corporation, plaintiff in this action, moves for summary judgment in its suit to recover monies allegedly due under the Medicare program. For the reasons hereinafter stated, the motion is denied. *503 Located in New Rochelle, New York, Woodland Nursing Home (“Woodland”) has been a participating provider of medicare services since 1967, 42 U.S.C. § 1395 et seq. ...
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MEMORANDUM Defendant Antonio Flores is charged with conspiracy to transport and sell narcotic drugs from January 1, 1968 *39through April 30, 1971 in violation of Sections 173 and 174 of Title 21 of the United States Code. On January 8, 1973 an indictment was filed and a bench warrant was issued for the defendant, who was a fugitive. On March 23, 1973, the defendant was arrested in Barcelona, Spai...
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OPINION Petitioner, now confined at the Auburn Correctional Facility, Auburn, New York, pursuant to a judgment of conviction entered in the New York State Supreme Court upon his plea of guilty to criminal possession of a dangerous drug in the third degree, seeks his release upon a federal writ of habeas corpus. He grounds his application upon a claim of violation of his federally protected constit...
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ORDER The instant action is an injunction suit brought by Plaintiff seeking to enjoin Defendants from alleged violations of 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.). Defendant Hurley made a demand for a jury trial when he Answered the Complaint. Plaintiff filed a Motion to Strike Defendant Hurley’s Demand for ...
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MEMORANDUM Plaintiff instituted this contract action in the Court of Common Pleas of Bucks County, Pennsylvania, alleging an oral contract for the sale of condenser tubing and seeking damages for the alleged breach thereof by the defendant. Defendant is a New York Corporation with its principal place of business in New York. Plaintiff alleged, however, that defendant was doing business in...
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MEMORANDUM DECISION The above entitled cases were consolidated for trial. The plaintiffs (hereinafter “the Gridleys”, John, Jr., and John, III) are father and son. In April of 1972, the Gridley’s purchased securities from the defendant Sayre & Fisher Company (hereinafter Sayre & Fisher). One provision in the purchase agreement was that John, Jr.’s stock would be registered with the Securi...
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MEMORANDUM OPINION The plaintiff, The Stephens Security Bank, filed its complaint herein on November 24, 1975, in which it is alleged that plaintiff is a state banking association, organized and existing under the laws of the State of Arkansas, with its principal banking office and place of business at Stephens, Arkansas. It is further alleged that plaintiff’s deposits are insured by the ...
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MEMORANDUM AND ORDER This matter is now before the Court on plaintiffs’ Motion For Preliminary Injunction, defendants’ Motion To Dismiss, and the respective oppositions thereto. For the reasons discussed below, both motions are denied. This case involves a controversy over the proper way in which employers are to complete Internal Revenue Service Form W-2 in the case of those employe...
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MEMORANDUM OPINION These two companion suits were brought pursuant to the Federal Tort Claims Act 1 by the widow of Jimmy Ray Johnson, a United States Army sergeant who at the time of his death in 1971 was stationed at Fort Stewart, Georgia. In both cases, plaintiff alleges that Fort Stewart’s hospital staff negligently failed to provide adequate medical care to her mentally il...
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OPINION Pursuant to a collective bargaining agreement between Kellogg Company *208and Local 480, Printing Specialty and Paper Products Union (AFL-CIO), a grievance concerning computation of wage increases was submitted to binding arbitration. The arbitrator ruled in favor of the union, and the company, as plaintiff in this suit, now seeks to have the court set aside the arbitral award. The compla...
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410 F.Supp. 937 (1976) NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, Plaintiff, v. James Henry CALVERT et al., Defendants. No. 73-324C(4). United States District Court, E. D. Missouri, E. D. March 23, 1976. P. Terence Crebs, St. Louis, Mo., for plaintiff. Rooney, Webbe, Davidson & Schlueter, St. Louis, Mo., for James H. Calvert and Ronald Calvert. Andrew P. Deschu, St. Louis, Mo., for Shirley An...
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OPINION AND ORDER Plaintiff and defendant are parties to a collective bargaining agreement which contains an arbitration clause. Defendant discharged one Rosemary Cagle. It is alleged in the complaint that “a dispute arose concerning the discharge of employee Rosemary Cagle and the contractual rights and obligations centering same. That thereafter pursuant to the arbitration clause of the Collect...
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On Cross Motions for Summary Judgment OPINION This dispute over the interpretation of a contract indemnity clause has generated five state court decisions, two settlements, and two federal suits. A declaratory judgment action and a suit for restitution have been filed in this court. Jurisdiction is based upon diversity of citizenship. The two actions have been consolidated and cross motions for s...
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Plaintiffs, the National Union of Hospital and Health Care Employees, RWDSU, AFL-CIO, and District 1199 of that union (hereinafter collectively “the unions”), move for a preliminary injunction to bar the enforcement of two recently promulgated regulations of the defendant Commissioner of Health of the State of New York. These regulations, it is claimed, effectively freeze the rate of Medicaid reim...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW What was commenced as, and should have remained, a simple action for breach of contract, by the time of trial burgeoned to one that included as many securities act claims as the ingenuity of counsel could develop. With one exception — the charge of sale of unregistered stock — these additional claims were advanced for the first time on the eve of th...
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OPINION Plaintiff brought this action to obtain widow’s benefits allowed by Title IV of the Coal Mines Health and Safety Act of 1969, as amended by the Black Lung Benefits Act of 1972, 30 U.S.C. § 901, et seq. She now seeks review of the final decision of the Secretary of Health, Education and Welfare pursuant to Section 413(b) of the Act, 30 U.S.C.A. § 923(b), which incorporates by reference Sect...
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MEMORANDUM AND ORDER Presently before the Court is petitioner Ralph Paul Boehmer’s motion pursuant to Title 28 U.S.C. § 2255 to withdraw his plea of guilty to Counts I and II of Criminal Indictment No. 74-710 and vacate judgment and sentence. The petitioner and his wife, co-defendant Ann Marie Boehmer, were represented by the same attorney, Joseph P. Zawrotny, Esquire, from a time prior to the ...
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MEMORANDUM OPINION AND ORDER This is a proceeding for the condemnation of real estate and rights therein for the Normandy dam and reservoir project of the relator the Tennessee Valley Authority. 16 U.S.C. §§ 831-$31dd. The plaintiff first took an easement and right-of-way for roadway purposes in 4.7 acres of land in Coffee County, Tennessee, see order herein of July 2, 1974. The plaintiff then too...
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MEMORANDUM This is an action brought against the defendant, Central of Georgia Railway Company, pursuant to the Interstate Commerce Act, 49 U.S.C. § 20(11). Jurisdiction of the Court is invoked under 15 U.S.C. § 714c and is not in dispute. This case is presently before the Court upon the pleadings, a stipulation of fact and upon cross motions for summary judgment. 1 The follo...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT 1. Plaintiff, Temple-Estex, Incorporated, a Subsidiary of Time, Inc., and its operating division, Temple Industries and Eastex Incorporated, brings this action under the Freedom of Information Act (FOIA), 5 U.S.C. Section 552, seeking an injunctive order requiring disclosure by Defendant, National Labor Relations Board, hereinafter re...
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MEMORANDUM AND ORDER The defendant, Town of Stowe, has moved to dismiss Count II of the plaintiff’s complaint wherein the plaintiff seeks compensatory and punitive damages, as well as other relief, against the Town as a result of allegedly improper conduct by Town police officers in arresting the plaintiff. The predicate of the motion is that the plaintiff’s complaint fails to state a cause of ...
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ORDER On December 19, 1975, the Attorney General filed suit on behalf of the United States against the defendant College District, the District’s Governing Board, and certain administrators of the District. The complaint alleges that the actions of the defendants “. . . constitute a pattern and practice of resistance to the full enjoyment of the rights, secured by Title VII, not to be dis...
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MEMORANDUM OPINION This controversial action has been the subject of consideration for some time. The Cache River — Bayou DeView Channelization Project has been a matter of public interest and discussion since prior to the enactment of the Flood Control Act of 1950. By the Flood Control Act of 1950, Congress authorized construction of the project. Planning funds were regularly appropriated from...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Defendant, Western Airlines, Inc., herein presents its Findings of Fact and Conclusions of Law: FINDINGS OF FACT I. On October 26, 1973, plaintiff boarded WESTERN AIRLINES Flight No. 216 at Los Angeles, and said flight was scheduled to arrive at Phoenix at 4:59 P.M., with an intermediate stop at San Diego. 2. When Flight No. 216 arrived in San Diego...
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OPINION Plaintiff, a local chapter of the National Association for the Advancement of Colored Persons (NAACP), brings this action against defendants, Carla Hills, Secretary of the Department of Housing and Urban Development, the Department of Housing and Urban Development itself, and the Department’s Area Director (HUD), the City of Santa Rosa (City), The Community Development Commission ...
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MEMORANDUM OF OPINION This case raises the questions of the exact boundary of the Round Valley Indian Reservation (Reservation) in Mendocino County, California, and whether the State of California has jurisdiction to regulate hunting upon that Reservation. On April 15, 1973, plaintiffs Russ and Whipple, two enrolled members of the Covelo Indian Community of the Reservation, shot a deer on lan...
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ON MOTION TO ADMIT MEMORANDUM RE INADMISSIBILITY OF PSYCHOLINGUISTIC TESTIMONY Counsel for the defense urged this Court on at least three occasions to admit the testimony of Dr. Margaret Thaler Singer in the field of psycholinguistics. As reflected in the offer of proof, Dr. Singer, if called as an expert witness, would have testified that her expertise in this area enables her to conclude from...
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MEMORANDUM AND ORDER This is a complex environmental protection action arising under the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1251 et seq. (“the Act”). Plaintiff Shell Oil Company has filed suit against the Environmental Protection Agency and its Administrator, Russell Train, to challenge the promulgation of administrative regulations governing th...
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MEMORANDUM OF DECISION This case involves a challenge under the due process clause of the fourteenth amendment to provisions of Conn.Gen. Stat.Ann. § 14-150(b) and (c). The statute empowers a police officer or motor vehicle inspector, who has determined that a motor vehicle is either abandoned, unregistered or dangerously parked, to have the vehicle towed to a garage for storage. The statute fu...
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MEMORANDUM OPINION- Randolph E. Dickerson, a state prisoner, seeks habeas corpus relief pursuant to 28 U.S.C. § 2254 from a conviction of first degree murder for which he was sentenced to a term of life imprisonment. His conviction and sentence were affirmed by the Delaware Supreme Court, Dickerson v. State, Del.Supr., 325 A.2d 367 (1974), which rejected the arguments which petitioner now advances...
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MEMORANDUM OPINION AND ORDER DENYING DEFENDANT’S MOTION TO QUASH ALL WRITS OF GARNISHMENT ISSUED AFTER OCTOBER 1, 1975. On October 16, 1974, plaintiff, the First National Bank of Elkhart, Indiana, obtained a judgment in the amount of $82,358.44 against defendant Jerry Noel Hasty, (“Hasty”) in the United States District Court for the Northern District of .Indiana. No appeal having been tak...
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OPINION In this case, the two defendants are charged with entering a credit union with intent to commit a felony, in violation of 18 U.S.C. § 2113(a). 1 The defendants have jointly moved to suppress certain- evidence seized by the police and Federal Bureau of Investigation on the night of their arrest. An evidentiary hearing was conducted on March 9, 1976. Neither defendant chose to testify...
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410 F.Supp. 348 (1976) Joan Evans WILBURN, Plaintiff, v. PEPSI-COLA BOTTLING COMPANY OF ST. LOUIS and Crawford and Company, Defendants. No. 75-533C(4). United States District Court, E. D. Missouri, E. D. March 22, 1976. *349 Roger L. Scherck, Belleville, Ill., for plaintiff. Fred B. Whalen, Donald L. James, St. Louis, Mo., for defendants. OPINION NANGLE, District Judge. Plaintiff Joan Evans Wilb...
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MEMORANDUM ORDER This matter came before the Court on defendant’s motion for partial summary *1065judgment. The parties have stipulated (1) that the central issue before the Court is whether plaintiffs’1 charitable contribution deduction is to be determined by the fair market value or the cost basis of the gifted property and (2) that a dispositive and binding ruling on the issue will most likely...
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OPINION FINDINGS OF FACT AND CONCLUSIONS OF LAW This is an action brought under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), by the plaintiff as Administratrix of the Estate of Adolphus Jackson, deceased. Adolphus Jackson will hereinafter be referred to as the decedent. The decedent died as the result of an attack by a fellow prisoner in the early morning hours of February 13, 1972, while he ...
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MEMORANDUM OPINION This case involves the interpretation of the defendant’s Plan for Employees’ Pensions, Disability Benefits and Death Benefits (hereinafter referred to as the Plan). The plaintiff seeks to recover death benefits which she says are owed to her because at the time of his death her husband, Robert D. Paterson, was an employee of the defendant, Southwestern Bell Telephone Company,...
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MEMORANDUM OPINION Plaintiff brings this action pursuant to 42 U.S.C. § 405(g) for reversal of the final decision of the Secretary of Health, Education and Welfare denying Plaintiff’s application for the establishment of a period of disability and for disability insurance benefits as provided by Sections 216(i) and 223 of the Social Security Act, 42 U.S.C. §§ 416(i) and 423. Plaintiff filed a...
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OPINION This is a civil non jury proceeding filed by the plaintiff, William Larkin, pursuant to the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.A. § 2000e et seq. The plaintiff, William Larkin, a black man, brought this civil rights action in behalf of himself and others similarly situated against the defendants, United Steelworkers of America, United Ste...
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412 F. Supp. 647 (1976) Doris M. ADAMS et al., Plaintiffs, v. RICHLAND SCHOOL DISTRICT ONE, a body politic and corporate, et al., Defendants. Civ. A. No. 75-1330. United States District Court, D. South Carolina, Columbia Division. March 22, 1976. *648 Craig K. Davis, Medlock & Davis, Columbia, S. C., for plaintiffs. Francis P. Mood, Boyd, Knowlton, Tate & Finlay, Columbia, S. C., for defe...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action was brought by the plaintiff for declaratory and injunctive relief under 42 U.S.C. § 1983 (1970) against the Commissioner of Corrections for the State of Vermont to prevent his transfer from the Vermont Corrections Department to the Federal Prison System. Plaintiff contends that his transfer and incarceration outside of Vermont, because ...
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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. *242Jurisdiction of this court is based on § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates by reference § 205...
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ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT I Plaintiff complains that Hercules Incorporated, the defendant, discharged him without cause while employed at its Brunswick, Georgia plant in violation of the Collective Bargaining Agreement between the Company and Union. The suit was initially brought in the Superior Court of Glynn County on December 20, 1974, and was removed to thi...
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These consolidated cases are now before the court pursuant to the mandate of the Court of Appeals in Finney v. Arkansas Board of Correction, 505 F.2d 194 (8th Cir. 1974), reversing the decision of this court in Holt v. Hutto, 363 F.Supp. 194 (E.D.Ark.1973), 1 and remanding the litigation for further proceedings. The remand requires the court to inquire again into the federal constitutionali...
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OPINION AND ORDER DETERMINING MOTIONS FOR SUMMARY JUDGMENT HISTORY OF THE LITIGATION These proceedings constitute the third in a series of complex cases to be transferred by the Judicial Panel on Multidistrict Litigation to a single forum for coordinated or consolidated pretrial proceedings and which involve Federal securities law claims by alleged classes of private litigants agains...
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ORDER ON MOTIONS TO DISMISS This matter came before the Court on the motion of defendant Robertshaw Controls Company (Robertshaw) to dismiss Counts II and III of the plaintiffs’ complaint and on the motion of defendant Cal Gas Charlestown, Inc. (Cal Gas) to dismiss Count II of the complaint for the reason that said counts “fail to state facts sufficient to constitute causes of action.” ...
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MEMORANDUM AND ORDER This is an action by a labor union to force the defendants, three employer-companies, to pay the full wage rate called for under a collective bargaining agreement for the period from February 15, 1973, through February 14, 1974. The defendants contend that regulations promulgated under Phase III of the Economic Stabilization Act of 1970 prohibited them from paying the full wa...
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MEMORANDUM OPINION AND ORDER On July 30, 1975, this Court entered a judgment in Newburg Area Council, Inc. v. Board of Education of Jefferson County, Civil Nos. 7045 and 7291 (W.D.Ky.1975), app. pending No. 75-1737 (6th Cir.), requiring the implementation of a plan for public school desegregation in Jefferson County, Kentucky. On September 15, 1975, the plaintiffs Julian M. Carroll, Governo...
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This case presents the question of the amount of damages to which plaintiffs are entitled by reason of breaches by one or both defendants of obligations under a real estate sale and option contract. The case is unusual in that defendants permitted a judgment by default to be entered against them, but are contesting the amount of damages which should be included in the final judgment herein...
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MEMORANDUM On March 8, 1976, this court allowed plaintiff’s request to be admitted to bail.1 This memorandum is written in order to place on the record the court’s reasons for doing so. On February 10, 1975, Anthony DiRusso pleaded guilty to one count of armed bank robbery.2 He had no prior criminal record. On March 10, 1975, he was committed to the custody of the Attorney General pursuant to Sect...
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MEMORANDUM OF DECISION These two consolidated cases were tried without jury on February 24 — 26 and on March 12, 1975. Subsequently, the parties filed memoranda and requested findings and conclusions; the matter was taken under advisement on June 14, 1975. After due consideration of these materials and of the voluminous evidence offered at trial, the Court hereinafter enters its findings ...
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MEMORANDUM and ORDER This is a civil action brought pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.A. § 2000e et seq. Plaintiff challenges the sufficiency of the remedy accorded her as a result of a United States Department of Justice Complaint Adjudication Officer’s decision that she was discriminated against because of her race in the course of her seeking promotion...
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MEMORANDUM. ORDER Plaintiffs have commenced the above-entitled action challenging the validity and enforceability of the Minnesota Private Pension Protection Act, Minn.Stat. § 181B.01 et seq. (1974) (hereinafter the “Minnesota Pension Act”). The matter is presently before the court on motions by plaintiffs and defendants. Plaintiffs Walter J. Fleck and Edyth A. Hamler are ...
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MEMORANDUM AND ORDER This matter is presently before the court on motions by all parties. Plaintiffs are seeking a summary judgment, or in the alternative, a preliminary injunction on Count I of the Amended Complaint; defendant is requesting the court to abstain. Plaintiffs have brought this action challenging the constitutionality of the Minnesota Private Pension Benefits Protection Act,...
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410 F.Supp. 585 (1976) Herbert M. GANNET, Plaintiff, v. FIRST NATIONAL STATE BANK OF N. J., Defendant. UNITED STATES of America and Carl E. Reichelt, Special Agent of the Internal Revenue Service, Plaintiff, v. FIRST NATIONAL STATE BANK OF N. J., Defendant, v. Herbert M. GANNET, Intervenor. Civ. Nos. 75-2028, 76-124. United States District Court, D. New Jersey. March 19, 1976. Harvey R. Poe, Newa...
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MEMORANDUM INCORPORATING FINDINGS OF FACT AND INJUNCTION The United States seeks a preliminary injunction (18 U.S.C. § 709, last par.) barring defendant’s use in its corporate name of “U.S.I.A.” in advertising or for other business purposes. The Government asserts that the letters “U.S.I.A.” are the initials of the United States Information Agency, and that use of those letters in the name of a pr...
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MEMORANDUM AND ORDER This cause came to be heard upon the several motions of the parties. First, plaintiff has filed a motion for leave to amend its complaint. Defendants have not only opposed said motion but have also opposed plaintiff’s request to file a reply to said opposition. The Court certainly is going to let plaintiff file its reply brief. Defendants raise matters in their opposition not...
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MEMORANDUM AND ORDER Presently before the Court are the motions of defendants Richard M. Paget and Charles E. Dykes for summary judgment on their cross-claims against defendant Alodex Corporation (Alodex). Both Mr. Paget and Mr. Dykes seek indemnity from Alodex in connection with the reasonable expenses, including attorneys’ fees, incurred by them in defending against the plaintiffs’ clai...
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OPINION AND ORDER Plaintiffs in this action seek an injunction and damages from defendant for infringement of United States Letters Patent 3,369,582 (the ’582 patent), granted to plaintiff Clayton Giangiulio on February 20, 1968, for a “Tomato Sheer”. Defendant marketed two machines which allegedly infringed the patent. Plaintiffs, as the holders of the patent developed and sold a machine...
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MEMORANDUM This suit is a consolidation of two actions of interpleader filed pursuant to 28 U.S.C. § 1335 and Fed.R.Civ.P. 22 whereby defendants United States and Joseph M. Zamoiski Co., are adverse claimants to a sum of money which plaintiffs Pine Builders, Inc., and Parham Company have paid into the registry of this Court so that we may resolve the conflicting claims between defendants ...
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OPINION AND JUDGMENT Plaintiffs are before the court seeking injunctive relief intended to enjoin enforcement of an ordinance of the City of Roanoke which prohibits the massaging of members of one sex by members of the opposite sex. Jurisdiction is alleged pursuant to 28 U.S.C. § 1343. The relief sought is authorized by 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201 and 2202. Defendants have moved to d...
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MEMORANDUM Plaintiff, Ralph S. Major, Jr., doing business as Major & Associates, (hereinafter Major), brings this action for injunctive and monetary relief against Orthopedic Equipment Company, Inc. (hereinafter Orthopedic), an Indiana corporation, and Frank I. Saemann, a resident of the State of Indiana for alleged violations of a distributorship agreement. Jurisdiction is conferred on the Court...
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OPINION and ORDER Before WIDENER, Circuit Judge, TURK, Chief District Judge, and DALTON, District Judge. This ease is before this three-judge district court pursuant to 28 U.S.C. §§ 2321- and 2325 and 49 U.S.C. § 17(9) and § 305(g) and (h) to enjoin orders of the Interstate Commerce Commission (ICC) which denied the joint application of Virginia-Carolina Freight Lines, Inc. (Virginia-Carolina) and...
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MEMORANDUM AND ORDER On August 25,1975, this Court heard argument on the issue of preemption and ruled in favor of defendants with regard to dismissing the complaint insofar as it pertained to the issue of preemption. The final order was entered on October 9, 1975: Subsequent to the issuance of said order a three-judge court was convened-pursuant to 28 U.S.C. § 2281 to hear the constituti...
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MEMORANDUM AND ORDER This declaratory judgment action comes before the Court on the merits. It presents a pure question of statutory construction which was fully briefed and argued. The controversy arises against the background of the Entitlements Program and two-tier system for pricing oil which was initiated by the Cost of Living Council as part of its Stabilization Program under the Economic S...
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MEMORANDUM DECISION The plaintiff, Edward Limperis, trustee in bankruptcy for Morris Handler Company, Inc. (Handler), brought this action pursuant to Section 60(b) of the Bankruptcy Act, 11 U.S.C. § 96(b), to recover certain sums allegedly paid by or on behalf of Handler to Material Service Corporation (MSC) within the four month period preceding bankruptcy. The defendant has answered and...
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MEMORANDUM OPINION Motion to Strike On November 24, 1975, plaintiff filed an amended complaint pursuant to this Court’s Memorandum Opinion and Order dated November 13, 1975, wherein we dismissed Count I of the original complaint for lack of subject matter jurisdiction and directed plaintiff to amend Counts II and III of his complaint to conform with the jurisdictional pleading requirements of t...
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MEMORANDUM AND ORDER This is a habeas corpus action in which petitioner alleges he was illegally denied two points on the Salient Factor Test administered by the Parole Board. The Court previously issued an order to show cause in accordance with the provisions of 28 U.S.C. § 2243. Respondent filed an answer and return. Petitioner thereafter filed an additional pleading in the nature of a traverse ...
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MEMORANDUM DECISION Plaintiff brings this action to review and set aside his dismissal as Postmaster of St. James, Minnesota. Plaintiff seeks reinstatement, back pay, and alternatively a new termination hearing wherein he may be provided with additional information in the possession of the Postal Service. Plaintiff alleges that his dismissal was arbitrary and capricious and that the Postal Service...
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MEMORANDUM OPINION The Ford vehicle was seized by Treasury Agents on October 7, 1973. Erg’s, Inc. is the owner and claimant. The grounds for forfeiture are admitted. The only defense is unreasonable delay in institution of the forfeiture proceedings. This action was commenced on December 18, 1974, over fourteen months after the seizure. In the meantime, claimant had petitioned administratively ...
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OPINION Defendant moves, pursuant to Rules 55(c) and 60(b), Fed.R.Civ.P., to vacate a default entered against him on September 30,1975. The default was entered upon plaintiff’s motion when defendant’s attorney failed to appear at a pretrial conference on May 16, 1975 and after defendant personally failed to appear for his duly noticed deposition on May 27, 1975 and again on May 30, despite *684the...
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OPINION Defendant moves under Rule 12(b), Fed.R.Crim.P., to dismiss the indictment on the ground that a trial would violate his constitutional right not to be put in jeopardy twice for the same offense. Defendant contends that, since a mistrial was declared sua sponte by the court during the opening statement of his attorney, he cannot be tried again without being deprived of his rig...
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MEMORANDUM and ORDER This cause of action is for personal injury allegedly sustained by Patricia Jones, a resident of the Western District of New York, at the Tri-Circle D Ranch, a facility at Walt Disney World in Lake Buena Vista, Florida. The accident occurred on the morning of March 22, 1973. Plaintiff Patricia Jones was a customer at the Tri-Circle D Ranch for the purpose of going on a hors...
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OPINION This motion for summary judgment requires the court to pass upon the binding effect of a stipulation of the parties as to the law governing the interpretation of their contract. Defendant Potter & Brumfield is an Indiana-based manufacturer of electrical products. Plaintiff Southern International is a Puerto Rican corporation. By agreement dated April 2, 1969, plaintiff became...
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MEMORANDUM This suit was instituted on December 15, 1975, by two shareholders of G. P. Putnam’s Sons (Putnam), allegedly on behalf of themselves and shareholders of Putnam entitled to vote at a shareholders’ meeting which was held on December 18, 1975. At the meeting, a proposal was adopted upon favorable vote of the holders of more than two-thirds of Putnam’s stock to merge Putnam with the wholly...
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409 F. Supp. 1046 (1976) Marien E. DURST and G. Chester Durst, Executors of the Estate of John E. Dieteman, Deceased v. UNITED STATES of America. Civ. A. No. 75-67 Erie. United States District Court, W. D. Pennsylvania. March 18, 1976. *1047 William F. Illig, Erie, Pa., for plaintiffs. Blair Griffith, U. S. Atty., Pittsburgh, Pa., Archie Parnell, Trial Atty., Tax Div., Dept. of Justice, Washingto...
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OPINION This case involves an immunized witness who was jailed for contempt and subsequently indicted for activities related to those about which he refused to testify.1 He has petitioned the court for release from incarceration or, in the alternative, to have the indictment dismissed. I conclude that he is not entitled to either remedy, and therefore relief must be denied. On March 24, 1975, peti...
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ORDER Came on this the 18th day of March, 1976, the motion of the defendants to dismiss the appeal taken in the above styled and numbered cause. In considering the motion the Court has once again reviewed the facts and issues raised in this case, in its desire to be certain that all the pertinent evidence has been presented and the proper conclusions reached. Having done so, this Court is satisfie...
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MEMORANDUM OPINION Petitioner Steven Frazier pled not guilty to an indictment charging him with murder and following a jury trial in the Circuit Court of Rockingham County, Virginia was found guilty of voluntary manslaughter for which he was sentenced to five years imprisonment. Petitioner appealed his conviction to the Virginia Supreme Court which on August 4, 1975 denied his petition for a wr...
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OPINION AND JUDGMENT Petitioner, South Boston General Hospital (hereinafter South Boston), has brought this action seeking review of a final determination by the Secretary of Health, Education and Welfare (hereinafter the Secretary). Jurisdiction was noted in an opinion by this Court on April 24, 1975. South Boston General Hospital v. Weinberger, 397 F.Supp. 360 (D.C.Va.) The facts of the c...
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MEMORANDUM AND ORDER INTRODUCTION This is an action Jby a number of American citizens and organizations and one Austrian citizen, residing in West Berlin or the Federal Republic of Germany [FRG], who challenge certain of the United States Army’s intelligence activities. The plaintiffs are the Berlin Democratic Club [BDC], which among other activities supported Senator McGovern for pr...
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OPINION Plaintiff railroads have moved this court to require the Interstate Commerce Commission to comply with a judgment and injunction previously entered by this court in Central of Georgia Railroad Co., et al. v. United States, et al., 379 F.Supp. 976 (D.D.C.1974), aff’d sub nom. United States Clay Producers Traffic Association v. Central of Georgia Railroad Co., 421 U.S. 957, 95 S.Ct. 1...
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MEMORANDUM OF DECISION This civil rights action, brought by an inmate at the Connecticut Correctional Institution at Somers, Connecticut, challenges the procedures adopted by the Department of Correction for screening incoming mail. The action is brought pursuant to 42 U.S.C. § 1983 (1970), and jurisdiction exists pursuant to 28 U.S.C. § 1343(3) (1970). The defendants, sued in both their indi...
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Defendants Parham, Skelton and Smith, individually and as officials of the Department of Human Resources of the State of Georgia, have moved this district court of *142 three judges 1 to stay its entire order of February 26, 1976, and the judgment entered March 11, 1976, pending their appeal to the Supreme Court of the United States. For grounds they urge: “1. A sta...
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OPINION This is a civil action seeking a review and reversal of a decision of the Secretary of Health, Education and Welfare, denying disability insurance benefits to the plaintiff. The cause of action is based on 42 U.S.C.A.' § 405(g). The matter came before the Court on the Secretary’s motion for summary judgment. A certified copy of the administrative record was filed in support of the motion. ...
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SUPPLEMENTAL OPINION On December 19, 1975 I filed an opinion holding that plaintiff FLM Collision Parts, Inc. is entitled to injunctive relief and damages under Section 2(a) of the Clayton Act, as amended by the Robinson-Patman Anti-Discrimination Act, 15 U.S.C. § 13(a). I stated that a supplemental opinion would be issued on the amount of damages to be awarded following completion of the...
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This is a motion by plaintiffs for an order (a) “certifying” (determining) that this action may be maintained as a class action (Fed.R.Civ.P. 23(c)(1)) and (b) granting a preliminary injunction restraining the alleged unlawful enforcement of Section 360.5(e) of Title 18 of the official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR). 1. In 1965, Congress added a n...
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This suit by prisoners in New York State correctional facilities challenges the standards and methods by which the New York State Board of Parole (Parole Board) grants or denies parole on the ground that they are so arbitrary as to violate the requirements of due process. At issue is the constitutionality of the statute (on its face and as applied) which specifies the basis for parole release, ...
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MEMORANDUM OPINION ON MOTION FOR SUMMARY JUDGMENT This action was brought by the Secretary of Labor of the United States Department of Labor pursuant to Section 402 of the Labor Management Reporting and Disclosure Act (“LMRDA”), 29 U.S.C. § 482. In the complaint, plaintiff alleges that the defendant union during the course of its 1971 election of officers committed various violations of Section 40...
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ORDER Plaintiff Cook brought this action for personal injuries allegedly sustained while employed by Defendant railroad when the train in which he was serving as conductor collided head-on with a train proceeding in the opposite direction. The collision occurred September 1, 1974 near Mustang in Canadian County, Oklahoma. The action was brought pursuant to the Federal Employers’ Liability Act (FEL...
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MEMORANDUM Plaintiff Howard Jackson, a citizen and resident of the Middle District of Tennessee, sues defendants Tennessee Valley Authority (TVA) and Ickes-Braun Glasshouses, Inc. (IBG) in the amount of $1,000,000.00 for personal injuries which he received in an accident at defendant TVA’s Cumberland Steam Plant in Cumberland City, Tennessee. Defendant TVA is a wholly owned federal corpor...
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MEMORANDUM This is an action for review of the final decision of the Secretary of Health, Education and Welfare pursuant to the Federal Coal Mine Health and Safety Act, 30 U.S.C. § 901 et seq. Before the Court is plaintiff’s motion for summary judgment in which he contends that the Secretary’s decision denying benefits is not supported by substantial evidence. Plaintiff is a seventy-four ye...
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MEMORANDUM OPINION AND ORDER This suit is brought by the Airline Flight Attendants in the service of Texas International Airlines, Inc., as represented by the Air Line Pilots Association, International (hereinafter referred to as the “Flight Attendants”) who seek to enjoin alleged violations of the Railway Labor Act, 45 U.S.C. § 151, et seq., by defendant Texas International Airlines, Inc. (herei...
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OPINION AND ORDER This matter is before the Court for disposition on its merits pursuant to a stipulation of facts entered into by the parties. The Court has received legal memoranda from the parties and is of the opinion, after receiving the memoranda, that oral argument would not be helpful in reaching a decision in the case. Oral argument, therefore, is dispensed with in accordance wit...
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MEMORANDUM Plaintiffs, who sue pursuant to 42 U.S.C. § 1983 on behalf of all recipients of public assistance in the State of Virginia, challenge the constitutionality of certain procedures relating to the administration of welfare programs. Plaintiffs seek declaratory . and injunctive relief. Defendants include several state and local officials charged with administering ‘the welfare programs in t...
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OPINION Before GODBOLD, Circuit Judge, and JOHNSON and VARNER, District Judges. This class action concerns the constitutionality of several practices claimed to prevail in the Municipal Court of Montgomery, Alabama, and the constitutionality of Alabama statutes that relate to those practices. These are the alleged practices in question: (1) requiring a convicted defendant to fur...
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MEMORANDUM AND ORDER The defendants in this case have moved for summary judgment; the plaintiff opposes. This is an action by Patricia Schliep for actual damages which the defendants allegedly caused her deceased husband August Schliep and for punitive damages. The case was originally brought by her husband, but he died unexpectedly about five months afterward. The defendants, Messrs. Jaskiew...
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MEMORANDUM ORDER On June 4, 1975, a final amended judgment was entered in the above-captioned matter. The judgment permanently enjoins the defendant, Interstate Commerce Commission (ICC), from holding hearings in ICC Finance Docket Nos. 27620 and 27621 unless and until the ICC has “established procedures for the preparation of an environmental impact statement complying with the requirements of t...
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ORDER OF DISMISSAL The plaintiff, Charles Ross Carino, brings this action pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) and (4), seeking a temporary injunction, which would restrain the Governor of Connecticut from effecting the plaintiff’s extradition to the State of New Jersey, where he has been indicted on charges of bribery, conspiracy, obstructing justice, uttering a forged check and ...
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FINDINGS I. The parties, the action and the issues 1. Plaintiff Nationwide Chemical Corporation (hereinafter “Nationwide”) was incorporated in Florida with a principal place of business at 2209 Fowler Street, Fort Myers, Florida 33902. Since the institution of this litigation, Nationwide was converted to a trust, the trustee being The First National Bank in Fort Myers, a co-pl...
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MEMORANDUM AND ORDER This cause is before the court on the motion of plaintiff World’s Finest Chocolate, Inc. for entry of an order holding defendant World Candies, Inc. in civil contempt and for other relief. For the reasons hereinafter stated, the motion shall be granted. FINDINGS OF FACT On January 13, 1969, World’s Finest Chocolate, Inc., an Illinois corporation, filed a com...
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In an opinion filed on June 20, 1975, this Court certified a class of plaintiffs pursuant to Federal Civil Rule 23(b)(2). 1 Thereafter, all members of that designated class were sent certain notice documents previously agreed upon as to form by counsel, which documents notified each of those class members of the pendency of this case and afforded to each such person the opportunity t...
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OPINION Defendant, New York University, moves to dismiss the complaint pursuant to Fed.R. Civ.P. 12(b) and 56(b) on the ground that (a) the Court lacks jurisdiction over the subject matter of the action, (b) the complaint fails to state a claim on which relief can be granted, and (c) defendant is entitled to judgment as a matter of law. Plaintiff, Doris Guerriero Stewart, is white. S...
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*1210 MEMORANDUM OPINION AND ORDER Petitioner, William Vitoratos, is presently incarcerated at the Southern Ohio Correctional Facility (hereinafter SOCF). Petitioner, proceeding pro se pursuant to 28 U.S.C. § 2241 et seq., seeks his release through a writ of habeas corpus which challenges the revocation of his parole by the Ohio Adult Parole Authority (hereinafter Authority). It appears t...
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OPINION AND ORDER Defendant has filed a Motion to Dismiss the Indictment and Strike the Petit Jury Array. In substance Defendant contends that the composition of the jury in this District violates 28 U.S.C. § 1861 et seq. and the Fifth and Sixth Amendments of the Constitution of the United States, because it is claimed that in Puerto Rico the English language requirements of 28...
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MEMORANDUM. The motions before me for consideration are a motion for summary judgment by defendants Great American Insurance Company (GAIC) and Bradley & Francois, Inc. (BFI) and one for leave to file an amended complaint by plaintiff Emanuel. I will deal with these motions in reverse order. Defendants, in their memorandum in opposition to plaintiff’s motion for leave to file an amended complaint,...
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OPINION This wrongful death action, based upon the Federal Tort Claims Act, 1 came on for *44 trial on February 13, 1976. At the conclusion of plaintiffs’ case-in-chief, defendant United States moved for dismissal pursuant to Fed.R.Civ.P. 41(b) asserting that this action must fail as a matter of law in that plaintiffs have not made out a prima facie case under California state law and furth...
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MEMORANDUM AND ORDER This cause is before the court on the petition of Glenn Greenwood, Amy Greenwood, Ruth Greenwood and Florence Green (Greenwood plaintiffs) for payment of fees to reimburse their expert Milton L. Meigs. For the reasons hereinafter stated, the petition shall be denied. This litigation was initially proposed for settlement in 1974. Class counsel were repeatedly advised by Glenn G...
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MEMORANDUM AND ORDER This cause is before the court on the petition of attorneys for plaintiffs and the plaintiff class for an award of $300,-000 in counsel fees and for reimbursement of $32,145.63 as out-of-pocket expenses incurred in the above captioned litigation which pursuant to agreement and court approval has been settled. For the reasons hereinafter stated, petitioners shall be al...
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Rodric Gilstrap institutes this action to recover overtime compensation allegedly due him under the provisions of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. Jurisdiction of this matter is conferred upon the Court by the provisions of 28 U.S.C. § 1337. Plaintiff claims that during his employment with Synalloy Corporation, he worked numerous hours in excess of the forty hour work week ...
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ORDER DENYING MOTION TO SUPPRESS Defendant Scotten has moved to suppress the testimony of John Byron, claiming it to *257 have been the fruit of the illegal search of the Santa Rosa Mini Warehouse and the exploitation of the evidence there obtained in the interrogation of Byron by DEA officers. As a consequence of such interrogation, Byron confessed and agreed to become a Government witness i...
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OPINION Plaintiff is a citizen of the United States who was born in Puerto Rico and who is fluent in Spanish, but who, according to his complaint, “speaks virtually no English and cannot read, nor write English.” He claims that he was unlawfully deprived of unemployment insurance benefits by defendants, officials of the State of New York and the State Department of Labor, because all materials pe...
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*940 MEMORANDUM DECISION Before CRAVEN, Circuit Judge, BUTLER, Senior District Judge, and DUPREE, District Judge. This is a suit brought pursuant to 42 U.S.C. § 1983 to redress the deprivation of constitutional rights by officers of the state acting under color of state law. The plaintiff’s corporate name is said by its counsel to be a misnomer. Permission to operate as a tr...
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OPINION AND ORDER This is a civil rights action brought for declaratory and injunctive relief against various public officials who administer the Columbus Public Schools, Columbus, Ohio. The cause of action arises under 42 U.S.C. § 1983 and the First and Fourteenth Amendments to the United States Constitution. Jurisdiction lies here pursuant to 28 U.S.C. § 1343(3). This matter is before the Cou...
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ORDER This is a proceeding for writ of habeas corpus by the above-named petitioner, a federal prisoner at the Federal Reformatory, El Reno, Oklahoma, in the Western Judicial District of Oklahoma. In his Petition he attacks the validity of a detainer lodged by the State of Utah with the respondent, Irl E. Day, Warden at the Federal Reformatory and claims that the allegedly invalid detainer is ad...
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OPINION This is a diversity action tried to the Court in which the Plaintiff Real Estate Agency seeks a commission from Warren A. McFadden for the efforts it expended in connection with McFadden’s acquisition of two properties in the Pittsburgh area. Judgment will be entered in favor of the Defendant. I. HISTORY. The Methodist Church Union (MCU) is a non-profit Pennsylvania corporation which carr...
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MEMORANDUM AND ORDER The plaintiffs1 in this case are Committee for Full Employment by James Tarlau, Trustee Ad Litem, and James Carr, individually and on behalf of other persons who are unemployed and face mortgage foreclosure actions. The defendants are United States Department of Housing and Urban Development and its Secretary, Carla A. Hills. (Both of these federal defendants will be referred ...
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OPINION and JUDGMENT This is an action for damages pursuant to 42 U.S.C. § 1983 brought by a former prisoner at the Page County Jail against the Sheriff of this county. The plaintiff charges that he was isolated for a period of fifteen days without any charge being levelled against him or any probable cause for such incident. He asserts the loss of certain privileges and seeks the sum of ten thous...
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MEMORANDUM OPINION This class action on behalf of all women who have been employed, are employed, or are to be employed in the future, or who are applicants for employment with the City of Montgomery Police Department was tried to the Court on January 12,1976. The submission is upon the pleadings, testimony and exhibits thereto, stipulation of facts and the briefs and arguments. This Court has ...
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ORDER GRANTING SUMMARY JUDGMENT This matter comes before the Court on the motion of plaintiff Delta Lines, Inc. (“Delta”), for summary judgment. The action was originally brought in the Superior Court of the State of California for the City and County of San Francisco, but was removed to this Court on January 28, 1975, by petition of defendant Brotherhood of Teamsters and Auto Truck Drive...
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MEMORANDUM ORDER This court ordered sua sponte that a hearing be held pursuant to Rule 23(c)(1) of the Federal Rules of Civil Procedure to determine whether this case may properly be maintained as a class action. The parties briefed the issue and appeared and argued the class action aspects of this case. For the reasons stated below, the court finds that this action cannot be maintained as a clas...
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OPINION AND ORDER On October 30,1975, a criminal complaint was filed in state court against Michael D. Nevin alleging that he had violated Section 14403 of the California Elections Code by having illegally voted by absentee ballot in San Francisco, California, on October 29, 1974, for an election conducted on November 5,1974. Section 14403 of the California Elections Code provides in pertinent pa...
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MEMORANDUM OF OPINION This suit for patent infringement was brought by plaintiff Koratron Company, Inc. (Koratron), against defendant Lion Uniform, Inc. (Lion). Lion raised a number of defenses, including the invalidity, limited scope, and misuse of the Koratron patent. This case is now in the second stage in a bifurcated proceeding involving exceedingly complex patent and antitrust questions. ...
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MEMORANDUM AND ORDER This case involves a relatively narrow legal question: Were the meetings held on April 9 and September 17, 1975 between Food and Drug Administration (FDA) officials and representatives of the Cosmetic, Toiletry and Fragrance Association, Inc. (CTFA, Intervenor) advisory committee meetings within the meaning of the Federal Advisory Committee Act (FACA, Act), 5 U.S.C. A...
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MEMORANDUM ORDER This Court is called upon to issue a preliminary injunction prohibiting the defendants from taking any action that would allow the Concorde, a supersonic jet aircraft, to land at Dulles International Airport (Dulles) or John F. Kennedy International Airport (JFK) without the federal government having first promulgated supersonic aircraft noise regulations under Section 611 of t...
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OPINION On May 9, 1972, in the course of executing a search warrant, FBI agents seized $9,643.75 in cash from various parts of plaintiffs’ home. After termination of the criminal proceedings against plaintiffs on May 15, 1974, plaintiffs’ counsel wrote to the United States Attorney for the District of Delaware on September 6, 1974, demanding return of “cash amounting to approximately $10,-000 [...
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MEMORANDUM OPINION This is a diversity action in which Preferred Risk Mutual Insurance Company (Preferred Risk) seeks declaratory relief respecting its rights and liabilities under an automobile insurance policy it issued to Samuel A. Poole. Joined as defendants in the action, in addition to the named insured, are George William Cuts-hall, administrator of the estate of Vernon Jerome Love...
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MEMORANDUM AND ORDER Defendant moves to dismiss the complaint on grounds of res judicata, claiming that all issues tendered by the instant complaint have been decided adversely to plaintiff in a previous action between the same parties having the same caption and bearing Index No. 69 Civ. 1939, D.C., 421 F. Supp. 1208. The complaint in the 1969 action was dismissed after a bench trial. After plai...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action was filed by the plaintiff to recover the proceeds of a life insur *1266 anee policy issued by the defendant Nationwide Life Insurance Company. The Court makes the following Findings of Fact and Conclusions of Law pursuant to Rule 52 of the Federal Rules of Civil Procedure. FINDINGS OF FACT 1. The Plaintiff, Caroline H. Annett, is the wi...
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OPINION AND ORDER This is a civil action wherein Plaintiff Lawrence Systems, Inc. (hereinafter called “Lawrence”), a corporation engaged in a field warehousing and accounts receivable operation with principal offices in San Francisco, California, is asserting a claim against Defendants Ubaldino Ramírez de Arellano and Franz Philippi (hereinafter called “Defendants”), individual persons who are res...
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The plaintiffs seek by this action to enjoin the enforcement of the South Carolina State Senate Reapportionment Act of 1972 (described as Act 1205 in the complaint) 1 on the ground that such Act has never been validated as required by § 5 of the Voting Rights Act of 1965, § 1973c, 42 U.S.C. 2 The background of the legislation under review and the litigation surrounding it ...
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MEMORANDUM OPINION AND ORDER This is an action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. [“the Act”], and under 42 U.S.C. § 1981, alleging racial and sexual discrimination in employment. Defendant has filed a motion to strike Plaintiff’s allegations with respect to sex discrimination Plaintiff, a Negro woman, was dismissed from the employ o...
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*1098 MEMORANDUM OF DECISION These two consolidated actions are brought for injunctive and declaratory relief under the Rivers and Harbors Act of 1899 (33 U.S.C. § 401 et seq.) and the Federal Water Pollution Control Act of 1972 (33 U.S.C. § 1251 et seq.). In No. 72-561, plaintiffs Sierra Club and Save San Francisco Bay Association, conservation organizations, and plaintiff ...
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MEMORANDUM OPINION This is an action in which plaintiff Green Miller, Jr., charges the defendants with discrimination in housing. The action is brought pursuant to the Civil Rights Act of 1866, 42 U.S.C. §§ 1981 and 1982, and the Fair Housing Act of 1968, 42 U.S.C. § 3601, et seq. The case is before the Court for a determination of the res judicata effect upon the in...
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409 F.Supp. 600 (1976) UNITED STATES of America v. Stanley Arthur LOCKE, Defendant. Crim. No. 4-75-36. United States District Court, D. Idaho. March 11, 1976. *601 *602 Dan E. Dennis, Asst. U. S. Atty., Boise, Idaho, for plaintiff. William W. Becker, Pocatello, Idaho, for defendant. FINDINGS, CONCLUSIONS AND JUDGMENT OF GUILT MEMORANDUM DECISION J. BLAINE ANDERSON, District Judge. Defendant Loc...
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MEMORANDUM OPINION Plaintiff The Lincoln National Bank, asserting that it has been defrauded in several transactions concerning defendant Lampe, has brought this action against Lampe and others under various provisions of federal securities law and in an action for common law fraud. Count I is based on Section 17 of the Securities Act of 1933 (15 U.S.C. § 77q), 1 Section 1...
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RULING ON MOTIONS Pending before this court are a large number of motions to dismiss or strike portions of the amended complaint. These have been filed by various Defendants in this protracted civil rights litigation and they will be dealt with individually so as to avoid confusion. FACTS This case involves the contract sale of new housing in the Chicago area. The Plaintiffs are ...
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MEMORANDUM AND ORDER This is an appeal from defendants’ convictions for violation of the Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301 et seq. (1970). Defendants’ convictions followed a trial before the Honorable Ronald E. Longstaff, United States Magistrate for the Southern District of Iowa, pursuant to 18 U.S.C. § 3401 (1970). The scope of review by a district court fol...
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MEMORANDUM OPINION AND ORDER On or about January 30, 1975, plaintiffs filed an amended complaint. Said complaint contains three separate counts and each count sets forth a separate and distinct theory upon which plaintiffs allege damage and taking of property by defendant, United States. In Count One, plaintiffs allege that this action may be brought pursuant to Title 28, United States Code, ...
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MEMORANDUM AND ORDER The plaintiffs’ motion for a preliminary injunction was denied by the court by order dated February 24, 1976. Presently before the court are the motions of the defendants to dismiss the complaint based on lack of subject matter jurisdic *1299 tion and failure to state a claim upon which relief can be granted. As a part of its consideration of this matter, the court has ...
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MEMORANDUM OPINION This diversity action was brought by the plaintiff, Willie George McGowan, a resident citizen of the state of Mississippi, against St. Regis Paper Company, Inc., a nonresident corporate defendant qualified to do business in the state of Mississippi, seeking compensation for injuries and damages suffered by him on July 26,1972 while unloading wood chips for his employer,...
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OPINION ON MOTION TO DISMISS AND FOR OTHER RELIEF Defendants have moved to dismiss the complaints in these shareholders’ derivative actions on the ground that 1) they fail to state a claim under the Securities Exchange Act of 1934, and 2) they fail to plead the circumstances constituting the alleged fraud with particularity. Rules 12(b)(6), 9(b), Fed.R.Civ.P. Alternatively, defendant...
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*1241 MEMORANDUM AND ORDER The motions to dismiss in the two above named cases involve identical legal issues. Since the underlying facts are likewise identical, both motions are considered in this opinion. Before examining the legal issues involved, a brief recitation of the facts is necessary. Messrs. Cullinan and Meyer were long-standing members of the Nassau County Police Department whe...
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OPINION The plaintiffs, American Dietaids Company, Inc. and its subsidiary U.S. Nutrition *693 Products Corp. (both are collectively referred to hereinafter as “American Dietaids”) have sued for a declaratory judgment that (1) their trademarks do not infringe defendant Plus Products’ trademark and (2) Plus Products is estopped by laches from asserting any trademark rights it ...
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MEMORANDUM OPINION ON CROSS MOTIONS FOR PARTIAL SUMMARY JUDGMENT This is an action under the Federal Employers’ Liability Act, 45 U.S.C. § 51, et seq. and the Safety Appliance Act and Locomotive Boiler Inspection Act, 45 U.S.C. § 1, et seq. to recover for injuries sustained by plaintiff, an employee of the defendant Baltimore and Ohio Railway Company. Before the Cour...
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OPINION Plaintiff has filed this action alleging that she was fired from her job as Director of Personnel and Director of Job Placement at the National School of Health Technology (“National”) because she was obtaining a divorce. Plaintiff alleges that National has a policy of firing and refusing to hire divorced women but that divorced men are not similarly discriminated against. Defendants ar...
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MEMORANDUM This suit was started in the Court of Common Pleas of Delaware County, in equity. Defendant removed the action to this court and plaintiff has moved to remand. We will grant the motion. Plaintiff was or is an employee of defendant. He suffered an injury, unrelated to his work. His suit seeks to invoke the equity power of the court to compel the defendant to provide him with medical bene...
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OPINION This matter is before me on two petitions presented by the United States and Joseph A. Hopper, Special Agent for the Internal Revenue Service, to enforce compliance with two summonses directing the respondents, Mellon Bank, N. A. and James C. Karras, Vice President, to appear and produce desired financial information in its possession of two taxpayers, Gurrentz International Corpo...
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MEMORANDUM OPINION AND ORDER Vintage Imports, Ltd. (hereinafter “Vintage”), a duly licensed wholesale wine distributor, alleges that Joseph E. Seagram & Sons, Inc. (hereinafter “Seagram”) and Gold Seal Vineyards, Inc. (hereinafter “Gold Seal”) ceased selling Vintage its products in derogation of its obligations pursuant to Section 4-80.2 Code of Virginia (1950, as amended). Vintage filed ...
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MEMORANDUM OPINION AND ORDER This matter is before the court on appeal by the United States from orders entered by the bankruptcy judge in the separate cases. Because the issues presented and the orders appealed from here are identical, these two cases have been consolidated on appeal from the orders denying the relief requested by the United States. *409Armadillo Manufacturing Co. filed a volunta...
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MEMORANDUM AND ORDER This matter is now before the Court on Richard Nixon’s Motion to Quash Subpoena Duces Tecum, and plaintiffs’ opposition thereto. This class action grows out of the arrest of approximately 1200 persons on the steps of the U. S. Capitol during the “Mayday Demonstrations” in 1971. Plaintiffs, persons among those so arrested, seek damages for alleged deprivations of various civil ...
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RULING ON MOTION On July 19, 1974, Plaintiff initiated this action by filing a four-count complaint alleging that Defendants, by means of a television commercial, had misrepresented the qualities of their own and Plaintiff’s hair rinse products. In November 1974 Plaintiff amended the complaint by adding an allegation of conspiracy and two counts under the Sherman Act. Plaintiff now mo...
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MEMORANDUM OPINION This case comes before the Court on the motion by the plaintiffs for a preliminary injunction and on the motion by the defendants to dismiss. Plaintiffs here have alleged that the defendants, who were Assistant Attorneys General for the Commonwealth of Kentucky when the matter was filed in this Court on October 14, 1975 (defendant Byrne stated in open court that he is n...
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MEMORANDUM AND ORDER The primary issue raised by this motion to dismiss is whether extraterritorial service of process on a West German corporation, with no demonstrated contacts with this district, is permissible where plaintiff alleges it has conspired to violate the antitrust laws. Plaintiff contends that defendant Mannesmann Aktiengesellschaft (MAG) was properly served under § 12 of t...
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OPINION AND ORDER In this action in inverse condemnation, the court has, in separate findings, determined that the defendants have taken plaintiff’s private property without just compensation, in violation of 25 U.S.C. § 1302(5) 1, and has fixed the damages. The court has jurisdiction under 28 U.S.C. § 1343(4). Howlett v. Salish & Kootenai Tribes, 529 F.2d 233 (9th Cir. 1976); Luxon v. Rosebud Si...
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DECISION and ORDER Before LUMBARD, Circuit Judge, and DOOLING and NEAHER, District Judges. Following the earlier decision in this case (347 F.Supp. 496), the taking of the appeal from that decision, and the Supreme Court’s decisions in Roe v. Wade, 1973, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 and Doe v. Bolton, 1973, 410 U.S. 179, 93 S.Ct. 739, 35 L.Ed.2d 201, the Supreme Court affirm...
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Plaintiffs move for summary judgment against defendant Robert Schnitzer. They also move to strike the affirmative defense of defendant Galaxy Enterprises, Inc. (Galaxy) that the complaint be dismissed for failure to state a claim upon which relief may be granted. Defendant Galaxy cross moves for summary judgment contending that there is no question of fact as to its vicarious liability for the ac...
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Memorandum of Decision and Order Petitioner was convicted of the crimes of felony murder, attempted robbery in the first degree and attempted grand larceny. N.Y. Penal L. §§ 125.25(3), 110.00/160.15 and 110.00/155.30 (McKinney 1975), in Supreme Court, Kings County, in 1973. Petitioner was sentenced to concurrent terms of fifteen (15) years to life on the murder *2charge, ten (10) years on the atte...
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MEMORANDUM TO ORDER ENTERED FEBRUARY 26, 1976 Presently pending before the Court are the appeals of several creditors of the Gilchrist Company (Debtor) from an order of the bankruptcy judge confirming a Plan of Arrangement. For the reasons set forth in the opinion of the bankruptcy judge and for the additional reasons set forth in this memorandum, we have affirmed the aforesaid order of t...
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OPINION Presently before the Court is a motion filed by six Providence Journal Company reporters who seek a protective order against the plaintiffs’ taking their depositions and an order quashing certain subpoenas duces tecum.1 The instant motion is incidental to a civil action brought to enjoin officials of the State of Rhode Island from enforcing a statute authorizing the Director of the Depart...
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DECISION and ORDER The defendants have moved for dismissal and, alternatively, for summary judgment. The complaint avers that the plaintiff was removed from his employment by the defendants without due process of law. The plaintiff was the city clerk of the city of Franklin and had held such position since 1966. In September, 1972, he was suspended from office, and a hearing was held in November, ...
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MEMORANDUM OPINION In this action plaintiff, David R. Merrill, charges the defendant, Federal Open Mar *497 ket Committee, with violating the Freedom of Information Act (FOIA), 5 U.S.C. § 552, by refusing to promptly make available certain of its records. The case is before the Court upon plaintiff’s motion for summary judgment and defendant’s cross-motion for summary judgmen...
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PRE-TRIAL RULING NO. 17 Plaintiff SCM has moved pursuant to Rule 37, Fed.R.Civ.P., for an order compelling responses to numerous interrogatories, deposition questions, and document requests; defendant Xerox claims the attorney-client privilege. The assertion of privilege arises in several different contexts. Xerox-Rank Organisation Negotiations The first context concerns negotiations between Xer...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT 1. When this action was filed, John Martin Craig was the Chief Deputy United States Marshal for the District of Kansas having held that position since July 1, 1954. Subsequent to Craig’s appointment as Chief Deputy United States Marshal for the Federal District of Kansas in 1954, his position was converted to the Classified Civ...
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ORDER This is a simple matter involving an alleged evasion of F.R.Crim.P. 6(d) by the government in their prosecution of the defendants for the alleged violation of 18 U.S.C. §§ 1462 and 2. F.R.Crim.P. 6(d) provides: “Attorneys for the government, the witness under examination, interpreters when needed and, for the purpose of taking the evidence, a stenographer or operator of a recording device ma...
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I. Graves Motors, Inc., a Memphis wholesale used car dealer, held NSF checks issued by Park Auto Sales, a retail used car dealer, for five used cars sold by Graves to Park. 1 Shelton, the president and controlling stockholder of Park, came to see Graves, the owner of Graves Motors, at Graves’ behest. In order to settle the check claim, Shelton executed a bill of sale conveying to Graves Motor...
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*789TRANSFER 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. In light of the fact that all parties generally agree on the desirability of Section 1407 treatment for this litigation, and upon consideration of the papers submitted, the Panel has found that the action...
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OPINION On the afternoon of September 5, 1975, New York City Patrolman Saverio Alesi arrested the defendant, Vincent Anthony Magda, for possession of a marijuana cigarette. At the time of his arrest Magda also had on his person an unloaded 9mm. Browning automatic revolver and a “demand note,” the text of which is set out in the margin. 1 Handwriting analysis of the note linked M...
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OPINION Defendants have moved, pursuant to Rule 56, F.R.Civ.P., for summary judgment on the grounds of res judicata. For the reasons set out below, the motion is granted. Prior Proceedings This is an action for brokerage commissions brought by plaintiff Weston Funding Corp. (“Weston”), a New York corporation, against defendants Lafayette Towers, Inc. (“Lafayette”),...
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OPINION This is a civil proceeding involving a lease agreement between the plaintiff, *672 Arcon Development Corporation, and the defendant, United States of America, 1 with jurisdiction founded in part upon the Tucker Act, 28 U.S.C.A., § 1346(a)(2) which provides in pertinent part: “(a) The district courts shall have original jurisdiction, concurrent with the Court of Claims, of: (2) A...
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OPINION The protagonists in this case are the C. G. Grant Construction Corporation *461(Grant), the Hanover National Bank of Wilkes-Barre, Pennsylvania (Bank), its President, Russell Gardner, the American Empire Insurance Company and its agent, Morton F. Hulse. On October 15, 1973, Grant was substantially indebted to the Bank in connection with the financing of various construction projects. On o...
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MEMORANDUM OPINION This matter is presently before me in these consolidated actions on the petition of the original defendants and third-party plaintiffs, Clark Equipment Co., Euclid, Inc. and General Motors Corp., to reconsider my memorandum and order of October 20, 1975, granting the motion of the United States to dismiss the third-party complaints against them. The suit arises from injuries all...
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MEMORANDUM This civil action was filed on July 27, 1973, by plaintiffs Barbara Crawford, Debra Faye Henderson, and Naomi Watson, individually and on behalf of all others similarly situated, against the Metropolitan Development and Housing Agency, and Jack D. Herrington, Executive Director, and the United States Department of Housing and Urban Development and James T. Lynn, Secretary of the Depa...
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MEMORANDUM OPINION The above case came on to be tried before the court without a jury on the 28th day of January, 1976, with the attorney for each party appearing and announcing ready for trial. After hearing and considering the evidence, the pleadings, the arguments and briefs of counsel, the court files this memorandum opinion which shall constitute the court’s findings of fact and conc...
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DECISION AND ORDER In this criminal case the defendant, Peter F. Picciurro, is charged in a two-count indictment with willfully and knowingly filing false and fraudulent income tax returns for the calendar years 1968 and 1969 in an attempt to evade income taxes owed by him to the United States. The defendant has filed numerous pretrial motions which will be taken up in turn below. The Dismis...
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MEMORANDUM OPINION AND ORDER These cases are related civil rights actions against the City of Elmhurst, Illinois, and *638certain employees of that city. The cases involve conduct in May 1974 involving “Lake ’n Toll,” a so-called “adult” bookstore. Jodie Bezdek, plaintiff in 75 C 1765, was an employee of Lake ’n Toll and Michael Rogers, plaintiff in 75 C 1766, was an owner of Lake ’n Toll. The gra...
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410 F.Supp. 1024 (1976) Linda ALCALA et al., Plaintiffs, v. Kevin J. BURNS, Individually and in his capacity as Commissioner of the State of Iowa Department of Social Services, and Michael Ryan, Individually and in his capacity as Director of the Scott County Department of Social Services, Defendants. Civ. Nos. 73-86-2 and 73-110-2. United States District Court, S. D. Iowa, C. D. March 8, 1976. *...
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MEMORANDUM AND ORDER Defendant Sidarma has moved for summary judgment in this matter. Oral argument was heard on October 1, 1975, after which the Court took the motion under submission. FACTS Plaintiff, Rachael Cummings, has instituted suit as the representative of the estate of her deceased husband, Preston Cummings. On June 5, 1973, decedent was employed by T. Smith and Son as a longshoreman. Hi...
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Memorandum and Orders This case came on to be heard on the objections to two claims made under the Securities Investor Protection Act (Act), 15 U.S.C. §§ 78aaa et seq., one claim by Stephen Pappas, and the other by F. L. Putnam & Company, Inc. The objections to the claims were made by the trustee appointed by the court under 15 U.S.C. § 78eee(b)(3). Both claims depend upon cons...
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MEMORANDUM (Review Panel Functions) A significant issue arose at the court hearing on February 10, 1976 concerning the function of the Review Panel, whether it is confined to post-audit powers as suggested by defendants, or whether it may function in respect to policies at Willowbrook before they are developed and implemented. Facts The post-audit question touches on many aspects of t...
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MEMORANDUM This is an action to compel the specific performance of a contract and for an accounting and money damages. The action was commenced by an Order of Attachment dated October 14, 1975, at-' taching $8,000. of the funds of defendantFairfield County Co., Ltd. and $486,000. of the funds of the defendant Incontrade, Inc. On October 20, 1975, a consent order was entered directing defendants...
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MEMORANDUM ORDER This matter is before the Court on motions of the defendant, Hardee’s Food Systems, Inc. (Hardee’s), to dismiss the complaint for lack of subject matter jurisdiction and for summary judgment. Jurisdiction is predicated upon 28 U.S.C. §§ 1337 and 1343(4) and 42 U.S.C. § 2000e-5(f). Plaintiff alleges violations by Hardee’s of 42 U.S.C. § 1981 and 42 U.S.C. § 2000e, et...
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ORDER This is a proceeding for Writ of Habeas Corpus by a federal prisoner at the Federal Reformatory, El Reno, Oklahoma, to which the respondents have filed a Motion to Dismiss. The petitioner claims that he is entitled to immediate release or other appropriate habeas relief because of errors in the determination of his parole eligibility and because the conditions of his confinement and...
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OPINION INTRODUCTION This is an action to recover damages for violation of the Oregon Securities Law. Plaintiffs, Stuart R. Stimmel and Esther Stimmel, are citizens of Oregon. Defendant, Shearson, Hammil & Co., Incorporated, is a Delaware corporation with its principal place of business in New York. Defendant is registered as a broker-dealer of securities in several states, including...
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OPINION In 1965, a jury found relator guilty of the murders of his wife, and business partner. His accomplice Frank Phelan, pleaded guilty to both murders and was the principal witness against relator. The petition alleges ten grounds in support of relief. The United States Magistrate concluded that all ten grounds were without merit and recommended dismissal of the petition without hearing. As...
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MEMORANDUM On 10 February 1976 defendants herein moved this Court to dismiss the above-styled action pursuant to Fed.R.Civ.P. 12(b). Jurisdiction is based on diversity of citizenship under 28 U.S.C. § 1332, this being a matter in controversy which exceeds the sum or value of $10,000 exclusive of inter *1137 ests and costs between plaintiff, a resident of Maryland and defendan...
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MEMORANDUM ORDER Plaintiff, Samuel B. Vinci, instituted this action for 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. Jurisdiction is founded on § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporated the provisions of § 205(g...
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MEMORANDUM This is a suit under the Freedom of Information Act, 5 U.S.C. § 552, against the Central Intelligence Agency and the Department of Defense. Plaintiffs seek to obtain certain material relating to the Glo-mar Explorer, . to wit the contract, and all other documents pertaining to the financial arrangements between or among the government of the United States, any agency thereof, Hughe...
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RULING ON MOTION TO SET ASIDE JUDGMENT The defendants, Robert Weiner and Weiner Brothers, Inc., have moved to set aside the default judgment previously entered in this case.1 The complaint was brought in April 1974 under Section 15(a)(2) of the Fair Labor Standards Act of 1938.2 It alleged that the defendants’ employees had been working over forty hours a week without receiving the time-and-a-hal...
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*925 MEMORANDUM OF DECISION This suit challenges on statutory and constitutional grounds the efforts of Connecticut’s Welfare Department to deter fraud and lessen the consequences of fraud on the state’s treasury. Plaintiffs have, launched a broad-based attack on the actions formerly taken by the defendant Commissioner of Welfare following the conviction for welfare fraud of a supervising rel...
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ORDER GRANTING MOTIONS TO DISMISS This cause came on for consideration upon the motions of defendants Hartford Accident & Indemnity Co., Federal Insurance Co., and Travelers Indemnity Co., to dismiss. The court, having heard oral argument, having considered the record and being fully advised in the premises, finds and concludes that the motions should be granted. The court has jurisdiction over t...
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ORDER DENYING MOTION FOR CHANGE OF VENUE This cause came on for consideration upon the motion of defendant for change *468 of venue. The court, having considered the record and being fully advised in the premises, finds and concludes that the motion should be denied. Defendants seek a transfer of this breach of contract action to the Western District of Wisconsin pursuan...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on motion of defendant Richard J. Daley for entry of a protective order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure. By this motion defendant seeks a Court order that his oral deposition not go forward at this time. Alternatively, defendant requests that discovery by plaintiffs be obtained by means other than oral d...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on plaintiffs’ motion to compel answers to written interrogatories. Plaintiffs seek answers to many interrogatories which defendants have not sought to contest in their responsive brief. The Court grants plaintiffs’ motion as to all interrogatories not specifically addressed by this opinion. *431Defendants object to the form of inter...
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DECISION and ORDER The plaintiff, who proceeds pro se, filed an “amended petition and complaint” against the defendants, an Indiana circuit court judge, the executor of the estate of John Franklin Johnson, the attorney for the same estate, a legatee of the estate, the Indiana state bar association and the American bar association. The complaint charges that the defendants have conspired, in violat...
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MEMORANDUM AND ORDER This is a class action brought under § 17(a) of the Securities Act of 1933 [15 U.S.C. § 77q(a) ] and pursuant to § 10(b) of the Securities Exchange Act of 1934 [15 U.S.C. § 78j(b) ] and Rule 10b-5 promulgated thereunder [17 C.F.R. § 240.10b-5]. We previously certified the case as a class action as to the federal claims only, and held that the state law claims were to proceed ...
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The plaintiffs purchased real estate from the defendant in a transaction subject to the Interstate Land Sales Full Disclosure Act, 15 U.S.C. § 1701 et seq. The transaction took place in two stages. First, the parties entered into an agreement to buy and sell. Such an executory contract is customary in Louisiana. Later, title to the property was conveyed in separate instruments, called acts of sal...
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OPINION This is an action in which the plaintiff seeks to have the Court declare unconstitutional subsection (b) of 38 U.S.C. § 3203, entitled “Hospitalized veterans and estates of incompetent institutionalized veterans,” on the ground that it discriminates against parents of incompetent veterans. It is alleged that the section “prohibits parents of incompetent veterans from obtaining the...
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OPINION This is a civil action filed in this Court on the basis of diversity of jurisdiction. It contains two counts, one sounding in contract and one sounding in tort. Plaintiff is a resident of Somerset, Massachusetts and defendant is a corporation organized under the laws of the State of New Jersey. The matter came before the Court on the basis of defendant’s motion to dismiss under Rule 12(b)...
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MEMORANDUM OPINION AND ORDER This is a patent case with a pendent claim for wrongful use of trade secrets. Following the close of the evidence, defendant moved the Court for a directed' verdict in his favor as to all factual issues relating to both counts. This motion was denied. The jury returned a general verdict for defendant on the trade secrets count. The issues regarding the patent claim we...
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OPINION AND ORDER Consumers Power Company is a public utility organized under the laws of Michigan, which sells electricity and natural gas within Michigan. It has moved the court for issuance of a preliminary injunction against implementation of portions of an order by the Federal Energy Administration (FEA) granting Consumers’ request for an allocation of natural gas liquids as a feedst...
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ORDER DENYING LEAVE TO PROCEED ON APPEAL IN FORMA PAUPERIS On January 26, 1976 plaintiff was denied leave to proceed in forma pauperis in the above-styled cause and his pro se complaint under 42 U.S.C. § 1983 was dismissed without prejudice as frivolous. Plaintiff filed a notice of appeal and an accompanying affidavit of indigency on February 24, 1976. The Court will consider the affidavit of indi...
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MEMORANDUM AND ORDER George Dunleavy, presently confined at the Matteawan State Hospital (Matteawan) in Beacon, New York, while he awaits trial on charges of Escape in the First Degree, has initiated this pro se civil rights action pursuant to 42 U.S.C. §§ 1981-83. Plaintiff challenges the constitutionality of certain of the conditions of his confinement. In particular, plaintiff complains that w...
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MEMORANDUM OPINION AND ORDER Plaintiff, Leonard Paul Hodory (Hodory) filed the above-captioned action, pursuant to 42 U.S.C. § 1983, on behalf of himself and all other persons similarly situated whose claims for unemployment benefits were denied or will be denied because of the operative effective of a labor dispute disqualification provision in § 4141.29(D)(1)(a) of the Ohio Revised Code. Ho...
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OPINION Plaintiffs filed this class action to challenge Forest Service practices in the Bull Run Watershed area. Five claims were made: 1) breach of the public trust; 2) Bull Run Trespass Act, 18 U.S.C. § 1862; 3) Organic Act, 16 U.S.C. § 476; 4) National Environmental Policy Act, 42 U.S.C. § 4321; 5) Multiple-Use Sustained-Yield Act, 16 U.S.C. § 528. Jurisdiction is claimed under 28 U.S....
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OPINION I. INTRODUCTION Plaintiff, a retired male railroad employee, claims that a statute passed in 1945 is now in violation of the Fifth Amendment and is also in contravention of Title VII of the Civil Rights Act of 1964 because it permitted women with 30 years of railroad service to retire at age 60 with full benefits, while men with similar service would have their annuity partial...
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OPINION These patent proceedings are presented to the Court by the plaintiffs, Aluminum Company of America and Alcoa Sport Products Company, against the defendant, Ameróla Products Corporation, pursuant to the Federal Declaratory Statute, 28 U.S.C.A., § 2201 et seq. A question as to validity and infringement is presented with respect to United States Letters Patent No. 3,479,030, relating...
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MEMORANDUM OPINION AND ORDER OF DISMISSAL On the 12th day of February, 1976, came on for hearing the Motion for Dismissal pursuant to Rule 12(b)(6) or, in the alternative, Motion for Summary Judgment pursuant to Rule 56 filed by the defendant, Robert E. Shirley, Jr., M. D., in the above styled and numbered cause and the Court, having considered the motion and response thereto and the arguments ...
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409 F. Supp. 776 (1976) Philip E. TYLER v. Caspar WEINBERGER, Secretary, HEW. Civ. A. No. CA 75-0242-R. United States District Court, E. D. Virginia, Richmond Division. March 5, 1976. *777 *778 *779 *780 Anita K. Henry, Neighborhood Legal Aid Society, Inc., Richmond, Va., for plaintiff. N. George Metcalf, Asst. U. S. Atty., Richmond, Va., for defendant. MEMORANDUM WARRINER, District Judge. This ...
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MEMORANDUM OPINION AND ORDER The claimant in this action, Anna S. Eppard, filed her complaint in this court on December 8, 1972, to review a final decision of the Secretary of Health, Education, and Welfare denying her claim for disability insurance benefits and a period of disability under sections 216(i) and 223 of the Social Security Act, 42 U.S.C. § 416(i), 423. This court’s jurisdiction was i...
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MEMORANDUM AND ORDER In this interpleader action, two motions of plaintiff, Royal Insurance Co., Ltd. (hereinafter Royal) are presented. In the first, Royal has moved for dismissal of the counterclaims interposed by Defendant, Caribbean Developing & Processing Laboratory, Inc. (hereinafter Car*551ribbean). In the second motion Royal seeks dismissal of the fourth counterclaim of defendant Caribbean...
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OPINION AND ORDER In this civil action, the United States seeks relief by way of forfeiture against a 1964 MG automobile and the sum of $17,883 in United States and Canadian currency under authority of 19 U.S.C.A. § 1595a and 31 U.S.C.A. § 1102. The claimants of the currency, Michael L. Bronk and Charles Goldberg, Bronk’s attorney, raise affirmative defenses challenging the constitutionality of...
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OPINION AND ORDER This is a civil action for damages and injunctive relief from an alleged infringement of rights secured to plaintiff by the Constitution of the United States. Plaintiff is confined in the Federal Correctional Institution, Oxford, Wisconsin, and defendant is the warden of that Institution. Defendant has moved to dismiss for lack of subject matter jurisdiction pursuant to Rule 1...
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OPINION and ORDER This is a civil action for injunctive and declaratory relief from an alleged denial of due process of law and equal protection of the laws worked by certain features of the laws of Wisconsin relating to eligibility for parole and the bearing of good time credits on parole eligibility. I note the jurisdictional defect in asserting via an aetion under 42 U.S.C. § 1983 (1970) that f...
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ORDER DENYING DEFENDANT’S MOTION TO SUPPRESS The defendant moved to suppress evidence discovered at the residence of William and Emily Harris located at 288 Precita Avenue, San Francisco, California on the ground that the search conducted of those premises by Government agents violated the defendant’s Fourth Amendment rights. It is the finding of this Court, however, that the defendant lacks stand...
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MEMORANDUM OPINION This case was originally filed in the Superior Court of the District of Columbia. It was removed to this Court by defendant Sheraton Park Hotel pursuant to 28 U.S.C. § 1441(b), as a civil action founded on a claim of right arising under the laws of the United States. The amended complaint contains four counts. Count I alleges a breach of a collective bargaining agr...
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ORDER DENYING MOTION TO CORRECT ILLEGAL SENTENCE This cause came on for consideration upon the petitioner’s motion to correct illegal sentence. The court, having considered the record and being fully advised in the premises, finds and concludes that the motion should be denied. Petitioner was convicted by a jury pursuant to a four count indictment of violating the Federal Bank Robbery Act, 18 U.S....
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MEMORANDUM OPINION Prior to January 1, 1971, the plaintiff, Tire Sales Corporation, was a distributor for the defendant, Cities Service Corporation (hereinafter sometimes called “Citgo”) of automotive tires, batteries and accessories (“TBA”) for resale to Citgo dealers on the south side of Chicago. This treble damage antitrust action arises from the termination of the dis *1225 ...
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MEMORANDUM OPINION At the close of evidence in this civil rights case, a motion for a directed verdict by defendant school officials pends before the court. There is also a dispute as to how the jury should be instructed regarding the standard to be applied to searches of junior high school students. While the court is not in a position to make findings of fact under Federal Rule of Civil...
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MEMORANDUM OPINION Petition For A Writ Of Habeas Corpus I. On November 13, 1974, petitioners Dana Rainwater, Martin Trejo, Lawrence Tully and Enrique Flores were found guilty of the crime of rape by a jury in the Circuit Court of the Eighteenth Judicial Circuit, Du Page County, Illinois. Rainwater is presently incarcerated at the Stateville Correctional Center in Joliet, Illinois pursuant...
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OPINION Vincent J. Flemmi is currently confined at M.C.I. Walpole following his conviction in March 1970 on a charge of assault with intent to murder and related offenses. He brings this action for a writ of habeas corpus, claiming that various evidentiary rulings made during the course of his trial in Suffolk Superior Court deprived him of his rights under the Fourth, Fifth, Sixth and Fourteen...
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409 F.Supp. 663 (1976) Dominga Merced ROLDAN et al., Plaintiffs, v. Steven A. MINTER, Commissioner of Massachusetts Dept. of Public Welfare, et al., Defendants. Civ. A. No. 73-3418-G. United States District Court, D. Massachusetts. March 4, 1976. *664 R. Peter Anderson, Charles R. Capace, Mass. Law Reform Institute, Boston, Mass., William A. Breitbart, Western Mass. Legal Services, Springfield, M...
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MEMORANDUM AND ORDER Before the Court is a motion by the plaintiffs to certify this litigation as a class action pursuant to Rule 23 F.R.Civ.P. The plaintiffs and the class they propose to represent are persons who purchased shares in the defendant IDS Realty Trust. Initially, the plaintiff Byrnes brought a separate action on behalf of himself and others similarly situated (4-75 Civ. 223) as did ...
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OPINION Defendant moves, pursuant to Rule 12(b)(6), Fed.R.Civ.P., for an order dismissing the complaint for failure to state a claim for relief. The complaint alleges that plaintiff, a woman, was hired as an architect by defendant during January 1968 and that during November 1970 she was informed that her employment would be discontinued no later than January 15, 1971. Plaintiff contends that she ...
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MEMORANDUM AND ORDER This is another of the seemingly inevitable struggles for choice of forum which bedevil the Courts in industrial property litigation, here a controversy over alleged infringement of ten registered copyrights on costume jewelry. On February 4, 1975, Mode Art Jewelers Co. (Mode Art), a New York corporation engaged in the manufacture and sale of such jewelry, brough...
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ORDER NOS. 2241, 110. On April 2, 1975, one David Trainer filed an action in the Court of Claims, purportedly on behalf of himself and all other bondholders of the Philadelphia, Baltimore and Washington Railroad Company and the Pittsburgh, Cincinnati, Chicago & St. Louis Railroad Company a predecessor of PB&W, seeking to recover $96,261,000, plus interest, from the United States on the theory tha...
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409 F. Supp. 282 (1976) Robert R. CLANTON et al., Plaintiffs, v. ALLIED CHEMICAL CORPORATION, Defendant. Civ. A. No. 5-73-R. United States District Court, E. D. Virginia, Richmond Division. March 4, 1976. Henry L. Marsh, III, James W. Benton, Jr., Richmond, Va., Robert B. Wallace, Alexandria, Va., Charles E. Lister, David J. Cynamon, Covington & Burling, Washington, D. C., for plaintiffs. Fra...
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OPINION AND ORDER The Department of Labor (hereinafter the Department) instituted the instant actions against Alhambra Nursery and Accredited Kindergarten (hereinafter Alhambra) and Four Seasons Nursery and Kindergarten (hereinafter Four Seasons). The Department contends that both defendants are in violation of 29 U.S.C. § 201 et seq., for failure to observe the minimum wage and overtime provisio...
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OPINION Store-to-Door Telephone Supermarkets was founded on August 23, 1971, as a California corporation. The primary asset of Store-to-Door Telephone Supermarkets [hereafter Store-to-Door] was an idea. During 1971 and 1972, Store-to-Door undertook in Sacramento to devel *1155 op a business whereby a person wishing to order groceries could phone in his order to Store-to-Door ...
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409 F. Supp. 876 (1976) Cassandra PARKER, Plaintiff, v. Edwin SHONFELD and Marsha Shonfeld, husband and wife, Defendants. No. C-75-1267-CBR. United States District Court, N. D. California. March 3, 1976. *877 Carol Ruth Silver, Dennis John Woodruff, San Francisco, Cal., for plaintiff. Frank E. Schwelb, Chief, Housing Section, Civil Rights Div., Dept. of Justice, Washington, D. C., amicus curiae b...
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MEMORANDUM AND ORDER Plaintiff in this action seeks declaratory and injunctive relief in the nature of mandamus against the Comptroller of the Currency. The controversy revolves around an Interpretive Ruling issued by the Comptroller in 1963 pursuant to the National Bank Act, 12 U.S.C. § '21 et seq., which prior to its rescission provided: Incident to those powers vested in them under 21 U.S.C. 24...
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*177 MEMORANDUM OPINION AND ORDER Plaintiff in this proceeding, Warren James Moity, Sr., has applied for admission to the Bar of Louisiana for a second time. He withdrew an earlier application in 1960, during the course of a hearing to determine whether he possessed “good moral character,” one of the prerequisites of admission. At that time, he claims to have completed three years of legal st...
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MEMORANDUM OPINION AND ORDER This § 1983 action originated with me and has been returned by the statutory court for disposition. The latter has decided that it lacks jurisdiction under 28 U.S.C. § 2281 due to the insubstantiality of plaintiff’s constitutional challenge to the enforcement of the state statute embodying the defendant Bar Association’s Articles of Incorporation. 1 ...
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*1241MEMORANDUM AND ORDER The defendant, James Earl Jackson, pled guilty to bank larceny, 18 U.S.C. § 2113(b). He was sentenced on October 8, 1975, to a term of eight years’ imprisonment under the provisions of 18 U.S.C. § 4208(a)(2). After sentencing, the court recommended to the Board of Parole in the A.O. 235 Form that the defendant be considered for parole after the expiration of 24 months of ...
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This is an action brought before a three-judge district court by A. Lindberg and Sons, Inc., under 28 U.S.C. §§ 1336, 1398, 2284 and 2321-2325, to review, vacate and set aside a decision and order of the Interstate Commerce Commission dated July 11, 1972 and entered in docket No. 35358, A. Lindberg and Sons, Inc. v. Chicago and North Western Transportation Co., et al. The order compl...
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OPINION AND ORDER Plaintiff moves to strike the affirmative defense of defendant Nelson Freightways, Inc. interposed in its amended answer alleging the applicability of the so-called Connecticut Family Car Doctrine to plaintiffs’ claims herein and asserting that such Doctrine precludes recovery by the plaintiff. In her complaint plaintiff sues for $2,000,000 in damages for personal i...
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MEMORANDUM AND ORDER The 22 count indictment in this case arises out of an alleged conspiracy to cause the Security National Bank to make illegal campaign contributions from 1966-1974. 18 U.S.C. §§ 610, 659, 1001. Defendants have made various procedural motions. Since this court finds those motions to be without merit, they are denied. Defendants have also moved for dismissal of...
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The petitioner was convicted of manslaughter in the first degree in Monroe County Court, State of New York, in 1966. The conviction was appealed and affirmed by the Fourth Department. People v. Thibadoux, 27 A.D.2d 975, 278 N.Y.S.2d 975 (App.Div. 4th Dept.1967). Leave to appeal to the Court of Appeals was denied on June 27, 1967. Since that time, the petitioner has made at least fourteen habe...
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OPINION In this action for damages brought by Fernando Vargas (a prison inmate) against Pablo Correa (a prison guard) and the City of New York (Correa’s employer), the Court finds for the plaintiff and against the defendant (Correa) in that Vargas’ constitutional rights as protected by 42 U.S.C. § 1983 were violated when Correa physically attacked him. THE FACTS The Court finds ...
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MEMORANDUM AND ORDER By a general verdict, amplified and supplemented by the answers to Special Interrogatories, the jury in this diversity case on January 26, 1976 found that plaintiff’s corporate predecessor, Prudential Oil Corporation (Connecticut), acting through Messrs. Shippee, Willey and Young, developed and owned a legally protected business concept, as defined in the Court’s instructio...
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409 F. Supp. 1211 (1976) Susan Jacobs SMITH, Plaintiff, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant. No. C-74-262-D. United States District Court, M. D. North Carolina, Durham Division. March 3, 1976. *1212 E. K. Powe, J. G. Billings, and Charles R. Holton, Durham, N. C., for plaintiff. James L. Newsom, E. C. Bryson, Jr., and James M. Tatum, Jr., Durham, N. C., for defendant. MEMORANDUM AND O...
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ORDER Defendants have filed a Rule 21(a) motion asking that the trial of this case be transferred out of the District of North Dakota, asserting that there exists in the District of North Dakota so great a prejudice against the Defendants that they cannot obtain a fair and impartial trial at Bismarck, North Dakota. To support this claim the Defendants have filed eleven affidavits from mem *1...
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ORDER This action is before the Court upon defendants’ motion to dismiss or, in the alternative, for summary judgment. Upon consideration and for the reasons stated below, said motion shall be denied. On August 18, 1975, plaintiff Babcock & Wilcox Company (hereinafter B&W) initiated this action, seeking a declaratory judgment and injunctive relief. The jurisdiction of this Court is assertedly inv...
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OPINION In June 1969, Edwin W. Gockley filed this suit, pro se, charging that defendants Robert L. VanHoove and J. Michael Morrissey, District Attorney and Assistant District Attorney, respectively, of Berks County, Pennsylvania, had violated his civil rights. The complaint charges that defendants had revived criminal indictments against Gockley, some six and one-half years after the indictme...
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MEMORANDUM AND ORDER Plaintiffs in this securities fraud case have moved for class action certification under F.R.Civ.P. 23(a) and (b)(3). The proposed class is identified as follows: “. . . All those persons who purchased UMIC shares from February 11, 1969 to December 2, 1970, except these defendants and defendants in the related case of Oberholtzer, et al v. Scranton, et al., Civil Action No. 7...
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OPINION AND ORDER This is an incident brought before this Court pursuant to Rule 54(d) of the Federal Rules of Civil Procedure to review the action of the Clerk of this Court in the taxing of the costs in the case of caption. This case was an action to recover damages and the same was tried by this Court with a jury. On March 6, 1975, the jury returned a verdict for the plaintiff in the amount of...
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MEMORANDUM DECISION In June 1975 James G. Palmer, acting pro se, filed this suit, titled “Motion— Writ of Mandamus,” seeking to have a 1959 Gibson County Tennessee indictment quashed and a renewed 1975 detainer filed against petitioner in Illinois ordered withdrawn. The petitioner claims that he has been denied his rights to a speedy trial by the appropriate officials of Tennessee. This Court orde...
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MEMORANDUM AND ORDER RE ENTRY OF FINAL JUDGMENT PURSUANT TO RULE 54(b) In a Memorandum and Order filed on December 31, 1975, this Court granted defendant’s motion for partial summary judgment dismissing plaintiff’s claims under the Automobile Dealers Suit Against Manufacturers Act (15 U.S.C. § 1221 et seq.), section 2 of the Sherman Act (15 U.S.C. § 2), and section 2(e) of the Robinson-Patman Act...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT The plaintiffs Western Telecasting, Inc., doing business as KCST-39TV, John Wyatt and David R. Owen brought the instant action to recover damages for personal injury to the plaintiffs caused by acts done in furtherance of a conspiracy as defined in 42 U.S.C. § 1985(3). The complaint, in part, alleges: Defendants California F...
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MEMORANDUM AND ORDER Certain American distributors of Volkswagen, Audi and Porsche 914 automobiles, invoking the Administrative Procedure Act (APA), 5 U.S.C. §§ 701-06, ask the Court to review an order of the United States International Trade Commission (ITC) discontinuing them as parties in the first phase of ITC Investigation No. 337-TA-18. The Commission instituted the investigation as a resul...
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MEMORANDUM OPINION Today we write a postlude to this protracted litigation involving Mississippi’s program of furnishing state-owned textbooks to private as well as public schools by ruling on plaintiffs’ motion for an award of attorneys’ fees for legal services rendered since commencement of the case almost six years ago. We hold that an award is mandated here by § 718 of the Emergency S...
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OPINION This case was remanded to me by the Court of Appeals for further proceedings consistent with its opinion.1 Upon the original motion to vacate an order authorizing this action I dismissed the complaint upon the grounds that the plaintiff had not made a sufficient demand (the Court of Appeals reversed this conclusion) and that the plaintiff had not shown “good cause.” Before the opinion of t...
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OPINION Plaintiff seeks review of the allegedly capricious decision of the American Consul in Santo Domingo denying an immigrant visa to her husband, Francisco A. Pena, a Dominican Republic, Western Hemisphere citizen who intends to work in the United States. Plaintiff is also a native and citizen of the Dominican Republic, but is a lawful permanent resident of the United States. Mr....
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These are an appeal and five cross-appeals from an order of Bankruptcy Judge Babitt filed October 6, 1975. Weis Securities, Inc. (Weis) was a broker-dealer which is now in liquidation under SIPA (15 U.S.C. § 78aaa and following). A Trustee was appointed on May 30, 1973, by this Court (15 U.S.C. § 78eee(b)(3)). See Exchange Bank v. Wyatt, 517 F.2d 453 (2d Cir. 1975). The “filing ...
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ORDER This is an appeal by W. P. Atkinson (Appellant) from an Order entered by the Bankruptcy Court in the captioned Bankruptcy case invalidating his termination of a lease held by the Bankrupts. Jurisdiction is based upon 11 U.S.C. § 67(c). The appeal is taken pursuant to Bankruptcy Rules 801-814. Appellee, Trustee in Bankruptcy for Bankrupts Ferris Enterprises, Inc., Maurice Ferris...
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MEMORANDUM AND ORDER Petitioner, presently incarcerated at the United States Penitentiary at Lewisburg, Pennsylvania, seeks a writ of habeas corpus contending that the law has been improperly applied to the facts in regard to the method by which his statutory good time credits have been computed by prison authorities. In addition, petitioner challenges the alleged failure of the United. States Boa...
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OPINION AND ORDER In the instant case plaintiff seeks a declaratory judgment from this Court. In the complaint it is averred that this is an action for declaratory judgment and injunction arising under Article VI of the Constitution of the United States, the Fifth and Fourteenth Amendments to the Constitution, and Titles 29, United States Code, Sections 201-219; 42, United States Code, Section 19...
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MEMORANDUM OPINION ON DEFENDANT’S MOTION TO COMPEL DISCOVERY OF CERTAIN DOCUMENTS AND ANSWERS TO CERTAIN INTERROGATORIES Defendant’s motion, under Rule 37, Federal Rules of Civil Procedure, to compel discovery of certain documents and to require answers to certain interrogatories is presented for decision in this court. This is a Title VII action brought by the Equal Employment Opportunity Commis...
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MEMORANDUM In this action plaintiff, Ezra H. Barnes, Jr., seeks compensatory and punitive damages from defendant Litton Industrial Products, Inc. for injuries sustained from plaintiff’s consumption of a product called “burning alcohol” distributed and sold by defendant through its subsidiary Litton Dental Products. Unaware of its toxic nature, plaintiff consumed a substantial amount of th...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause was heard before the court, without a jury, on September 25, 1975. Plaintiffs’ claims against the defendants Richard Zuck and Wilma Zuck Aulsbrook, Administratrix of the Estate of Gordon D. Zuck, deceased, were severed from the plaintiffs’ claims against the *1154 other two defendants, Ruth Zuck and Susan Morton, those claims...
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OPINION AND ORDER This litigation consists of four actions in three districts: two in the Western District of Texas, one in the Northern District of Texas and one in the Western District of Missouri. Braniff Airways, Inc. is the sole defendant in the Mitehell action in Western Missouri and, together with various local and international unions, 1 is also a defendant i...
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MEMORANDUM Natural Resources Defense Council, Inc. (“NRDC”) and other named plaintiffs bring this action against the Environmental Protection Agency (“EPA") and its administrator Russell Train for failure to list lead as a pollutant under § 108 of the Clean Air Act of 1970. Defendants have moved to dismiss the complaint for lack of jurisdiction and failure to state a claim or for an order...
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MEMORANDUM DECISION The Washington State Apple Advertising Commission challenges the constitutionality of N.C.Gen.Stat. § 106-189.1, which requires that “no grade other than the applicable U.S. grade” be shown on closed containers in which apples are *858“sold, offered for sale or shipped into” North Carolina.1 The Commission argues that this statute violates the commerce clause, the equal protec...
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ORDER Plaintiffs allege that they are purchasers of bonds issued by the Claremore Industrial Authority (CIA). Defendant Guaranty Trust is alleged to be Trustee, under an indenture of trust with CIA, for the bond issue. Plaintiffs brought this diversity action to surcharge Guaranty Trust for misfeasance in office while Trustee. Guaranty Trust filed a Motion To Dismiss for lack of subject matter ju...
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409 F. Supp. 136 (1976) UNITED STATES of America v. Rocco FRUMENTO, et al. Rocco Frumento, Movant Crim. No. 75-322. United States District Court, E. D. Pennsylvania. March 1, 1976. *137 *138 Robert E. J. Curran, U. S. Atty., Alan M. Lieberman, Joseph M. Fioravanti, Asst. U. S. Attys., Philadelphia, Pa., for plaintiff. A. Martin Herring, Philadelphia, Pa., for defendant. MEMORANDUM AND ORDER BECH...
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MEMORANDUM OPINION This matter is presently before me on the motions of each of the defendants, Tyrone Hospital, Dr. John Maras, Dr. Daniel Friday, Dr. R. P. Erdly, Dr. James Shindel, Dr. Howard G. Shaub, Dr. J. A. Ayres, Dr. S. Victor King and Dr. Norman B. Ream, to dismiss the complaint of the plaintiff Mel D. Acosta, Jr., M.D., alleging a deprivation of his civil rights under 42 U.S.C. § 198...
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MEMORANDUM AND ORDER This is a multi-defendant criminal case involving what has been characterized as a cigarette smuggling conspiracy. Defendant John R. Sills is charged in three counts of an eleven-count indictment with conspiracy to violate 18 U.S.C. § 1962(c) and with fraud and false statements in the making and subscribing of income tax returns for the calendar years 1971 and 1972. Sills i...
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OPINION This matter is before me on the motion of the defendant, World Team Tennis, Inc. (WTT), to dismiss the complaint of Cliff Drysdale, the plaintiff a citizen of Great Britain and a professional tennis player, who entered into a Player’s Contract with the defendant, Florida Team Tennis, Inc. (FTT), a franchisee of WTT, for the use of his tennis playing services for the year 1974. ...
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MEMORANDUM Lewis C. Morgan, Jr., brings an action under § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary in which was held that he was not entitled to' disability benefits upon an application filed on March 4, 1974. The sole issue before the Court is whether the final decision of the Secretary is based upon substantial evidence. See 42 U.S.C. § 4...
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ORDER GRANTING MOTION FOR JUDGMENT ON THE PLEADINGS This cause came on for consideration upon the defendant’s motion for judgment on the pleadings. The court, having considered the record and being fully advised in the premises, finds and concludes that the motion should be granted. This suit is brought pursuant to 12 U.S.C. § 1975, which, in conjunction with 12 U.S.C. § 1972, grants a civil ...
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ORDER OF COURT This is an action under the National Firearms Act of 1954, 26 U.S.C. § 5801, et seq., and implementing regulations thereto. Plaintiff Cox [Dealer] is a duly licensed dealer in firearms pursuant to 26 U.S.C. § 5812(a). Plaintiff West Virginia State Penitentiary [Penitentiary] is a duly authorized law enforcement agency of the State of West Virginia. The defendant, Bureau of Alcohol, ...
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The plaintiffs have brought this suit to set aside the report and order of the Interstate Commerce Commission (here *695 inafter Commission) in a proceeding identified as Ex Parte No. 266 (Sub-No. 1), Investigation Into the Scope of Freight Forwarder Terminal Areas, 343 I.C.C. 565. The end result of that proceeding was that the Commission refused to expand the terminal a...
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This matter is before the court on defendant’s resisted motion filed July 8, 1974, to dismiss counts 1 and 2 of the complaint. In this diversity action, plaintiff seeks to recover damages for personal injuries allegedly sustained while he was attempting to push an automobile out of a ditch in which it had become stuck. The automobile was being operated by defendant Flores and was owned by defendan...
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Presently before the Court is an application pursuant to Rules 23(e) and 23.1 F.R.Civ.P., for an order approving the settlement and dismissal of the individual, class action, and derivative claims set forth in the above-captioned actions. Also before the Court is a joint application by Stull, Stull & Brody, Esq., plaintiff's counsel in the Stull action, and their counterparts in the ...
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OPINION In the early morning hours of March 18, 1971 a fire broke out on board the Liberian tanker M/V Trade Daring. The damage which ensued resulted in the vessel being termed a “constructive total loss.” This action was brought to determine responsibility for the fire and resultant damage. The plaintiff Navieros Oceanikos (Oceanikos) is a corporation incorporated in the Republic of...
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OPINION The defendant Seidman and Seidman (“Seidman”) moves to dismiss various claims of amended complaints in five related actions 1 upon the ground that they *246 either fail to state a claim upon which relief may be granted, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, or fail to plead fraud with particularity as required by Rule 9(b), or a...
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MEMORANDUM AND ORDER THIS case arises out of a derailment of a Southern Railway freight train on January 22, 1972, in the Town of Marshall, North Carolina. As a result of this derailment certain buildings belonging to the Plaintiffs were damaged and this action was instituted in the Superior Court of Madison County to recover for such losses. The Defendant, pursuant to 28 U.S.C.A. 1441, r...
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ORDER The Court has before it for consideration a Motion to Dismiss filed by defendant, Toomer Electrical Company, Inc., in which defendant alleges it was served with process in this cause in the State of Louisiana; that it is a Louisiana corporation, not domesticated in the State of Oklahoma and not doing business in the State of Oklahoma; and that the claim for relief set forth in the C...
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OPINION Plaintiffs have moved for the award of reasonable attorney fees in this ac *1190 tion, now in its seventh year. For purposes of the present motion, it is unnecessary to review in detail the facts of this case which may be found in three previously reported decisions. 1 Plaintiffs are residents, businessmen and representatives of private civic organization...
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This is an action brought by several hospitals, members of the Delaware Valley Hospital Council (hereinafter DVHC) for declaratory judgment and injunctive relief, challenging the provisions of a Pennsylvania law, Act No. 94, 40 Pa.C.S. § 6124(c), effective August 2, 1975. Act No. 94 creates statutory requirements for the termination of contracts between hospitals and certain hospital plan corporat...
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MEMORANDUM AND ORDER Do the Federal Rules of Civil Procedure countenance a “Counterclaim in Reply”? That is the question raised by the present motion. Plaintiff, Southeastern Industrial Tire Co., Inc., an Alabama corporation, filed a contract action against defendant, Duraprene Corp., a Pennsylvania corporation, seeking $51,326.59 in payment for goods allegedly delivered to defendant. Jurisdictio...
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OPINION AND ORDER The Court, after hearing all of the testimony, examining all exhibits admitted into evidence, and after due deliberation, now makes the following FINDING OF FACTS 1. Plaintiff Israel Alicea Rosado, was until the 1st of August, 1975 a member of the competitive service under the Personnel Law of the Commonwealth of Puerto Rico (3 LPRA §§ 641-702). 2. Plaintiff’s official personnel...
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MEMORANDUM OPINION AND ORDER SUPPLEMENTING THE MEMORANDUM OPINION FILED NOV. 4, 1975 BACKGROUND On May 5, 1970, Vitex Manufacturing Company, Ltd. (hereinafter “VITEX”) commenced an action in the Dis*529trict Court for a declaration of its rights under 33 V.I.C. §. 4001(b) and 33 V.I.C. §§ 501 et seq. Despite having been issued a ten (10) year tax exemption certificate, effective September 13, 1961...
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MEMORANDUM OPINION AND DECREE The case before me for decision presents a classic illustration of the problems which can later arise when an attorney is less than diligent in examining a proposed di*540vorce decree with respect to its potential future implications and ramifications. While the suggested provisions might seem inoffensive at the time they are propounded, this Memorandum Opinion must u...
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MEMORANDUM AND ORDER DENYING PLAINTIFF’S MOTIONS TO BAR DEFENDANT’S PROFFERED PSYCHIATRIC TESTIMONY AND MOTION TO STRIKE EXPERT TESTIMONY The Government has filed extensive points and authorities in support of its motion to bar the introduction of testimony by expert witnesses on the defendant’s mental state at the time of the bank robbery for which she is now on trial. While the Court has no q...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff, who claims to be an American Indian, seeks damages, injunctive relief and attorney’s fees against defendant Howard University arising out of her suspension from its School of Social Work where she was enrolled as a graduate student. She alleges that she was the victim of racial discrimination by the University, a predominantly black instit...
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OPINION On Friday, December 10, 1971, the Ixtapa, a 52 ft., twin engine diesel, pleasure yacht left Marathon, in the Florida Keys bound for Cozumel, Mexico. Cozumel is an island off the coast of Yucatan, roughly 470 miles southwest of the tip of Florida. For a 31 year old vessel, Ixtapa was well founded. Her wooden hull was of mahogany and had been refastened by “sistering.” 1 The engines wer...
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This case is before the court on cross-motions for summary judgment. For the reasons that follow, the defendant’s *1054 motion is GRANTED, and the plaintiff’s motion is DENIED. On July 14, 1975, the defendant Superior Pontiac received a 1973 Honda Civic as a “trade in” for another car. The odometer reading, as given by the previous owner on the Odometer Mileage Statement at that time was 22,2...
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412 F.Supp. 530 (1975) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. LOCAL 2P, LITHOGRAPHERS & PHOTOENGRAVERS INTERNATIONAL UNION, a/k/a Baltimore Lithographers & Photoengravers Union, Local 2P, a/k/a Local 2P, Graphic Arts International Union, AFL-CIO, Defendant. Civ. A. No. M-74-579. United States District Court, D. Maryland. December 22, 1975. Supplemental Memorandum and Order...
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MEMORANDUM OF DECISION ON MOTION FOR SUMMARY JUDGMENT Clarence L. Rost, principal and athletic director of the Sargent, Nebraska, public school system, wrote similar letters to two school board members and their wives. Because of the letters, the school board terminated Rost’s teaching contract at the school’s year end. The constitutional propriety of that termination is the storm center of thi...
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OPINION In its capacity as a mortgagee-loss payee under a marine insurance policy, plaintiff Wells Fargo Bank International is suing defendant insurer London Steam-Ship Owners’ Mutual Insurance Association, Ltd., for payments allegedly due under the policy. Defendant is an English corporation composed of shipowners who mutually agree to insure themselves against so-called protection ...
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Memorandum Opinion On Motion To Dismiss The second amended complaint in this action consists of 57 pages and sets forth 14 separate causes of action in addition to several exhibits. The several federal causes of action are predicated on the anti-fraud provisions of the Federal Securities Laws, specifically, Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and S.E.C. R...
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On October 7, 1975, the New York State Liquor Authority (“SLA”) commenced proceedings under §§ 118 and 119 of the New York Alcoholic Beverage Control Law (McKinney’s Supp.1975-76) (“ABC Law”) to revoke plaintiff’s liquor license on the ground that plaintiff violated § 106(6) of the ABC Law in that it permitted the premises to become “disorderly” on June 17, June 20, and June 24, 1975, by permit...
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This is an action by the petitioner, who claims that while he was incarcerated at the Attica Correctional Facility a letter from a state appellate court, dated January 4, 1974, was opened and read, outside of his presence, in violation of the institutional rules that special correspondence such as this letter is not to be read, but only opened to check for contraband, in the presence of the inmate...
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OPINION I The State of New York (“State”) instituted this action in the Supreme Court, New York County, against Local 144, Hotel, Nursing Home and Allied Health Services Union (“Union”) for an injunction restraining the Union from engaging in a strike against the member facilities of the Metropolitan New York Nursing Home Association, Inc. (“Nursing Home Association”). The action was allegedly ba...
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MEMORANDUM ORDER This matter came before the Court for consideration of the following: (1) Motion of plaintiff for certification of a class action; (2) Motion of Elizabeth Williams, Clyda Walker, Ada Lee Somers, Dorothy Blackwell, and Dorothy M. Slade to intervene; (3) Request of plaintiff for oral argument on the motion of the proposed interve*580nors (hereafter denoted as “intervenors”); and (4...
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ORDER The Court has before it for consideration Motions to Dismiss filed by the United States of America, the National Collegiate Athletic Association, the State of Oklahoma, and the American Broadcasting Companies, Inc. After a thorough examination of the briefs filed in regard to said motions and the law applicable thereto, the Court makes the following determination. Plaintiff fil...
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OPINION AND ORDER Claiming relief under both the Jones Act, 46 U.S.C. § 688 (1970), and under general maritime law, plaintiff George Turner has brought this action for injuries allegedly suffered when he fell down an engineering room ladder aboard the Tug Dover sometime during the Fall of 1969.1 Since plaintiff did not file his complaint until May 3, 1974, defendant now contends that plaintiff’s J...
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MEMORANDUM The plaintiff, Suzanne Snaith McDaniel, a citizen of Pennsylvania, seeks compensatory and punitive damages against Kay A. Joseph, a citizen and resident of Ohio, alleging that the defendant has engaged in a meretricious relationship with her husband, Norwood A. McDaniel, in the States of Ohio and West Virginia and in the Commonwealth of Pennsylvania. The plaintiff invokes diversity juri...
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MEMORANDUM OPINION The above-named defendant was convicted of three counts of a nine-count indictment by a verdict of a jury after a twelve day trial. The counts on which he was found guilty involved two charges of violation of the Hobbs Act (18 U.S.C. § 1951) by extorting money in such a way as to obstruct, delay or affect interstate commerce and one count of a false declaration to a Gra...
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OPINION This class action is brought by certain juvenile offenders in Puerto Rico who were placed in adult jails by judicial, order. Plaintiffs contend that 34 L.P.R.A. § 2007(c), a statute allowing courts to put juvenile offenders in adult jails or prisons, violates the Constitution of the United States, and is therefore invalid. The challenged portion of the statute reads as follows: ...
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*1100MEMORANDUM DECISION This action comes before the Court on a motion for summary judgment by the Plaintiff. Defendant Stan Sherman, d/b/a Sherman Produce Co. (hereinafter Sherman) has filed what may be titled as a resistance to Plaintiff’s motion for summary judgment. Defendant Sherman has also moved for summary judgment.1 No other Defendants have appeared in opposition to Plaintiff’s motion. ...
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After sifting every bushel of speculative chaff suggested by the claimant, the court finds not a single grain of antitrust wheat to sustain the claims asserted. The thousands of pages of depositions and affidavits presented and the hundreds upon hundreds of pages of memoranda, motions, replies, and answers do not show any genuine issue of fact as to any claim which will su...
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OPINION Defendants move for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, in this action brought by plaintiffs for damages allegedly resulting from the breach by defendant Exxon Corporation (“Exxon”) of certain contracts which obligated Exxon to supply plaintiffs, New York City Transit Authority and Manhattan and Bronx Surface Transit Operating Authority, with dies...
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OPINION This is an appeal by Robert K. Golden (petitioner), a voluntary bankrupt, from a determination by the Bankruptcy Judge that certain obligations due to Ruth Golden, his former wife (respondent), pursuant to a judgment entered against the bankrupt in the Family Court, Kings County, New York, consti *1077 tuted alimony and support and were not debts dischargeable in bankruptcy. 1 Golde...
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MEMORANDUM AND ORDER On January 6, 1976, John H. Collins, was named in a twenty-two count indictment which alleged eleven violations of 18 U.S.C. § 2312, and eleven violations of 18 U.S.C. § 2313. A warrant for arrest was issued the same day, and was served on the Defendant January 14, 1976. Upon removal to North Dakota, counsel was appointed, and Defendant was arraigned before the United States D...
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ORDER In this diversity action Plaintiff seeks recovery for damages allegedly sustained as a result of Defendant’s negligent operation of its railroad. Plaintiff alleges that on November 30, 1974 a train operated by Defendant derailed in Marlow, Oklahoma while traveling south on a track owned and maintained by Defendant. At the time of the wreck Plaintiff operated a business at a point approximat...
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OPINION AND ORDER I. Preliminary Statement Plaintiff in this civil rights case 1 is a state prisoner serving a 21 to 42 year sentence for second degree murder, aggravated robbery and conspiracy. Originally confined in 1967 at the State Correctional Institution at Graterford, plaintiff was demotionally transferred approximately sixteen months later to the State Corr...
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410 F.Supp. 609 (1976) VOGUE RING CREATIONS, INC. v. William A. HARDMAN, Jr. d/b/a Royal of America. Civ. A. No. 74-191. United States District Court, D. Rhode Island. February 25, 1976. *610 Max Schwartz, Providence, R. I., for plaintiff. Elliot A. Salter, Salter & Michaelson, Providence, R. I., for defendant. OPINION PETTINE, Chief Judge. This is an action pursuant to 17 U.S. C.A. § 1 et s...
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MEMORANDUM OPINION This action was brought by Louis D. Evans on behalf of Genevieve A. Young under section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). Plainiff’s complaint, seeking judicial review of a final decision of the Secretary of Health, Education and Welfare disallowing plaintiff’s claim for benefits, properly invokes the jurisdiction of this Court. Brinker v. Weinberger, 522 F....
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MEMORANDUM This is an action to review the final decision of the Secretary of the Department of Health, Education and Welfare denying plaintiff’s claim as 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. Plaintiff is a 62-year-old ex-coal miner with a first-grade education who worked in underground mines fro...
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MEMORANDUM This action was originally filed by plaintiff in the Chancery Court of Anderson County, Tennessee against her former husband, Ralph T. Overman, for enforcement of an alimony decree previously entered by that Court. An execution was levied upon the goods, chattels and real property of defendant, and Teachers’ Insurance and Annuity Association and College Retirement and Equities ...
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409 F. Supp. 546 (1976) Marlon COFFMAN, Plaintiff, v. Ben KUEHLER et al., Defendants. Civ. A. No. CA-5-76-3. United States District Court, N. D. Texas, Lubbock Division. February 25, 1976. Doyle Darce Curtis, Horace A. Mitchell, Mitchell & Curtis, Inc., Lubbock, Tex., for plaintiff. Joe H. Nagy, Crenshaw, Dupree & Milam, Lubbock, Tex., for defendants. MEMORANDUM WOODWARD, District Judge....
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ORDER After making an independent review of the pleadings, files and records in this case, and the findings, conclusions and recommendation of the United States Magistrate, *549 I am of the opinion that the findings and conclusions of the Magistrate are correct and they are adopted as the findings and conclusions of the Court. The findings and recommendation of the Magistrate ...
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MEMORANDUM Plaintiffs, black citizens of the Commonwealth of Virginia, bring this action under 42 U.S.C. § 1982 to redress alleged racial discrimination in the sale of housing. Defendant is a corporation engaged in the sale of real estate. Plaintiffs seek both monetary and injunctive relief. Jurisdiction is attained pursuant to 28 U.S.C. § 1343. The matter comes before the Court on defend...
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MEMORANDUM OPINION AND ORDER This is an action brought by certain inmates of the Virginia State Penitentiary against officials of the Virginia Department of Corrections and other state officials pursuant to 42 U.S.C. § 1983. Jurisdiction is based on 28 U.S.C. § 1343. The parties have submitted the case for decision based on an agreed Stipulation of Facts, filed on January 6, 1976, and the Court ad...
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MEMORANDUM OPINION The plaintiffs, Bob Tate and Jerry Higgs, brought this class action on be *979 half of themselves and others similarly situated, pursuant to Rule 23(a)(3), Federal Rules of Civil Procedure, seeking a declaratory judgment under the provisions of 28 U.S.C. Sections 2201 and 2202, with jurisdiction being founded upon 28 U.S.C. Section 1343. Plaintiffs Tate and Higgs are memb...
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MEMORANDUM OPINION This case raises an important question of federal jurisdiction. Have the federal courts by virtue of the Employee Retirement Income Security Act of 1974 (the “Act”) acquired concurrent jurisdiction in every divorce and separation proceeding in the United States with respect to the determination of family rights in pension funds? The facts are as follows: 1. At a date not specif...
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MEMORANDUM This matter came on for hearing on cross-motions for summary judgment filed by the last remaining plaintiffs and defendant in this case. The only substantive issue before the Court is whether a material issue of fact exists as to the usurious or non-usurious nature of three loans that were made to plaintiffs Luke and Peggy Torosian by defendant, the National Capital Bank of Was...
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MEMORANDUM OF DECISION In this civil rights action for declaratory and injunctive relief, the plaintiff, a disbarred attorney, challenges the constitutionality of Section 25 of the Connecticut Practice Book, both facially and as applied, in his quest for reinstatement to the Connecticut bar. The defendants are the Fairfield County Committee For Recommendations For Admission to the Bar (hereinafter...
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ORDER This diversity action for damages arising from defendants’ alleged medical malpractice and negligence is presently before the. court on defendant Doctors Memorial Hospital’s [hereinafter the “Hospital’’] motion for a protective order with respect to the answering of certain interrogatories propounded to it by plaintiff. The gravamen of the complaint herein is that defendants negligently tre...
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MEMORANDUM OPINION James Clark is the Treasurer of DuPage County. He was re-elected to that office on November 5,1974, and his term of office runs until November 5, 1978. In April, 1975, an organization known as the DuPage Citizens Organization made public through the press and through meetings with members of the DuPage County Board (Board) allegations that Clark had obtained substantial perso...
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MEMORANDUM AND ORDER This ease, a negligence action to recover damages for injuries allegedly sustained by the plaintiff in an automobile accident in Ellis County, Kansas, is now before the court for determination of the defendant’s motion for summary judgment. The facts giving rise to this action are relatively simple and appear to be uncontroverted. On November 3, 1972, the plainti...
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In this civil action, the plaintiff is claiming infringement of United States Patent No. 3,588,095, which was issued on June 28, 1971 to Henry D. Ward, Jr., William F. Ward and John H. Bachman, Jr.1 The patent in suit is a mechanical patent and relates to a suction table system for the feeding of warped sheets into machinery which makes boxes from corrugated paperboard. The Ward Machinery Company,...
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MEMORANDUM OPINION AND ORDER In a jury trial involving a charge of conspiracy to violate the civil rights of a .witness under Title 18, Section 241, United States Code, and threatening and injuring a witness under Section 1503, the government requested production of certain defense witnesses’ statements. After demand by the government under Fed.R.Crim.P. 12.1, notice of alibi and the names of...
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MEMORANDUM AND ORDER This action for breach of contract presents on motion of defendant the question whether the court must invoke the doctrine of primary jurisdiction and dismiss or stay the action in order to afford the Civil Aeronautics Board (CAB) an opportunity to exercise administrative discretion over the matters in issue. Plaintiff Iberia Air Lines of Spain (Iberia) is a foreign a...
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ORDER Plaintiff is a National Bank with its principal place of business in Shawnee, Oklahoma. Defendants are citizens and residents of the State of Alabama. The instant action arises from Defendants having guaranteed a loan obtained by a corporation from an Oklahoma lending company. The note and guarantee in question have been assigned to Plaintiff which brings this action against the gua...
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MEMORANDUM AND ORDER Petitioner Jay Kilheffer, who stands convicted in the courts of Pennsylvania of obstructing an officer in the *679 execution of process, 18 P.S. § 4314 (Act of June 1939, P.L. 872, § 314, as amended), 1 superceded by 18 P.S. § 5104 (Act of December 1972, P.L. 1482, No. 334, § 1), has filed a counseled petition for habeas corpus pursuant to 28 U.S.C. § 2254. 2 The crim...
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MEMORANDUM AND ORDER Plaintiff, Solomon Green, (“Green”) seeks to recover substantial compensatory and punitive damages for breach of an alleged oral contract of permanent or lifetime employment. His wife and child, also named plaintiffs, seek to recover additional damages for breach of the same alleged contract. The plaintiffs further claim that the defendants, Medford Knitwear Mills, In...
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*1334 ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS’ MOTION TO DISMISS This is an action commenced May 27, 1975 by plaintiff, seeking recovery of defendants for goods furnished and delivered by the beneficiary plaintiff to the defendant construction company, and used by the latter in construction, alteration or the repair of barracks located at For...
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MEMORANDUM This is an action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., which arises out of an accident that occurred on February 2, 1974 in the Great Smoky Mountains National Park in the State of Tennessee. Plaintiff, Craig Morgan, received an electric shock while engaged in the performance of his duties as an employee of Roubin & Janeiro, Inc. Roubin & Janeiro was an...
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*166 MEMORANDUM OF DECISION Plaintiff seeks damages as the result of a fall on the ramp of a floating dock owned by defendant at Ketchikan, Alaska. The mishap occurred July 22, 1974 while plaintiff was a member of the crew of defendant’s purse seine fishing vessel ST. JOHN, which was berthed at the floating dock. At 9:30 a.m. plaintiff left the vessel to purchase provisions, one of his duties...
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OPINION AND ORDER Plaintiff, Capital Cities Communications, Inc. (Capital Cities), brings this action under the Freedom of Information Act (FOIA), 5 U.S.C.A. § 552 (1967), as amended, (Supp.1976), seeking disclosure by the defendant, National Labor Relations Board (NLRB), of certain statements and affidavits obtained in the course of an NLRB investigation of an unfair labor pra...
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ORDER DENYING MOTION TO SUPPRESS JAIL TAPE On January 23, 1976 the defendant filed a motion to suppress certain evidence in the form of tapes made by means of electronic surveillance of the defendant’s conversations with her family and friends within the San Mateo County Jail, contending that admission of such tapes would violate defendant’s rights under the Fourth, Ninth and Fourteenth Amendme...
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MEMORANDUM AND ORDER TO COMPEL ANSWERS Plaintiff Winlaw A. Priebe has moved for an order compelling defendants World Ventures, Inc., Robert Gallagher, Lowell I. Skow and Stanton Hollingsworth to answer questions put to them by plaintiff’s counsel upon oral deposi *1245 tion and to answer written interrogatories. The defendants in response have conceded that World Ventures, Inc.’s corporate ...
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*328MEMORANDUM ORDER ON PUNITIVE DAMAGES The cases filed for the claimants in about half of the 338 deaths arising out of the Paris air crash and pending in this court have refused to waive punitive damages. Statutory law, section 3294 of the California Civil Code; and the case law, Pease v. Beech Aircraft Corp., 38 Cal.App.3d 450, 113 Cal.Rptr. 416 (1974), hearing denied by Supreme Court 6-19-74;...
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MEMORANDUM AND ORDER A hearing was held on this matter outside the presence of the jury. The defendant moved to limit the scope of the Government’s cross-examination of her following her election to testify in her own behalf at trial. The ground alleged for so moving was the defendant’s privilege against self-incrimination guaranteed under the Fifth Amendment. Essentially the defendant’s argu...
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MEMORANDUM OPINION Plaintiff, John A. Mangiaguerra, brought this action for damages and equitable relief for violation of a collective bargaining agreement and for breach of the duty of fair representation. Defendant, D & L Transport, Inc. (hereinafter “Employer”), and defendant, Truck Drivers, Oil Drivers, Filling Station and Platform Workers’ Union Local 705, (hereinafter “Union”) have ...
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MEMORANDUM OPINION AND ORDER Petitioner Bernard Stroble, presently serving a life sentence for murder at the State Prison of Southern Michigan at Jackson (Jackson), has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 raising two claims: (1) that Michigan failed to try him on the murder charge within 120 days after he was brought, to Michigan from New York for trial con...
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411 F.Supp. 742 (1976) Stanley M. ROSENBLUM et al., Plaintiffs, v. UNITED STATES of America, Defendant. No. 75-731C(2) United States District Court, E. D. Missouri, E. D. February 23, 1976. *743 Stanley M. Rosenblum, pro se. Merle L. Silverstein, pro se. Stevens J. Stogel, Clayton, Mo., for plaintiffs. Richard F. Mitchell, Trial Atty., Tax Div., U. S. Dept. of Justice, Washington, D. C., Donald J...
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MEMORANDUM-DECISION AND ORDER This is a motion pursuant to Rule 15 Fed.R.Civ.P. for leave to file an amended complaint in order to (1) allege facts with greater specificity with respect to claims against the defendant, and at the same *558time to (2) add a pendent common law claim arising out of the same acts, practices and course of conduct. The essence of the original complaint is set forth in t...
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MEMORANDUM OF DECISION The Plaintiffs, Jack H. Potts and H. Paul Averette, Jr., doing business as Hamlin, Potts and Averette, Attorneys at Law, instituted this civil action against the Defendants, Harold Eugene Mitchell, Ellis S. Rubin, and Canal Insurance Company, seeking monetary damages from the Defendant Mitchell for an alleged breach of contract, and from the Defendant Rubin for an alleged...
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ORDER Plaintiff’s action is apparently based on an alleged breach of contractual obligations arising from an agreement that Plaintiff would sell and market equipment manufactured by Defendant. The alleged breach involves whether Plaintiff should be allowed credit for repairing allegedly defective equipment. Defendant is an Illinois corporation and it is alleged in the Complaint the agreement was ...
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ORDER OF DISMISSAL This action arises from the purchase of a 1975 Volkswagen automobile by Plaintiff from Defendant Nicholas Motors on March 1,1975. Defendant Volkswagon [sic] of America is alleged to be the designer, manufacturer and distributor of said vehicle. Plaintiff alleges the automobile is defective in many respects and seeks rescission of the contract and recovery of price paid ($4,062....
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OPINION Safeway Stores, Inc. claims the right to be indemnified by the third party defendants for a $12,000.00 judgment recovered by plaintiff against Safeway. This case reveals the perils of traversing automatic doors, failing to contractually establish duties and responsibilities, and notching dovetails. I will treat those perils in that order. I. FACTUAL BACKGROUND: The first peril was painful...
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ORDER Plaintiff is a criminal 1 presently residing at the Central Corrections Institute of the Department of Corrections of the State of South Carolina. His complaint, filed October 31, 1975, leaves much to be desired, as the form which was furnished to the plaintiff by the Clerk of this Court was not properly filled in; it contained only a statement of the facts, which were presented in the ...
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MEMORANDUM This is an action for the declaratory and injunctive relief, brought by Nancy Ashley on behalf of herself and all other persons similarly situated. Plaintiff seeks relief in the form of a declaration of invalidity and an injunction to prevent enforcement of one federal regulation, 7 C.F.R. § 271.-3(c)(2)(iii)(f) and one State regulation, § 310.4(e) (Virginia Department of Welfare Food S...
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OPINION Plaintiff filed this action in 1971 seeking a modification of his FBI criminal record or, alternatively, an injunction against its dissemination to correctional and judicial officials. The Court of Appeals reversed the District Court’s dismissal of plaintiff’s complaint and remanded for consideration of the following question: “[T]o what extent, if any, does the FBI have a duty to...
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MEMORANDUM AND ORDER This case came before the Court on January 23, 1976, for trial on a Stipulation of Facts filed by the parties. At the close of the trial, the government moved to re-open the case in order to introduce further evidence; the defendant moved for a judgment of acquittal. The indictment' in this case charges the defendant, Lester Posner, with “bank larceny” of approximately $1...
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MEMORANDUM ORDER The plaintiffs in this civil action for injunctive and declaratory relief operate as a Shaklee Distributing Agency located in Rochester, Minnesota. Among the items which they are in the business of selling and distributing in interstate commerce is a product known variously as amygdalin, laetrile, or prunasin or “Vitamin B-17”, which they receive from a manufacturer in Me...
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MEMORANDUM AND ORDER This matter is before the Court for a determination, after a trial on the merits. The defendant was charged in a two-count indictment with violations of 26 U.S.C. §§ 5861(c), (d) and 5871. The defendant having waived his trial by jury on December 10, 1975, and a full trial on the merits having been held before the Court sitting as the finder of fact, the Court hereby makes the...
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OPINION This is a class action for declaratory and injunctive relief and damages pursuant to 42 U.S.C., sections 1983, 1985 and 1986, and 28 U.S.C., sections 2201 and 2202, to redress rights guaranteed by the First, Eighth, Ninth and Fourteenth Amendments and Title IV of the Social Security Act. Jurisdiction is grounded upon 28 U.S.C., sections 1331(a), 1343(3) and (4). The action wa...
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OPINION AND ORDER This is an action for alleged infringement of three patents owned by plaintiff and relating to electric vaporizers. The action was tried without a jury and this opinion incorporates the Court’s findings of fact and conclusions of law pursuant to Rule 52(a) F.R.Civ.P. FACTUAL BACKGROUND The parties, the patents in suit and the issues Plaintiff, Kaz Manu...
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OPINION This is an action alleging that defendants wrongfully prevented plaintiffs *123from distributing a record. album. The action is brought under the anti-trust laws and common law theories. The latter theories are maintainable in the federal court under the doctrine of pendent jurisdiction. Plaintiff Big Seven Music Corp. is engaged in music publishing and is the owner of song copyrights. Pla...
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ORDER In this action Plaintiff, David B. Timo, sues Defendants Associated Indemnity Corporation (Associated), Boulevard Cafeteria (Boulevard), and Robert Tharp (Tharp), for an alleged conspiracy under color of state law to deprive him of due process of law. The action is alleged to arise under Article 14, § 1 of the United States Constitution and 42 U.S.C. § 1983. Jurisdiction is alleged under 28 ...
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MEMORANDUM OPINION This action was commenced on March 14, 1975, when plaintiffs Alfred Rogers and Rupert Lespeare, nonimmigrant aliens present in the Virgin Islands pursuant to 8 U.S.C. § 1101(a) (15) (H) (ii), filed suit for mandatory, *518declaratory and injunctive relief. Specifically, inter alia, they sought a declaration that 24 V.I.C., Chapter 6 and the amendments thereto* — but primarily 24...
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RULING ON MOTION Plaintiff, a construction worker employed by Third Party Defendant, seeks recovery for injuries allegedly caused by Defendants’ negligence and their violation of an Illinois statute. Defendants allege that if a judgment is entered in favor of Plaintiff, Defendants are entitled to indemnification by Third Party Defendant. Third Party Defendant now moves to strike amended Count II o...
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MEMORANDUM OPINION Motion to Dismiss I. In this action, plaintiff Reliance Federal Savings and Loan Association of Chicago (“Reliance”) seeks to enjoin the Federal Home Loan Bank Board (“Board”) from giving effect to Board Resolution No. 74^1393, which approved the application of St. Paul Federal Savings and Loan Association (“St. Paul”), a competitor of Reliance, to establish and operate a bra...
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*753 MEMORANDUM OPINION This action was removed to this Court from the Circuit Court of Cook County, Illinois, pursuant to 28 U.S.C. Sec. 1441 on the grounds that a federal question was involved. It was instituted by depositors of a savings and loan association on behalf of all depositors and derivatively on behalf of the association against the association, its officers and its ...
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OPINION This is an action brought under 42 U.S.C. § 1983 in which the plaintiff seeks *1379 declaratory and injunctive relief for deprivation of rights allegedly secured to her under the Fifth and Fourteenth Amendments. Jurisdiction is claimed under 28 U.S.C. § 1343(3) and (4). Basically, plaintiff’s complaint states that the common law concept of tenancy by the entirety...
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OPINION This is a civil action in which the plaintiff, acting pro se, has filed a prolix and somewhat confusing complaint 32 pages in length. The true nature of the complaint is best discoverable by an examination of the prayers for relief which include a request for a declaratory judgment that he is presently at least a Major General in the United States Air Force, that he has served continuously...
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OPINION I. INTRODUCTION All of the above-captioned cases arise out of the tragic crash of a Delta Airlines, Inc. (Delta) DC-9 twin-engine jet airliner at approximately 11:08 a. m., 1 July 31,1973, at Logan Airport, Boston, Massachusetts. *963 The aircraft, which was identified as Delta Flight 723 (hereafter D 723) was scheduled to fly that morning from Burlington, Vermont to Logan Airpo...
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MEMORANDUM OF DECISION Following a two-week bench trial, this employment discrimination action is now before the court for decision on the merits. The suit was commenced March 2, 1972, by the filing of complaint by three individual plaintiffs seeking to represent a class of persons allegedly subjected to racial discrimination at the hands of the defendants. The scope of the plaintiff class wa...
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OPINION This is a petition for a writ of habeas corpus to compel the release of Thomas Trantino from state custody. Trantino was convicted of murder in the first degree in connection with the 1963 slaying of police officer Peter Voto and Gary Tedesco. He is presently incarcerated in the New Jersey State Prison at Rahway, serving a sentence of life imprisonment. This case has accumula...
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This is an appeal by U. S. Steel & Carnegie Pension Fund (“U. S. Steel”) from an order denying its application pursuant to Section 386 of the Bankruptcy Act, 11 U.S.C. § 786, to set aside the confirmation of the debtor-corporation’s arrangement with its unsecured creditors and granting the debtor’s motion for summary judgment. The debtor-appellee, 20546 Corp. (“20546”), filed its petition ...
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MEMORANDUM AND ORDER Presently pending before the Court are the defendants’ and intervening defendants’ motions to dismiss the original and amended complaints and the plaintiffs’ response thereto presented at the oral argument on this matter.1 Also pending before the Court is plaintiffs’ request for the convening of a three-judge court. The above captioned actions are so-called “reverse discrimina...
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OPINION This action alleges violations of section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) (1970) and rule 10b-5 promulgated thereunder by the Securities and Exchange Commission. The complaint also has two pendent counts based on fraud and failure to exercise due care. Plaintiff has moved for class action certification. We will grant the motion. Westland Minerals Corporati...
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MEMORANDUM Defendant has moved to dismiss this patent infringement action for lack of an *743 indispensable party pursuant to Fed.Rule Civ.Pro. 19(b). In its motion, defendant alleges that plaintiffs are not the legal titleholders of the patent in question, having sold it to Beta Corporation. Defendant argues that under 35 U.S.C. § 281, 1 only the legal titleholder...
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MEMORANDUM DECISION Petitioner has applied for a writ of habeas corpus pursuant to 28 U.S.C. Section 2254 (1970). He presently is confined in the South Dakota Penitentiary by order of the Circuit Court, Third Judicial Circuit, Codington County, South Dakota. A sentence of two years was imposed upon his conviction of possession of marijuana in an amount greater than one ounce. The circumstance...
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MEMORANDUM OPINION This is an action to vacate or modify an arbitration award made pursuant to the collective bargaining agreement of the parties. 29 U.S.C. § 185. The defendants moved for a partial summary judgment and the plaintiff moved for a summary judgment. Rules 56(a), (b), Federal Rules of Civil Procedure. The parties stipulated that the action may be disposed of by the *174Court upon the...
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MEMORANDUM OPINION Our second Sisyphean effort to break through the political thicket of Texas legislative redistricting ended with the hope that we had “come to a clearing, in order to observe the rays of a true democratic society.” Graves v. Barnes (Graves II), 378 F.Supp. 640, 663 (W.D. Tex.1974). Our hopes have been largely realized, for only one segment of the boscage remains yet to be breach...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter is before the Court on plaintiff’s motion for preliminary injunction. Upon consideration of the pleadings and submissions of the parties, and the oral argument of counsel, the Court concludes that plaintiff is not entitled to a preliminary injunction. The Court’s findings of fact and conclusions of law follow. FINDINGS OF FACT ...
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*856 ORDER GRANTING MOTION TO DISMISS This cause came on for consideration upon the defendant’s motion to dismiss. The court, having considered the record and being fully advised in the premises, finds and concludes that the motion should be granted. The complaint asks the court to order the defendant employer to comply with a collective bargaining agreement and submit a dis...
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MEMORANDUM OPINION The problem of attorney’s fees in class actions seems to consume more discussion time among district judges at various seminars than any other topic — unless it is the subject of sentencing.1 Although the question of a proper fee in the instant case has required much time of all concerned, the issue needs to be reviewed in detail. HISTORY OF THE CASE Suit was filed in 19702 all...
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MEMORANDUM OF DECISION The controversy in the instant case revolves around a patent issued to plaintiff as the result of an invention he conceived and reduced to practice in 1970. The pivotal question in the case is whether plaintiff should be allowed to retain the ownership rights in said patent or whether the ownership rights properly accrue to the United States of America. The controve...
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410 F.Supp. 1304 (1976) ST. REGIS PAPER COMPANY, Plaintiff, v. WINCHESTER CARTON CORPORATION, Defendant. Civ. A. No. 71-2052-F. United States District Court, D. Mass. February 18, 1976. John N. Williams and Charles C. Winchester, Fish & Richardson, Boston, Mass., Cooper, Dunham, Clark, Griffin & Moran, by Raymond J. McElhannon and Norman H. Zivin, New York City, for plaintiff. Thomson &am...
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OPINION The facts as alleged in the complaint are essentially as follows: One Roy McKnight had a commodities futures trading account with Plaintiff E. F. Hutton; Defendant Lewis was the account executive in charge of this account; on May 22, 1975, defendant sold short, for July 1975 delivery, a number of pork belly futures without authorization from McKnight. When McKnight learned of the ...
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These habeas corpus matters come before the Court for decision pursuant to 28 U.S.C. § 2254. The parties have submitted the cases upon the state court record. Ronald Roach and Gizelle Graves are presently incarcerated in the Nebraska Penal and Correctional Complex and the Nebraska Center for Women, at York, Nebraska, respectively. Petitioners were jointly tried and found guilty by the Doug...
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OPINION AND ORDER The defendant Harold Martin Graning, Jr. has moved to dismiss this action or for *1029 a change of venue. The suit was instituted by defendant’s ex-wife, Jane Graning, to recover over $24,000 allegedly due plaintiff for breach of a 1969 pre-divorce property settlement. The agreement was executed in New York, the residence of the parties at that time. The divorce decree, proc...
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OPINION This litigation is a private antitrust action. The plaintiff, Harlem River Consumers Cooperative, Inc. [the Co-op], which operates a retail food market, has sued thirty-eight defendants, 1 involved *1259 with various facets of the food industry, charging them with conspiring together in an attempt to drive the Co-op out of business, in violation of §§ 1 and ...
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OPINION Some candidates for the position of delegate to the Democratic National Convention to be held in July of this year, describing themselves as pledged to Presidential Primary Candidate James E. Carter, Jr., sue to require that delegate candidates be identified on the primary ballot by the name of the presidential candidate for whom they propose, at least initially, to vote. Nobody h...
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MEMORANDUM The Computer Industry Association [hereinafter referred to as CIA], a nonparty in this government antitrust action, has moved this court by papers dated November 7, 1975 for a protective order regarding documents produced pursuant to a subpoena served by defendant International Business Machines Corporation [hereinafter referred to as IBM]. CIA has also moved this court by papers dated...
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ORDER The Court has before it for consideration a Motion to Dismiss filed by defendant Chevron Oil Company on October 24, 1975; and a Motion to Dismiss the Cross-Claim in Interpleader filed by defendant Chevron Oil Company on November 26, 1975. Based upon a thorough examination of the briefs filed in regard to said Motions and the law applicable thereto, the following determination is mad...
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MEMORANDUM Defendant has moved to dismiss or in the alternative for summary judgment. The motion is supported by a memorandum of law and the affidavit of Paul R. Muller, Chief of the Civil Actions Branch of the Bureau of Hearings and Appeals, Social Security Administration, Department of Health, Education and Welfare. This case arises under Part B, Title IV of the Federal Coal Mine Health and Saf...
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MEMORANDUM Presently before the court is the above-captioned plaintiff’s motion to proceed on appeal in forma pauperis. The procedure on leave to proceed on appeal in forma pauperis from the district court to the court of appeals is governed by Rule 24 of the Federal Rules of Appellate Procedure which states in part: “(a) Leave to Proceed on Appeal in Forma Pauperis from District Court to Court of...
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In this maritime action, where the owners and/or alleged owners of the tank vessel ELIAS 1 seek exoneration from and limitation of liability, certain injury claimants have moved this Court to attach the proceeds of hull insurance on the tank vessel ELIAS and to add *920 those proceeds to the limitation fund. 2 The claimants argue that the shipowner is a Panama...
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*981 MEMORANDUM AND ORDER David Teague (“decedent”) died as a result of injuries sustained when a tractor-trailer truck which he was driving overturned. The administratrix of the decedent’s estate and decedent’s two children (“plaintiffs”) commenced this diversity action against Consolidated Bathurst Limited and eight of its subsidiaries (“defendants”) seeking to recover damages. The complain...
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412 F. Supp. 1239 (1976) In re REA EXPRESS, INC., PRIVATE TREBLE DAMAGE ANTITRUST LITIGATION.[*] M.D.L. No. 115. United States District Court, E. D. Pennsylvania. February 18, 1976. *1240 Franklin Poul, Judith R. Cohn, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for plaintiffs. Edwin Zimmerman, Gerald P. Norton, James R. Atwood, Liaison Counsel, Covington & Burling, Washington, ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Pursuant to an order to show cause entered herein on December 3, 1975, this matter was called for a consolidated hearing on the prayer for preliminary and permanent injunctive relief. Plaintiffs appeared by their attorneys, Roberto Buso Aboy, Rafael Pérez-Bachs, Francisco López Romo, and Stanley L. Feldstein. Defendants appeared by their a...
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DECISION and ORDER This matter is before the court on the plaintiff’s motion for a temporary restraining order. The action is brought pursuant to 5 U.S.C. § 552(a)(4)(B) of the Freedom of Information Act [FOÍA]. The plaintiff seeks a mandatory injunction compelling disclosure of certain statements in the possession of the N.L. R.B., prior to a hearing on a labor board complaint which charges th...
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AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled action came on regularly for trial before the Court, sitting, *764 without jury, on the 10th and 11th of April, 1975, and on the 20th and 23rd of October, 1975, the Honorable A. Andrew Hauk, Judge Presiding; Philip Michael Brown and Alton I. Leib appearing as counsel for Plaintiffs; Knapp, Stevens, Grossman & ...
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ORDER DENYING DEFENDANT’S MOTION TO SUPPRESS EVIDENCE OF INCRIMINATING STATEMENTS The defendant requested a hearing outside the presence of the jury for a determination by the Court of whether *882 certain incriminating statements made by her subsequent to the time of the offense here charged were voluntary or the product of coercion or duress, irrespective of their truth or falsity. The Cour...
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MEMORANDUM OPINION Plaintiffs Molinaro and Catanzaro have filed some fourteen suits against at least twenty-four electronic equipment manufacturers and sellers alleging infringement of U. S. Patent No. 2,906,875, relating to a “station sampling radio”. 1 Three of these suits, having currently a total of eleven defendants, are currently before this Court. In each, plaintiffs, pr...
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MEMORANDUM AND ORDER This cause is before the court on the motion of plaintiff St. Elizabeth’s Hospital for a preliminary injunction staying and enjoining defendant National Labor Relations Board from holding further proceedings in six consolidated cases all of which involve the plaintiff as a party and which are scheduled for a hearing on February 17, 1976, until the resolution of the document...
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This matter comes before the Court subsequent to a full evidentiary hearing tried to the Court and the submission of extensive trial briefs and post-trial briefs of the parties. In accordance with Rule 52, Fed.R.Civ.P., the Court makes the following findings of fact and conclusions of law. Plaintiff, Union Pacific Railroad Company (hereinafter referred to as UPRR), instituted this action on Januar...
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OPINION This is an action 1 based upon two irrevocable documentary letters of credit by their beneficiary, a New York surety company (“the surety company”), against their issuer, a New Jersey state bank (“the bank”). I. The Issues Considered The principal legal question raised is whether the letters of credit are void and unenforceable more than a year after t...
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Defendants move to dismiss the complaint pursuant to Rule 12(b)(6) Fed.R. Civ.P. for failure to state a claim upon which relief may be granted. Inasmuch as the defendants have submitted “matters outside the pleadings” along with their motion papers, their motion may be treated as one for summary judgment pursuant to Rule 12(b). Plaintiff, in turn, has filed a motion for summary judgment in his fa...
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MEMORANDUM OPINION AND ORDER Three motions are presently outstanding in this case. Plaintiffs and defendant have made cross-motions for summary judgment and, in addition, on January 3, 1975, plaintiffs moved for an order to disqualify as attorneys for the defendant in this action Donald W. Randall, Esq., and the firm of Weil, Lee and Bergin, Esqs. This last motion was referred for review to Unite...
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ORDER The above captioned cause of action is before this Court on an appeal from the determination of Bankruptcy Court on December 10, 1975 which allowed appellee Blazon Flexible Flyer, Inc. (hereinafter Blazon) to continue operation of its business by using its accounts receivable and inventory which had previously been assigned to appellant Citicorp Business Credit, Inc. (hereinafter Ci...
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ORDER This is an action instituted by the United States of America at the request of the Secretary of the Interior in its own right and in its fiduciary capacity on behalf of the Choctaw-Chickasaw Nations against the City of McAlester, Oklahoma, a/k/a City of South McAlester, Oklahoma, (hereafter referred to as “City”); and Charley Chiusana; J. T. Háll a/k/a Joe Turner Hall; Jim Burrows; ...
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MEMORANDUM On June 19, 1975, plaintiff sued defendant, Wheel-Horse Products, Inc., for personal injuries sustained in an accident which occurred on June 20, 1973. Plaintiff charged negligence and violation of § 402A Restatement (Second) Torts. Defendant joined plaintiff’s employer as a third-party defendant, seeking contribution or indemnification. Prior to February 3, 1975, a third-party sue...
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MEMORANDUM OPINION This cause of action arises from a thirty-day suspension of the plaintiff Henry Alex, from the Cranberry Area Senior High School in Venango County, Pennsylvania. This action was taken at a meeting of the Cranberry Area School District School Board on April 21, 1975. The complaint in this case was filed on May 15, 1975, and on June 30, 1975, a motion to dismiss the Cranberry S...
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MEMORANDUM OPINION AND ORDER On June 20, 1975, the Court heard argument in this case and orally permitted the amendment of its Final Pretrial Order dated April 4,1975, so as to include as a triable issue by defendant Containerships, Inc. the *964 question of whether or not the alleged promise or promises now sued upon are barred by the applicable statutes of frauds, having pr...
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MEMORANDUM The plaintiff, Ruth Smith Taliaferro, Pro Se, brings this action against Henry I. Willett, Jr., President of Longwood College, William E. Daniel, Jr., Rector, Longwood College Board of Visitors, and Erwin H. Will, Jr., Chairman of the Board of Trustees of the Virginia Supplemental Retirement System, each in their official and individual capacity, for an allegedly unconstitutional notice...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff in this action is a Delaware Corporation with its principal place of business located in Bristol, Connecticut; its Bowman Products Division (Bowman), headquartered in Cleveland, Ohio, is principally engaged in the business of selling at wholesale various automobile and truck parts and related products. Defendant Wilson, a South Carolina ci...
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ORDER STAYING ACTION PENDING DETERMINATION OF ISSUES BY CIVIL AERONAUTICS BOARD AND DIRECTING PARTIES TO BRIEF DISCOVERY ISSUE This is an antitrust action under Sections 1 and 2 of the Sherman Act, Sections 1 and 2, Title 15, United States Code, and Missouri antitrust statutes, Sections 416.031(1) and (2), Revised Statutes of Missouri (1974), seeking treble damages. Plaintiff is a charter air t...
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MEMORANDUM AND ORDER This cause is before the court upon defendant Canadian Indemnity Company’s Motion for Partial Summary Adjudication, filed January 16, 1976, and plaintiff Equal Employment Opportunity Commission’s Motion for Stay of Proceeding, filed January 19, 1976. The matter was heard on February 2, 1976. The court has read the pleadings and memoranda of law on file and has considered th...
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AMENDED MEMORANDUM OPINION The plaintiff, Lisa Martine Pliscou, is a fourteen year old sophomore student enrolled at Holtville High School, Holtville, California. The plaintiff is before this court seeking a preliminary injunction enjoining the defendants from interfering with the publication of an unofficial student newspaper, The First Amendment. *845 The plaintiff, acting...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, MEMORANDUM OPINION AND ORDERS Plaintiff, Big 0 Tire Dealers, Inc. (hereinafter “Big 0”), a Colorado corporation with its principal place of business in Englewood, Colorado, filed the complaint initiating this action on November 27, 1974. The defendant, The Goodyear Tire & Rubber Company (hereinafter “Goodyear”), is an Ohio corporation with its princip...
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ORDER GRANTING SUMMARY JUDGMENT This cause came on for consideration upon the defendants’ motion for summary judgment. The court, having considered the record and being fully advised in the premises, finds and concludes that the motion should be granted. Plaintiffs are unit owners in a condominium developed by the defendants. At the time each purchased his or her condominium, each was require...
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MEMORANDUM OPINION The court has before it Defendants’ motions to dismiss Plaintiff’s amended complaint pursuant to Rule 12(b)(1) and (6), Fed.R.Civ.P. Plaintiff bases this court’s jurisdiction on 29 U.S.C. § 185. Plaintiff, Earl L. Smart, a member of Defendant Local Union No. 299 (hereinafter the “Union”), was discharged from his employment with Defendants Ellis Trucking Co., I...
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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. Joseph F. Smith operates a machine shop in Greensboro, North Carolina, and is the holder of United States Patent No. 3,180,074, which relates to a high-speed, false twist spindle apparatus. Such a spi...
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ORDER On February 11, 1976, a hearing was held on plaintiffs’ motion for a preliminary injunction. Upon consideration and for the reasons stated below, said motion shall be denied. Invoking this Court’s jurisdiction under the Freedom of Information Act, as amended, 5 U.S.C. § 552 (hereinafter FOIA), plaintiffs initiated this action to force disclosure of certain documents allegedly i...
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MEMORANDUM AND ORDER Presently before the Court is the motion of the defendants to dismiss the plaintiff’s complaint. The defendant, Ronald Sley, contends that there has been an insufficient service of process as to him and therefore the Court lacks jurisdiction over his person. Mr. Sley also contends that as to him the complaint fails to state a cause of action upon which relief can be granted...
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OPINION AND ORDER Before this Court is Plaintiff’s Motion for a Jury Trial pursuant to Rules 38 and 39(b) of the Federal Rules of Civil Procedure. For the reasons set forth in this opinion, that motion will be denied. On September 4, 1975, a Complaint in this case was filed in the Clerk’s Office. Since a demand for Jury Trial was not affixed to the Complaint, Defendants’ attorneys naturally were ...
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OPINION AND ORDER Before this Court is Defendants’ Motion for Leave to Amend Answer to Insert Counterclaim. The motion will be denied as untimely in light of the fact that trial of this matter was completed before this Court on January 19, 1976. This action was instituted on May 2, 1975. Numerous conferences were held with counsel, who are sophisticated attorneys in the patent and copyright field,...
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OPINION and ORDER The plaintiff Grinnell Corporation initiated this case in May of 1972 to challenge the payment by the defendants of unemployment benefits to striking employees as required by the Rhode Island .. Employment Security Act, R.I.G.L. § 28-42-1 et seq., alleging that these payments deprived Grinnell of its federal right to engage in collective bargaining without the interference of sta...
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MEMORANDUM This action is presently before the court pursuant to the hearing held on December 5,1975, to determine the propriety of entertaining plaintiff’s suit as a class action. The facts out of which the present controversy arose have been detailed in a previous memorandum and will not be repeated here. The central question at issue here is whether, assuming the requirements of R...
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MEMORANDUM OPINION AND ORDER The plaintiff applied to the Court for a default judgment against the defendant herein. Rule 55(b)(2), Federal Rules of Civil. Procedure. It would be necessary in order to carry such a judgment into effect to determine the amount of any debt of the defendant to the plaintiff and to establish the truth of certain of the plaintiff’s averments. Idem. However, it appears f...
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ORDER OF DISMISSAL The United States has filed a motion to dismiss for failure to state a claim upon which relief can be granted and a brief in support thereof. The plaintiff has responded with a brief in opposition to said motion. In examining said briefs, the court noted that there was a genuine question as to jurisdiction. After having considered the jurisdictional question, the court ...
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ORDER GRANTING SUMMARY JUDGMENT The Operating Engineers Pension Trust is a joint labor-management trust created in conformance with § 302(c)(5) of the Labor-Management Relations Act of 1947, as amended in 1959 (29 U.S.C. § 186(c)(5). It was created in 1960 by a written agreement to which several contractors associations and home builders associations were signatories as employers and the intern...
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ORDER Plaintiff, no stranger to this court, 1 has filed this action for monetary relief as a result of defendants’ alleged violation of his constitutional rights. Plaintiff also seeks relief, under theories of pendent jurisdiction, for alleged violation of his state constitutional, statutory, and common law rights. Jurisdiction is predicated upon certain of the civil rights sta...
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SUPPLEMENTAL MEMORANDUM DECISION AND OPINION DENYING PLAINTIFF’S MOTIONS FOR INJUNCTION PENDING APPEAL AND PRELIMINARY INJUNCTION On February 6, 1976, this Court denied plaintiff’s motions for a preliminary injunction and for an injunction pending appeal (made pursuant to Fed.R.Civ.P. Rule 65(c)). As for the order denying the Motion for Preliminary Injunction, the Court did not issue an opinion e...
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ORDER AND MEMORANDUM The Court is presented with a motion to dismiss filed by the defendant, National Labor Relations Board, pursuant to Federal Rules of Procedure 12(b). The Court has studied the memoranda filed by both plaintiff and defendant, and GRANTS the defendant’s motion to dismiss. The Court assumes jurisdiction pursuant to 28 U.S.C., § 2284. FACTS On October 21, 1...
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MEMORANDUM OPINION AND ORDER This action arises out of an injury the plaintiff, Vernon J. Davillier, allegedly sustained on or about February 20, 1974 while working as a longshoreman aboard the vessel M/V VALENCIA, owned and operated by the defendant, Cavn Venezuelan Line (hereinafter Cavn), then afloat in the Mississippi River in the port of New Orleans, Louisiana. Employers Nationa...
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MEMORANDUM On December 18, 1975, the Judicial Panel on Multidistrict Litigation, pursuant to a motion filed by Van-S-Aviation Corporation, ordered that six antitrust actions then pending in six different districts 1 be consolidated for pretrial proceedings in the Western District of Missouri, 405 F.Supp. 1402. On January 21, 1976, the first pretrial conference was held at which time it was determ...
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OPINION Plaintiff attached defendant’s bank account on August 13, 1975 and now moves to prove grounds of attachment. I Defendant cross-moves to vacate the attachment and to dismiss, or, alternatively, to stay the proceedings pending arbitration. Plaintiff claims breach of a charter party agreement by defendant to transport fuel from Ghana to plaintiff’s tanks in Salem, Massachusetts....
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MEMORANDUM This action arising out of a sale and purchase of stock is brought under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j (1934 Act), and Rule 10b-5 of the Securities and Exchange Commission, 17 C.F.R. § 240.-10b-5, with jurisdiction invoked pursuant to 15 U.S.C. § 78aa. Plaintiff has also invoked the pendent jurisdiction of this Court over claims arising u...
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OPINION This is an action brought by the United States pursuant to 28 U.S.C. § 1345 1 to enjoin defendants Donald and Alma Zorger from maintaining a campground on a 17.19 acre tract of land located in Greenwood Township, Clearfield County, Pennsylvania. The property, designated as Tract 712-E, is owned by defendants in fee, subject to a government flowage easement over its entirety. The Unite...
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OPINION Before us is the question of the amount of damages to be awarded plaintiff Elizabeth A. Duncan in this legal malpractice action. The issue of liability was previously resolved against defendant when he defaulted and we entered judgment for plaintiff pursuant to Fed. R.Civ.P. 55(b)(2). The complaint on which defendant defaulted charged that, as plaintiff’s then attorney and handling for ...
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412 F. Supp. 277 (1976) Ronnie Lamont WILLIAMS, XXXXX-XXX v. UNITED STATES of America. Civ. A. No. 75-1735. United States District Court, E. D. Pennsylvania, Civil Division. February 12, 1976. *278 Ronnie Lamont Williams pro se. Robert S. Forster, Jr., Asst. U. S. Atty., Robert E. J. Curran, U. S. Atty., E. D. Pa., Philadelphia, Pa., for respondent. OPINION DITTER, District Judge. The question p...
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INTERIM MEMORANDUM AND ORDER Presently before the Court are plaintiffs’ motions to direct notice to prospective members of a class and defendants’ motion for a temporary stay of these proceedings. Plaintiffs, alleged victims of food and/or water poisoning while on cruise aboard the RHMS “Ellinis,” filed a complaint against the defendants based on several theories of liability and, additionally, s...
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OPINION Plaintiff is a resident of New Jersey who desires to be licensed in Puerto Rico as an engineer. Defendants, the members of the Board of Examiners charged with the task of passing upon the qualifications of those seeking sueh a license, have not examined him because of his failure to comply with the statutory residency requirement for licensure. 20 L.P. R.A. § 689. This statute requires ...
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MEMORANDUM DECISION This action to recover a total of $259,-184.00 in taxes and deficiency interest, plus statutory interest, was tried to the court upon stipulated facts. Plaintiffs, Marvin H. Teget and his wife, are joint taxpayers residing in Yankton, South Dakota, where Marvin has been employed since 1960 by Nicolson, Inc.1 (hereinafter Nicolson or the corporation) as executive vice president...
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OPINION AND ORDER An Arkansas citizen, Hayes, flew his airplane from Little Rock to the Memphis International Airport on August 27, 1974, whereupon shortly after landing he was placed under arrest by members of the Metro Narcotics Unit for illegal possession of a quantity of heroin with intent to sell. On September 16, following, he pleaded guilty to a reduced charge of possession of a controlled...
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MEMORANDUM Plaintiffs, Union Live Stock Sales Company, Inc., and Bonded Sleep Products, Inc., both West Virginia corporations bring this action against the Baltimore & Ohio Railroad Company, Inc., a Maryland corporation, for damages allegedly incurred in Parkersburg, Wood County, West Virginia under date of July 11, 1972 as a result of a building fire. The amount in controversy exceeds the sum of...
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MEMORANDUM OPINION The Plaintiffs, Johnston’s Fuel Liners, Inc., Milwaukee Motor Transportation Co. and Universal Transport, Inc., filed their complaint seeking to modify, set aside, annul, suspend or reverse an order of the Interstate Commerce Commission in the matter of Dan Dugan Transport Co., Extension — Asphalt, MC22195 (Sub 147). The Plaintiffs are common carriers who hold certificates of pu...
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*415MEMORANDUM OF DECISION This is an employment discrimination action brought under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.) and the Civil Rights Act of 1866 (42 U.S.C. § 1981) by plaintiff Harry Rodrigues, on behalf of himself and others similarly situated, against his present employer, defendant Pacific Telephone & Telegraph Company, alleging that defendant systema...
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*441 MEMORANDUM OPINION On December 3, 1973, Plaintiff H. Bruce Franklin made application for one of two available faculty positions in the English Department at the University of Colorado. Although his application was one of several hundred submitted, the English faculty approved his appointment in January, 1974, by the “overwhelming” vote of twenty-six to five (one abstention). Pursuant to ...
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410 F.Supp. 571 (1976) CELANESE CORP. et al., Plaintiffs, v. FEDERAL ENERGY ADMINISTRATION et al., Defendants. Civ. A. No. 75-1518. United States District Court, District of Columbia. February 11, 1976. *572 *573 Tucker W. Peterson, Washington, D. C., for plaintiffs. William Warfield Ross, Washington, D. C., for defendant Consumers Power Co. Christopher M. Was, Atty., Civil Div., Dept. of Justice...
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MEMORANDUM DECISION Petitioner, Franklin Thomas, by a habeas corpus petition brought pursuant to 28 U.S.C. § 2254, challenges his Illinois state court convictions of armed robbery and murder upon three separate constitutional grounds: (1) denial of effective assistance of trial counsel contrary to the sixth and fourteenth amendments, (2) refusal of the state to disclose (and the state trial court’...
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MEMORANDUM AND ORDER This is a civil rights action pursuant to 42 U.S.C. §§ 1983, 1985, 1986, and 1988, in which the plaintiff seeks $500,000 in actual and punitive damages for the alleged violation of various constitutional rights. The case is now before the court for determination of the defendants’ motions to dismiss for failure to state a claim upon which relief can be granted. Because cert...
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RULING AND ORDER This is a case arising under the Truth-in-Lending Act, 15 U.S.C. § 1601 et seq., and Regulation Z, 12 C.F.R., Part 226, promulgated by the Federal Reserve Board under that Act. Plaintiff was a loan customer of defendant, the Bastrop Loan Company. On March 21, 1975, defendant filed suit in the Fourth Judicial District Court of Louisiana, Morehouse Parish, a...
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MEMORANDUM OPINION AND ORDER I. This case presents questions concerning the scope and coverage of the arbitration clause contained in Article X of the 1973 Basic Agreement between the American and National Leagues of Professional Baseball Clubs [the Club Owners] and the Major League Baseball Players Association [the Players Association]. The case was commenced on October 28, 197...
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MEMORANDUM This matter comes before the Court upon the motions of defendants to dismiss for lack of personal jurisdiction and lack of subject matter jurisdiction pursuant to Rule 12(b), F.R.Civ.P. [Filings # 28, 41] subsequent to the submission of briefs and oral argument before the Court on December 19, 1975. Ag-Tronic, Inc., a Nebraska corporation, brought this action for a declaratory judgment...
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MEMORANDUM AND ORDER Plaintiff sues her former employer, the within-named defendant, for injunctive and monetary relief on account of defendant’s allegedly discriminatory actions during the period of her employment by defendant and in terminating said employment. The discrimination is, the complaint says, aimed at plaintiff’s *299 race and sex. Plaintiff is said to be a black female. Jurisd...
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Mauclet v. Nyquist was instituted by a resident alien in the Western District of New York; Rabinovitch v. Nyquist was brought by a resident alien in the Eastern District of New York. In both cases, New York Education Law § 661(3) (McKinney’s Supp.1975), 1 which requires an applicant for New York State financial aid 2 to be a United States citizen or intend to become a citizen, was challen...
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FINDINGS OF FACT and CONCLUSIONS OF LAW This action is brought pursuant to 42 U.S.C. § 1983 on behalf of all children placed with and paroled from the Goshen Annex for Boys, an institution within the New York State Training School system, challenging under the Eighth and Fourteenth Amendments the use of isolation, the use of hand and feet restraints, and the use of thorazine or other tran...
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SUR PLEADINGS AND PROOF This is a suit under the Freedom of Information Act (FOIA), 5 U.S.C. § 552 et seq., in which plaintiff Union seeks disclosure by defendants of affidavits which formed the basis for unfair labor charges brought by defendants against Union. The charges were scheduled to be tried before the NLRB on February 4, 1976. The instant suit was instituted on January 26, 1976....
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MEMORANDUM AND ORDER Before the Court are cross-motions for summary judgment filed by the parties to this action. Plaintiff brought suit to obtain judicial review of a final decision of the Secretary of Health, Education and Welfare (“Secretary”) which denied her disability benefits under the Social Security Act, 42 U.S.C. § 301 et seq. This Court’s power to affirm, modify, reverse or remand ...
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MEMORANDUM AND OPINION I. INTRODUCTION In this diversity action, plaintiffs seek to recover damages resulting from certain alleged defects in 46 railroad tank cars manufactured and sold by defendant to plaintiffs in 1966. Plaintiffs assert causes of action premised on negligence, strict liability in tort, breach of express and implied warranties, and breach of contract. Defendant has...
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406 F. Supp. 1218 (1976) UNITED STATES of America, Plaintiff, v. Clem A. BOHR and Robert J. Joling, Defendants. No. 64-CR-99. United States District Court, E. D. Wisconsin. February 11, 1976. William J. Mulligan, U.S. Atty., Milwaukee, Wis., for plaintiff. Irving D. Gaines, Milwaukee, Wis., for defendant Joling. DECISION AND ORDER REYNOLDS, Chief Judge. A motion has been brought by defendant Rob...
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DECISION and ORDER The plaintiff, sponsor-mortgagor and life tenant of a multi-family housing project in Nashville, Tennessee, has sued the Secretary of Housing and Urban Development (HUD) and the Acting Federal Housing Commissioner in a 12-count amended complaint. The action was tried to the court in November, 1975, after which both parties filed post-trial briefs. The plaintiff has informed the ...
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ORDER In its Order of August 7, 1975, D.C., 399 F.Supp. 271, this Court disposed of the issues raised by Civil Action 7094-72-H; allowed amendment of Civil Actions 5620-69-H and 6091-70-H to permit them to proceed as class actions, and continued same for further study. On August 29, 1975 a joint Order in this and other cases was issued with Judge Frank M. Johnson, Jr. of the Middle District, enjoi...
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MEMORANDUM OPINION In this case the Petitioner, John H. Hughes, seeks habeas corpus relief pursuant to 28 U.S.C. § 2254, contending that he is being held in the Sebastian County Jail on excessive bail and that he has been denied the right to a speedy trial. On January 28, 1976 a full evidentiary hearing was held and the Court, being appraised of the facts, hereby finds that the petition is without...
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MEMORANDUM OF DECISION We are asked to consider whether a school board’s decision to close the only high school in a predominantly black neighborhood violates the equal protection guarantees of the Fourteenth Amendment. The request is brought on behalf of classes of students, parents, residents and concerned others 1 under § 1983 of Title 42 U.S.C. and Title VI of the Civil Rig...
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ORDER Plaintiff Davide R. Grassetti, Director of Research for the Arequipa Foundation, San Francisco, Clinical Associate Professor of Biochemistry, School of Dentistry, University of the Pacific, San Francisco, and holder of a Ph.D. degree in chemistry from the University of Lausanne, Switzerland, brings this action against various individuals associated with the federal government’s canc...
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MEMORANDUM OF DECISION ON DEFENDANT’S MOTION TO SUPPRESS Defendant, charged with armed bank robbery, has moved to suppress various items seized from his apartment, some taken at the time of his arrest without a warrant and others taken subsequently by officers executing a search warrant. The right to enter the apartment and the manner of entry are the principal issues. At 6:12 p. m. ...
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MEMORANDUM OF DECISION The petitioner Lawrence Lee Guinea was charged by an information filed in the County Court in and for Hillsborough County, Florida, with possession of less than five grams of marijuana, an offense against the laws of the State of Florida (Section 893.13(l)(f), Florida Statutes 1974.) The petitioner was arraigned and plead not guilty. At that time he was represented by the Pu...
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MEMORANDUM OPINION Plaintiff has filed suit to challenge the United States Parole Board’s (Board) denial of his application for parole. He seeks a writ of mandamus under 28 U.S.C. § 1361 ordering the Board to grant him parole or a declaratory judgment under 28 U.S.C. § 2201, declaring that the Board’s denial of parole was invalid as arbitrary and capricious, and supplementary relief under 28 U....
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MEMORANDUM OF DECISION AND ORDER This case is before the court on motions by each of the defendants to dismiss for lack of jurisdiction and for failure to state a claim upon which relief can be granted, Rules 12(b)(1) and (6), Fed.R.Civ.P., 1 and upon plaintiffs cross-motion for summary judgment, Rule 56, Fed.R.Civ.P. Defendants have submitted affidavits and other documentation...
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MEMORANDUM OPINION AND ORDER This case involves the use to be made of and effect of the statutory presumption in the Black Lung Benefits Act of 1972. Plaintiff is an 85-year-old widow who asks this court to review the decision of the Secretary of Health, Education and Welfare denying her claim for benefits under the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. § 901 et seq., as amen...
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MEMORANDUM OPINION AND ORDER Presently before the Court is an amended petition for a Writ of Habeas Corpus filed on behalf of James Barkley which seeks to prevent the United States Marine Corps from exercising control over the petitioner and removing him from the jurisdiction of this Court to face possible disciplinary proceedings for unauthorized absence in another state. The respondents have fil...
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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 died as a result of the crash. On March 11, 1975, the Panel issued an opinion and order determining the propriety of transfer pursuant to 28 U.S.C. § 1407 of three actions arising from the crash. 1 T...
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OPINION AND ORDER This litigation consists of 25 actions pending in nine various federal district courts: eight in the District of South Carolina; five in the District of Hawaii; four in the Southern District of California; three in the Western District of Washington; and one each in the Northern, Central and Eastern Districts of California, the District of Idaho and the Northern District of Fl...
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OPINION This action for patent infringement and related claims is now before the court on motions by the six defendants for an order substituting one Samuel Dubiner as plaintiff or dismissing the complaint for failure to join Dubiner as an indispensable party. F.R.Civ.P. 17 and 19. There are also motions by defendant Seiberg for dismissal for lack of subject matter jurisdiction of the cla...
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MEMORANDUM OPINION Plaintiff Central Motor Company (Central) has brought civil action for the refund of additional income taxes paid by it for the years 1966, 1967, and 1968. The additional *55income taxes in question were assessed pursuant to the Internal Revenue Commissioner’s disallowance of deductions initially taken by Central for contributions claimed to have been paid to a qualified profit-...
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MEMORANDUM AND ORDER The petitioner is a state prisoner at Attica Correctional Facility and brings this action for a writ of habeas corpus under the provisions of Title 28, United States Code, Section 2254(a). On July 7, 1971 the petitioner was convicted of murder of one Diane Thomas by a jury under New York Penal Law § 125.25 in the County Court of Erie County. On September 9, 1971, judgment was ...
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MEMORANDUM AND ORDER Sutton Place Apartments (“Sutton Place”), a partnership, engaged Gene B. Glick Company, Inc. (“Glick”) as general contractor to construct certain residential premises (“the project”). R. J. Nero Construction Co., Inc. (“Nero”), was a subcontractor and Clarence Sand and Gravel Corp. (“Clarence”) supplied materials to Nero for the project. On October 1, 1974, the United States ...
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MEMORANDUM By Memorandum Opinion dated November 12, 1975, 403 F.Supp. 625, we determined that Memorex Corporation (Memorex) breached its contract with Copylease Corporation of America (Copy-lease) for the sale of toner and developer and directed the parties to submit proposed judgments with supporting documentation relating to the availability of injunctive relief, or, more precisely, spe...
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*501MEMORANDUM OF DECISION AND ORDER This is a Section 2201 declaratory judgment diversity action, wherein Plaintiff is seeking a declaration of rights and liability under a contract of insurance covering the statutory liability of a common carrier of property pursuant to Chapter 8-09, North Dakota Century Code. The justiciable controversy arises from a claim for loss of use of a crane that was da...
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ORDER This cause is before the court on the Petition of Lovell Smith for a writ of habeas corpus. The petitioner is serving a 75-year sentence in the Oklahoma State Penitentiary at McAlester, Oklahoma, for the crime of Assault and Battery With Deadly Weapon With Intent to Kill After Former Conviction of a Felony imposed by the District Court of Oklahoma County, Oklahoma, in case No. CRF-70-931 aft...
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MEMORANDUM AND ORDER DENYING MOTION TO DISMISS This case presents the novel question of whether the change in Pennsylvania’s drug laws which reduced the crime of simple possession of marijuana from a felony to a misdemeanor effectively made the defendant, who was a convicted felon under the former statute, eligible to purchase and possess firearms under 18 U.S.C. §§ 922(a)(6) and 924(a) and 18 ...
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ORDER On 10 November 1975 defendants filed motions to dismiss on the ground, inter alia, that the amount actually in controversy is less than $10,000. An appropriate brief accompanied the motion. Having received plaintiff’s brief in opposition to the motion the Court, on 12 January 1976 entered an order denying defendant’s motion to dismiss. Defendants have now filed a “Request for Reconsideration...
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MEMORANDUM Plaintiff, a Virginia state inmate, brings this action under 42 U.S.C. § 1983 against various state correctional officials in which he challenges the proceedings through which he was placed in maximum security status. Jurisdiction of the Court is invoked pursuant to 28 U.S.C. § 1342. The matter comes before the Court on defendants’ motion for summary judgment and plaintiff’s response...
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ORDER DENYING DEFENDANT’S MOTIONS TO DISMISS EITHER COUNT OF INDICTMENT, AND DENYING DEFENDANT’S AND PLAINTIFF’S CROSS-MOTIONS TO LIMIT OPENING STATEMENTS At the request of counsel the above matters were heard before the Court outside the presence of the jury. The defendant moved for a dismissal of one or the other count in the indictment against her, to wit: 18 U.S.C. § 2113(a), (d), Armed B...
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MEMORANDUM OF DECISION AND ORDER This is a petition for a writ of habeas corpus brought by a prisoner in state custody pursuant to the provisions of 28 U.S.C. Section 2254. Jurisdiction in this Court is based on 28 U.S.C. Section 2241. Petitioner is presently incarcerated in the custody of respondent Warden of the Illinois State Penitentiary, Stateville Correctional Center. The case is presentl...
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MEMORANDUM OF OPINION AND ORDER OF THE COURT This is a paternity action brought by a citizen of Maine against a citizen of Massachusetts. It was instituted pursuant to the Maine Uniform Act on Paternity, 19 Me.Rev.Stat.Ann. § 271 et seq. (1975 Supp.), in the Superior Court of Hancock County, Maine. Defendant removed the action to this Court pursuant to 28 U.S.C. §§ 1441 and 144...
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OPINION AND ORDER In 1972 Valley Forge Corporation (VFC) and Certain-Teed Products Corporation (Certain-Teed) formed Brandy-wine Associates, a Pennsylvania limited partnership which has its only office in Philadelphia. As part of this formation, Brandywine purchased from VFC four apartment projects, a motel and an interest in an office building complex. As a condition of the sale of the apartme...
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OPINION This is an action instituted pursuant to 42 U.S.C. § 1983 seeking declaratory and injunctive relief against the enforcement of NHRSA 262:27-c, which makes it a crime to obscure the words “Live Free or Die on New Hampshire state license plates. Plaintiffs, George and Maxine Maynard — both Jehovah’s Witnesses— state that they have political and religious objections to operating a mo...
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Plaintiffs bring this action to challenge the recoupment provisions of both the federal [45 C.F.R. § 233.-20(a)(12)(i)(A)(2)] and New York State [18 N.Y.C.R.R. § 35¿31(d)(2)] statutes under the Aid to Families with Dependent Children Program [AFDC], 42 U.S.C. § 601 et seq. These regulations allow AFDC overpayments, caused by the willful withholding of information by a recipient, to b...
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MEMORANDUM AND ORDER In this maritime personal injury action a longshoreman seeks to recover damages from a shipowner for injuries allegedly caused by the “carelessness and negligence of the defendant, by its agents, servants, workmen and employees . . . and the failure of defendant to satisfy its nondelegable duty and obligation to provide plaintiff with a reasonably safe place to work.” The Com...
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MEMORANDUM AND ORDER . This matter comes before the Court on defendants’ motions, pursuant to Rules 52 and 59, F.R.Civ.P., for reconsideration, amendment and augmentation of our memorandum and order dated September 24, 1975, in which we rendered our post-trial findings of fact and conclusions of law in this protracted patent litigation. In brief, we found that Claims 1, 2 and 3 of the United Stat...
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OPINION This is a Truth-in-Lending case which involves the credit sale of an automobile purchased from the defendant, Ted McWilliams Volkswagen, Inc., and financed through the defendant, Mellon Bank, N.A. The plaintiff’s cause of action is based upon the defendants’ failure to comply with the disclosure provisions of the Act, 15 U.S.C.A., § 1601 et seq. and Regulation Z, 12 C.F.R., § 226.1 et s...
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*354MEMORANDUM DECISION AND ORDER This is an action by a lessor against his lessee and his lessee’s assignee. Jurisdiction to hear the cause exists under the diversity provisions of 28 U.S.C. § 1332. The lessor is Chi-Mil Corporation (“Chi-Mil”), the lessee is W. T. Grant Company (“Grant”), and the assignee is Forest City Enterprises, Inc. (“Forest City”). The lease in question covers certain comm...
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MEMORANDUM This matter is now before the Court to be decided on opposing motions for summary judgment and accompanying briefs, pleadings, stipulations of facts and exhibits herein. Plaintiff, Sherwood Trucking, Inc. (Sherwood) is an Indiana corporation, with its principal place of business in the State of Indiana. The use plaintiff, Reserve Insurance Company (Reserve), is an Illinois corporation ...
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ORDER There is now presented the Plaintiff’s motion to strike the amended answer filed herein December 2, 1975, by Defendant Bank of Wadley. Plaintiff sues for breach of the terms of an allegedly irrevocable letter of credit. Defendant Bank defends on the ground that this letter of credit obligated it to lend a sum of money greater than that which banks are allowed to lend by the terms of...
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OPINION AND ORDER FINDINGS OF FACT 1. Plaintiff, Robert W. Bailey, Jr., an individual residing in Blue Bell, Pennsylvania, is a pilot licensed by the Commonwealth of Pennsylvania to engage in pilotage on the Delaware Bay and River. 2. The Defendant' Pilots’ Association for the Bay and River Delaware is an unincorporated association with an office in Philadelphia, Pennsylvania, w...
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OPINION I. BACKGROUND A number of lawyers have filed petitions for counsel fees in connection with the settlement of these two cases. Both cases arise out of the financial collapse in June 1970 of the Penn Central Trans*368portation Company, all of whose stock was held by the Penn Central Company. The complaint in Dorfman v. First Boston Corporation, et al. was filed on July 7, 1970, and the comp...
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MEMORANDUM AND ORDER Petitioner was sentenced February 26, 1973, by the York County Court to a term of five to ten years after conviction for armed robbery, burglary, larceny, receiving stolen goods, wantonly pointing a deadly weapon, and assault and battery. He now seeks a writ of habeas corpus alleging that his in-court identification should have been suppressed because it was based on an imp...
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OPINION On February 15, 1975, Plaintiffs Kisko, Babcock, Snyder, Vonsik, and Whitmyer, while in the performance of their duties for their employer, Penn Central, were riding in a taxicab driven by James Long and owned by Charles Long, individually and t/d/b/a Long’s Taxi Service. The trip originated in Renovo, Pennsylvania and was to terminate in Buffalo, New York. Near Holland, New ...
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OPINION On May 19, 1973, the Motor Vessel COMET sank off Point Judith, Rhode Island, with a loss of sixteen lives, including that of Steven Gercey, the plaintiffs’ decedent. The plaintiffs in this wrongful death action allege that the United States Coast Guard failed to use due care in carrying out its statutory duty of insuring the safety of passengers upon vessels that are required to b...
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OPINION and JUDGMENT This action arises under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., as amended by the Equal Pay Act of 1963, 29 U.S.C. § 206(d) and the Age Discrimination in Employment Act, 29 U.S.C. § 626. The plaintiff, a fifty-six year old female, was an empl...
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MEMORANDUM This action is one brought by the State Water Control Board, an agency of the Commonwealth of Virginia, against Russell E. Train, Administrator of the United States Environmental Protection Agency in an attempt to obtain the relief for Virginia and certain of her political subdivisions from compliance with the July 1,1977 deadline attainment of certain effluent limitations by p...
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MEMORANDUM AND ORDER The concern of the Court at this time is a motion to dismiss the defendant as a party pursuant to Rule 25(a) (1) of the Federal Rules of Civil Procedure. The action is one for declaration of a constructive trust, a permanent injunction and damages. The Complaint was filed on July 25, 1974. On February 27, 1975, a suggestion of death of Inger O’Mahoney, the named defendant in t...
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OPINION * Defendants are charged with Conspiracy to Distribute and to Possess Heroin and Cocaine with Intent to Distribute (21 U.S.C. §§ 846, 841(a)(1)) and Distribution and Possession with Intent to Distribute Heroin and Cocaine (21 U.S.C. § 841(a)(1)). The motion presently before the court is defendant Monroe’s Motion to Dismiss the Indictment, in which defendants Horn, Johnson and Willis h...
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FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER This cause having come before the Honorable Court upon a complaint for injunctive and monetary relief by the United States of America, and after consideration of the pleadings in this matter; the pre-trial stipulation filed by the parties at the pre-trial conference on September 24, 1975; and the proceedings at the trial in this matter on Dece...
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Plaintiff in this action seeks to recover damages as a result of the death of her husband in a collision between the automobile he was driving and a truck being driven by the defendant. The question in this case is whether the lawsuit is barred by a jury verdict adverse to her after a trial on the merits in this court in which the defendant’s employer, Dallas Sheet Metal Works, Inc., was the defe...
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MEMORANDUM DECISION AND ORDER ON MOTION FOR SUMMARY JUDGMENT Statement of the Case: Plaintiffs Steven and Donna Sneed allege that they obtained a loan for $1,350 from Beneficial Finance Company of Hawaii. In exchange for the loan, the Sneeds state they agreed to pay a finance charge of $367.88 and U.C.C. filing fees of $2.00. They also paid life insurance premiums of $25.73 and “...
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MEMORANDUM DECISION In June, 1971, plaintiff, Daniel Hale Williams Memorial Health Foundation, an Illinois not-for-profit corporation, entered into a written contract with defendant, City of Chicago, and its Board of Health, to conduct a comprehensive neighborhood health center project in a specified target area on the south side of the City inhabited predominantly by black persons. Funds for the...
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MEMORANDUM DECISION This is an action to review a final decision of the Secretary of the Department of Health, Education and Welfare (Secretary) that the plaintiff, John A. Pichon, is not entitled to benefits under Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, Black Lung Benefits Act of 1972, 3Ó U.S.C. § 901 et seq. (Supp.1974). The Secretary has answered the complai...
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RULING ON MOTION On August 3, 1973, Plaintiff was involved in an accident with an Internal Revenue Service agent driving a government automobile. Plaintiff’s insurer filed an administrative claim with the Internal Revenue Service for property damage in the amount of $737.90. The claim was allowed in full. Before receiving payment Plaintiff and his insurer executed a“VOUCHER FOR PAYMENT UN...
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Milton G. Johnson, Personal Representative of the Estate of Mahmood Na-seem (Mahmood), deceased, and Abdul Qadir Naseem (Naseem), father of Mahmood, seek damages from the National Institutes of Health under the provisions of 28 U.S.C. § 1346, popularly called the Federal Tort Claims Act. This tragic saga began in Pakistan where Mahmood was born with a congenital heart defect, which severely lim...
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OPINION This matter is before the court on the motion of defendant Lindberg Hall to suppress evidence seized at the time of his arrest. The defendant, a convicted felon, is charged in a one-count indictment with unlawful possession of a firearm in violation of 18 U.S.C.App. § 1202(a)(1). An evidentiary hearing *440was held on this matter at which time certain relevant facts were established. While...
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415 F.Supp. 451 (1976) James CHEYDLEUR, Plaintiff, v. Carla HILLS, Secretary of U. S. Department of Housing and Urban Development, Defendant. Civ. A. No. 5-71344. United States District Court, E. D. Michigan, S. D. February 5, 1976. *452 Louis Rabaut, Detroit, Mich., for plaintiff. Ralph B. Guy, Jr., U. S. Atty., Thomas M. Woods, Asst. U. S. Atty., Detroit, Mich., for defendant. MEMORANDUM OPINI...
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MEMORANDUM & ORDER Plaintiff, a Black female, seeks compensatory and injunctive relief from defendant corporation and six of its officers under Civil Rights laws for claimed discriminatory treatment as an employee and for wrongful discharge based on race and sex. Jurisdiction is properly based on 42 U.S.C. § 2000e, et seq. and 42 U.S.C. § 1985(3). The case was tried to the...
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MEMORANDUM AND ORDER Defendant Carole Beberfeld moves to dismiss this narcotics indictment on the ground that the government has failed to comply with the six month rule 1 set forth in the Plan For Achieving Prompt Disposition of Criminal Cases. 2 The principal questions raised by this motion are whether a certain written waiver of speedy prosecution signed by the defendant tolled the opera...
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MEMORANDUM This civil rights action arises out of the arrest of plaintiff by William Clark, a police detective employed by the City of Philadelphia. Plaintiff alleges that, in the course of that arrest, he was “brutally, maliciously and wilfully” assaulted by Clark and sustained serious injuries as a result of the attack. Presently before the Court is the City of Philadelphia’s motion to dismis...
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MEMORANDUM OPINION Nicholas Caramandi was convicted by a jury of Conspiracy and Possession of Counterfeit Currency. 1 The Government’s case rested upon the testimony of several Secret Service Agents and Frederick Angelucci, an indicted co-conspirator who had entered a plea of guilty. Caramandi moved for a new trial and for arrest of judgment. These motions were denied for the reasons which fo...
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OPINION AND ORDER I. The Cast and Script This is a suit seeking damages for a claimed breach of a contract to pay commissions for locating a purchaser of crude oil. High hopes of oil brokers have been dashed in the wash of an oil embargo, government regulations of oil and a precipitate increase in the price of crude oil. 'he players in this game of price roue include the pl...
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MEMORANDUM Plaintiff seeks damages against each of the defendants alleging negligence on the part of each while performing an operation upon the plaintiff while she was a member of the military services. Plaintiff invokes the jurisdiction of the Court by virtue of diversity of citizenship. 28 U.S.C. § 1332. The material facts are not in controversy, and the matter comes before the Court on th...
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OPINION AND ORDER This is a civil action to vacate or modify the award of a labor arbitrator, brought pursuant to 29 U.S.C. § 185(a) and 28 U.S.C. § 1337. Plaintiffs allege that they are the bargaining representatives for certain employees of defendant at defendant’s plant in LaCrosse, Wisconsin; that plaintiffs and defendant were at all material times parties to a collective bargaining agreement;...
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ORDER Defendants were indicted under 18 U.S.C. Secs. 922(b)(3), 922(b)(5), 922(m), and 924(a).1 The Government’s motion to consolidate these two cases for trial was unopposed by defendants and granted by the Honorable Harvey E. Schlesinger, United States Magistrate. Before trial, and pursuant to Fed.R.Crim.P. 41(e), defendants moved to suppress the bound acquisition-disposition volume (commonly an...
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OPINION Appellee, Rosa A. Torres, Administratrix of the Estate of Jose Nededog Torres, filed a petition for land registration in the Island Court of Guam applying for registration of 1,264,017.17 square feet, or approximately 11 hectares, of land in Gonga, Dededo, Guam. The Honorable Paul J. Abbate, Judge of Island Court of Guam, granted the petition on June 20, 1974. Oppositors appealed to the Ap...
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FINDINGS OF FACT and CONCLUSIONS OF LAW This action having been tried by the court without a jury, and the court having heard oral argument of counsel for the parties and having considered all of the evidence, the memoranda and exhibits filed herein, and now being fully advised in the premise's, hereby makes the following Findings of Fact and Conclusions of Law: Findings of Fact ...
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MEMORANDUM OPINION This is an action brought by ten named individual plaintiffs, for themselves and as representatives of low and moderate income persons for whom there is allegedly inadequate housing in Du-Page County, and by two community organizations, to enjoin alleged exclusionary housing practices of the defendants, DuPage County, Illinois, its supervisors, and several large land developers ...
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OPINION AND ORDER On September 30, 1975 a Special Grand Jury was empaneled pursuant to the order of this Court en banc upon the written request of Assistant Attorney General Richard L. Thornburgh, head of the Criminal Division for the Department of Justice. The order empaneling said Special Grand Jury is as follows: IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA IN THE M...
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*245 OPINION AND ORDER Before ALFRED P. MURRAH * , Chairman, and JOHN MINOR WISDOM ** , EDWARD WEINFELD *, EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH S. LORD, III, and STANLEY A. WEIGEL, Judges of the Panel. On June 24, 1975, and" Eastern Air Lines 727 jet aircraft, en route from New Orleans, Louisiana, to New York, New York, crashed on its approach to John F. Kennedy International Airp...
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OPINION This action to set aside a decision of the Comptroller of the Currency, approving the application of The Chase Manhattan Bank (“Chase”), to establish a branch in Locust Valley, Nassau County, New York, is presently before us on cross-motions for summary judgment. Rule 56 Fed.R.Civ.P. Plaintiff, invoking the Administrative Procedure Act, 5 U.S.C. § 706, seeks review of the Comptroller’s de...
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OPINION AND ORDER Triumph Norton Incorporated (formerly known as The Birmingham Small Arms Company, Incorporated) (“Triumph”) moves for an order, pursuant to Rule 56 of the Federal Rules of Civil Procedure, granting summary judgment in its favor upon all claims and counterclaims asserted in the above entitled actions on the grounds that there is no issue as to any material fact and that T...
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OPINION These are two related causes of action for amounts due to a general contractor under construction contracts for the construction of two low-income housing developments. For convenience, 75 Civ. 84 will be referred to as East New York, and 75 Civ. 85 will be referred to as Brownsville. Plaintiff has moved for summary judgment in each case under the Federal R...
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ORDER Defendant Howard Burnell Grant has filed a Motion to Suppress certain evidence to which Plaintiff has filed a Response in Opposition. On January 20,1976, the Court conducted an evidentiary hearing on said Motion and arguments of counsel for both parties were heard. The instant Motion to Suppress has two facets, the first relating to items allegedly seized in the search of an automobile at...
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ORDER The above Defendant has filed two Motions To Suppress evidence herein. The evidence desired suppressed in each Motion is alleged incriminating statements made by the Defendant to law enforcement officers. Each Motion alleges a separate ground to suppress such evidence. One Motion claims that such alleged statements should be suppressed because they were made after an illegal arrest of Defend...
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MEMORANDUM AND ORDER On January 23, 1975, a jury in Cook County, Illinois, returned verdicts in favor of Peter Karabatsos, et ux., and against plaintiff for $210,000. On August 6, 1975, plaintiff filed this action seeking a declaratory judgment that The Travelers Insurance Companies (“Travelers”) negligently and in bad faith failed to protect plaintiff’s interests in the Illino...
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MEMORANDUM OPINION AND ORDER The defendants Messrs. Turner and Dykes respectively moved herein for certain pretrial and trial discovery.* Specifically, such movants request that the government furnish to them prior to trial herein the criminal records of the prosecution’s intended witnesses and of their codefendant and a list of such government witnesses with a summary of their testimony, and that...
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MEMORANDUM OPINION AND ORDER This is an action for damages for deprivation by the defendants of the plaintiff’s right under the Constitution, Fourteenth Amendment, Equal Protection Clause and Fifth Amendment, Due Process Clause. 42 U.S.C. § 1983. The Court’s jurisdiction was properly invoked under 28 U.S.C. § 1343(3). The gravamen of the plaintiff’s complaint is that the defendants deprived h...
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MEMORANDUM This is a civil rights action brought by the plaintiff, Charlotte Carson, against defendants Frances Elrod, Director of the Virginia Beach Department of Social Services, William Lukhard, Director of the Virginia State Department of Welfare, and the Honorable Phillip L. Russo, Judge of the Second Judicial Circuit of the Commonwealth of Virginia. The defendants are sued individually as...
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OPINION and JUDGMENT William Frank Marshall has filed this pro se complaint pursuant to 42 U.S.C. § 1983 alleging mistreatment by state and corrections officials in refusing to order a reduction in his period of incarceration pursuant to Section 53 — 220 of the Virginia Code,1 for services rendered to these officials. He seeks monetary and injunctive relief. Specifically he states that he furnishe...
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DECISION AND ORDER Defendants in this action are charged in a four-count indictment with criminal tax evasion for the years 1969-1972, inclusive, in violation of § 7201 of the Internal Revenue Code, 26 U.S.C. § 7201. Presently pending before the Court is defendants’ motion to suppress certain evidence allegedly obtained by the Government in violation of defendants’ Fifth Amendment right against se...
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ORDER OF DISMISSAL Petitioner, a prisoner in state custody at the Sierra Conservation Center, Jamestown, California, filed a petition for a writ of habeas corpus challenging inter alia (1) the suspension and revocation of his outpatient status from the California Rehabilitation Center (hereinafter “CRC”) and (2) his subsequent exclusion from CRC. The Court issued an Order to Show Cause on January ...
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MEMORANDUM OPINION This case comes before the Court on the parties’ cross motions for summary judgment. Plaintiff, a non-profit association whose members include nearly two hundred manufacturers and distributors of cosmetic products, asks this Court to declare invalid certain regulations promulgated by the defendant Food and Drug Administration on the ground that the regulations are arbit...
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ORDER AND OPINION Plaintiff commenced this action on October 10, 1975, pursuant to the Age Discrimination in Employment Act (ADEA), 29 U.S.C. Sec. 621 et seq. He alleges that on or about January 31, 1974, he was involuntarily retired and terminated from defendant’s employment because of plaintiff’s age. Plaintiff was 58 years old. He further alleges that on or about June 10, 19...
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MEMORANDUM OPINION These cases involve civil rights (42 U.S.C. § 1983) challenges to the order in which candidates are listed on ballots for the Illinois primary election now scheduled for March 17, 1976. They are consolidated for the purpose of resolving the pending motions. Plaintiffs in 76 C 290 seek to be delegates and alternate delegates to the Democratic National Convention; plaintiff in 76...
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MEMORANDUM OPINION AND ORDER This is an action by citizens of Massachusetts to recover damages allegedly received from a drug manufactured by the defendant in Kalamazoo, Michigan. Defendant is a foreign corporation that has its principal place of business in Kalamazoo, Michigan, and it is licensed to do business in Michigan. It maintains an office for the sale and production of urethane i...
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MEMORANDUM OPINION This case is before us, on remand from the United States Court of Appeals for the Fifth Circuit, so that we may decide a delicate problem of constitutional interpretation. Does the Eleventh Amendment bar a federal court from assessing attorneys’ fees and litigation expenses against a state defendant which has unsuccessfully defended, in bad faith and in a vexatious and wanton m...
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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 of this court is pursuant to § 413(b) of the Act, 30 U.S.C. § 923(b) which incorporates § 205(g) of the S...
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OPINION AND ORDER This is a civil action for injunctive and declaratory relief against further proceedings before the National Labor Relations Board (NLRB) in which plaintiff is charged with unfair labor practices. The complaint also seeks an order compelling disclosure of agency records under the Freedom of Information Act, 5 U.S.C. § 552, as amended, Pub.L.No.93-502 (1974). Defendants have mo...
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MEMORANDUM OF DECISION I. STATEMENT OF THE CASE This is an action for a declaratory judgment and injunctive relief against the defendant, James E. Smith, Comptroller of Currency (hereafter Comptroller). Plaintiff seeks a declaratory judgment that a ruling, 12 C.F.R. § 7.3500, Use of data processing equipment and furnishing of data processing services, issued by the Comptro...
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MEMORANDUM OF OPINION Defendants herein are charged with violations of 21 U.S.C. §§ 841(a)(1), 843(b) and 846, Possession with Intent to Distribute Cocaine, Possession with Intent to Distribute Heroin, Use of Telephone to Facilitate Commission of a Felony, and Conspiracy to Possess and Distribute Controlled Substances, respectively. On December 22, 1975, defendants moved the Court to dism...
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MEMORANDUM Trial in the above captioned matter began on January 27, 1976, when the Court commenced conducting voir dire of prospective jurors, pursuant to Rule 24(a) of the Federal Rules of Criminal Procedure and Rule 19 of the Local Rules of Practice of this District. In view of the unusually pervasive publicity that has attended this case, it was stipulated by counsel representing both the Go...
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MEMORANDUM OPINION This matter is before the court on the parties’ cross-motions for summary judgment. The action arises out of a series of decisions by the defendants with regard to the postal rates applicable to two of plaintiff’s publications, as well as to other general mailings. Specifically, the United States Postal Service took action to: (a) deny the application of the Nation...
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MEMORANDUM AND ORDER .In this action, REA Express, Inc. [REA] has sued Travelers Insurance Company [Travelers], twenty-two railroad companies [railroad defendants], the National Railway Labor Conference [NRLC], the Eastern Carriers’ Conference [ECC], and the Eastern Carriers’ Conference Committee [ECCC]. Counts I and II allege, respectively, violations of Section 10 of the Clayton Act, 15...
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MEMORANDUM AND ORDER Plaintiff was honorably discharged from the Air Force following formal administrative hearings because he was found unfit by reason of his having voluntarily acknowledged that he is a practicing homosexual. He seeks reinstatement and back pay, contending that the Air Force regulation barring homosexuals except in exceptional situations is unconstitutional and, alternatively...
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MEMORANDUM AND ORDER This action arises from the initiation of disciplinary proceedings against plaintiff Niles, an attorney duly licensed to practice law by the Supreme Court of the State of Hawaii. Plaintiff is alleged to have violated Disciplinary Rules of the Supreme Court of the State of Hawaii (hereinafter “DR”) 2-101(A)1 and DR 2-101(B)2 by publishing and disseminating statements announcing...
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MEMORANDUM OPINION AND ORDER The plaintiffs, Eugene and Jacqueline Guernsey, have instituted this action on behalf of themselves and all other similarly situated persons. The complaint reads in seven rhetorical counts — five “federal” counts and two “state law” counts. The plaintiffs pray for injunctive relief as well as compensatory and punitive damages. In the complaint, the plaintiffs ...
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OPINION Pursuant to Rule 5(d) of the General Rules of this court, 1 William Robert *572 Klein was disbarred from the Bar of the United States District Court for the Southern District of New York upon the presentation of a copy of a state disbarment order issued by the New York Supreme Court, Appellate Division, Second Judicial Department. Mr. Klein thereafter moved this court for an order v...
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MEMORANDUM AND ORDER For the second time, defendant Stroble has removed this criminal action from state court. Previously, this criminal action was remanded because the relief allegedly denied defendant was the subject of a pending motion before the state court.1 On December 31, 1975, Justice Carman F. Ball of the New York Supreme Court, County of Erie denied defendant Stroble’s motion, and on Jan...
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MEMORANDUM Plaintiffs seek an order of this Court preliminarily enjoining defendants from manufacturing, advertising, distributing, selling or offering for sale certain record albums. This relief is sought pursuant to Rule 65 of the Federal Rules of Civil Procedure. Defendant has cross-moved pursuant to Rule 12 of the Federal Rules of Civil Procedure: (1) to dismiss the fourth, sixth, sev...
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MEMORANDUM This is one of three cases recently brought before this court alleging violations of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. § 1701 et seq., [hereinafter I.L.S. Act] arising from the development of Laurel Mountain Village in Somerset County, Pennsylvania. November 17, 1975, the defendants filed an amended third party complaint against the above-named third parties under...
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MEMORANDUM This is an action seeking review of the final decision of the Secretary of Health, Education and Welfare to deny plaintiff’s claim for black lung benefits. Before the Court is the Secretary’s motion for summary judgment. Plaintiff is the widow of Clarence J. King, an ex-coal miner who died on January 17, 1974, at age fifty-six. While King was living his claim was denied initially and on...
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MEMORANDUM Plaintiffs, federal prisoners formerly confined to the Richmond, Virginia City Jail, bring this action against several state and federal officials, in which they complain of (1) the mail service at the City Jail; (2) the medical treatment afforded prisoners; (3) official interference with inmate attempts to communicate with their attorneys; and (4) the general living conditions. Juri...
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OPINION and JUDGMENT Frank Jordan Crump was found guilty of attempted robbery by a jury in the Circuit Court of Bedford County, Virginia, on July 24, 1973. The jury fixed defendant’s punishment at twenty years in the penitentiary. At the outset of the case, out of the presence of the jury, the defendant made a motion to suppress all evidence of identification of the defendant by the victim of the ...
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OPINION and JUDGMENT This action was brought .by claimant, Virginia Powell, pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), to obtain judicial review of a final decision of the Secretary of Health, Education and Welfare denying the claimant a period of disability and disability benefits under sections 216(i) and 223 of the Social Security Act, 42 U.S.C. §§ 41...
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OPINION AND JUDGMENT Otha Taylor, an inmate at the Virginia State Penitentiary, brings this pro se petition for a writ of habeas corpus. In his Answer respondent asks for dismissal of the petition. Petitioner questions the admissibility of certain evidence allegedly illegally elicited from him after his arrest. There being no question regarding exhaustion of state remedies, the Court addresse...
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OPINION and JUDGMENT Plaintiff is a Virginia corporation with plants located in Lynchburg and Rad-ford, Virginia where it is engaged in the manufacture of foundry products. Defendants are unincorporated labor organizations and respectively are parties to separate collective bargaining agreements governing the labor relations at each plant. These agreements (hereinafter called the “Lynchburg” and ...
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ORDER OF JUDGMENT On November 13,1974 plaintiffs filed this action seeking a temporary restraining order, declaratory judgment and preliminary and permanent injunctive relief against various Indiana officials charged with enforcement of the Indiana Abortion Statute; Burns’ Ind.Ann.Stat. §§ 10-107 — 10-114. A three-judge court was convened. On December 13, 1974 a hearing was held to consider the...
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*814 MEMORANDUM AND ORDER INTRODUCTION This matter comes before the Court on the motion of Boyertown Burial Casket Company for a preliminary injunction to restrain a tender offer to Boyertown shareholders made by the defendant, Amedeo, Inc., on December 22, 1975. Boyertown alleges that defendant’s tender offer, by reason of material misstatements and omissions, violates the ...
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OPINION In this antitrust action, plaintiff, Northern California Supermarkets, Inc. (Northern), charges that defendants, Central California Lettuce Producers Cooperative (Central) and nine of its members, have combined and conspired to fix the price of lettuce shipped in interstate commerce from the Salinas-Watsonville-King City area of the Salinas Valley in California in violation of Sec...
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MEMORANDUM This action is now before the Court on cross motions for summary judgment and Defendant-Intervenor’s alternative motion to dismiss. The action is brought by the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 639, to enforce two arbitration awards pursuant to Section 301 of the Labor Management Relations Act (29 U.S.C. § 185). SUMMARY OF FA...
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Plaintiff has recently made three motions to this court. On January 6, 1976, plaintiff moved for an order allowing the addition of three trial witnesses, Messrs. Wallace B. Askins, Rig-don Currie, and Harvey Cohen. Plaintiff seeks this addition, it states, because the “witnesses sought to be added are persons whose testimony, in light of developments which have occurred since the beginning of tria...
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MEMORANDUM AND ORDER The defendants in this case are charged with conspiracy to violate the narcotics laws of the United States, 21 United States Code, Sections 173 and 174. Pursuant to Rule 7(f) of the Federal Rules of Criminal Procedure, defendant Dominique Orsini has moved for a bill of particulars asking that the government be ordered to set forth “the specific dates, locations, and names...
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MEMORANDUM Plaintiffs, Amilcar Andujar, Charlotte Shepard, and Dawn Carter, and intervenor plaintiffs, Dominga Diaz, Iovina Marrero, Gaston Enriquez and Antonio Gonzalez, filed a lawsuit on behalf of themselves and others, similarly situated, seeking to compel defendant, the Secretary of Health, Education and Welfare,1 (“HEW”) to cease the allegedly unlawful conduct of permitting lengthy delays i...
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MEMORANDUM OPINION AND ORDER The above-styled ease is brought by plaintiff to remedy what it alleges has been unfair competition and trademark infringement by the defendant. Plaintiff contends that it has a valid mark, that being “Jewel,” which has been improperly used by defendant in its operation of retail stores, which are known as “Jewel Mart” Stores. The claims made by plaintiff arise unde...
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MEMORANDUM OPINION AND ORDER Plaintiff, injured in a plane crash, brings this action to recover damages from the manufacturer of the allegedly defective aircraft. Defendant seeks summary judgment on the ground that plaintiff has executed a release of all claims. That document reads in pertinent part: *71 “That the Undersigned, being of lawful age, for the sole considera...
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OPINION The plaintiff here is Marilyn M. Holiday, a former employee of the defendants, Belle’s Restaurant, BAB, Inc., and Isabelle Laux, as an individual and/or employee of BAB, Inc. The defendants now move to dismiss the amended complaint. This action alleges jurisdiction by virtue of the provisions contained in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. and 42 U.S.C....
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MEMORANDUM AND ORDER This action is brought under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare denying the claimant disability benefits. The decision rendered by the Administrative Law Judge on March 1, 1974 became the final decision of the Secretary in this case when affirmed by the Appeals Council o...
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MEMORANDUM AND ORDER The plaintiff, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) and its Local Union No. 1881 (“Union”), is seeking a preliminary and permanent injunction to compel the defendant Kraft Foods, Division of Kraft-co, Corp. (“Kraft”) to proceed with arbitration. A consolidated hearing and trial on the merits has been hel...
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*13 MEMORANDUM AND ORDER Plaintiff brings this action to recover damages under the wrongful death and survival statutes of Pennsylvania for the death of Reinhold Arnstein. Plaintiff’s decedent died December 31,1973, of cancer, allegedly caused by his long-term exposure to excessive amounts of vinyl chloride, over many years of employment by various chemical companies. Named as defendants in t...
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OPINION This is a civil proceeding based on the Freedom of Information Act, 5 U.S.C.A., § 552, in which Civil Action No. 75-297, Civil Action No. 75-298, and Civil Action No. 75-712 have been consolidated by Order of Court on August 12, 1975. In each of these actions, the plaintiff, William B. Richardson, seeks to obtain from the defendants financial records which reflect C.I.A. transactions fr...
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OPINION The plaintiff National Electrical Manufacturers Association (NEMA) and four of its members bring this action to set aside a decision and order of the Interstate Commerce Commission (Commission) upholding railroad rates for transportation of heavy electrical equipment. See 349 I.C.C. 502, Docket No. 35,380. This action was brought against the United States as defendant pursuant to 28 U.S.C...
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ORDER DENYING MOTION TO DISMISS On December 18, 1975, the defendant Utah Power & Light Company filed a motion to dismiss and a supporting memorandum. The plaintiff filed a memorandum opposing the motion to dismiss on December 30, 1975, and the defendant company filed an additional memorandum on January 13, 1976. The court has carefully examined all of the filed materials, has conducted in...
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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 of this court is pursuant to § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates § 205(g) of...
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Opinion and Order Plaintiff has filed in this court numerous actions against various state officials alleging that they have acted in derogation of rights secured to him by the Constitution of the United States. Four of these actions appear to raise issues and claims which have previously been decided adversely to plaintiff in state court litigation. Since the issue of preclusion rais...
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MEMORANDUM OF OPINION This case came before the Court on defendant Crocker National Bank’s motions to dismiss, to strike, to make more definite, and to sever portions of plaintiffs’ complaint. Plaintiffs, five individuals * suing on behalf of themselves and various classes of defendant’s past, present and future employees, allege that defendant “has a policy of discriminating a...
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ORDER Plaintiff, Local 1928 of Glaziers, Glass Workers of Jacksonville commenced three actions on December 2, 1975, in the Circuit Court of the Fourth Judicial Circuit, in and for Duval County, Florida. In 75-13393 CA, plaintiff brought suit against defendant, Florida Glass & Mirror of Jacksonville, Inc., in 75-13394 CA, plaintiff sued defendant Capitol Glass Company; and in 75-13395 CA, plaintif...
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MEMORANDUM DECISION The Metropolitan Area Housing Alliance (MAHA) and five individual plaintiffs filed the instant class action for declaratory and injunctive relief against the Department of Housing and Urban Development (HUD), Carla Hills, Secretary of HUD, and John L. Waner, Director of the Chicago Area HUD office, seeking a declaration and concomitant injunctive order that HUD’s “vacancy requ...
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ORDER This matter is before the court on fourth party defendants State Education Radio and Television Facility Board and State of Iowa’s resisted motion to dismiss, filed December 18, 1975. Defendants contend the Eleventh Amendment prevents their joinder and that any state consent to be sued in contract does not apply to federal courts, while fourth party plaintiff Cedar Rapids Telev...
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This income tax refund suit involves two separate matters. The first relates to whether a transaction involving an offshore drilling barge should have been treated as a sale or a lease; the second involves allocation of the purchase price paid for land and buildings for depreciation purposes. Of necessity, the issues are discussed separately. I. THE DRILLING BARGE TRANSACTION A. ...
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ORDER On December 17, 1975, the plaintiff, Rev. Billy Joe Clegg, filed a pro se complaint against the United States Treasury Department and the United States Secret Service, alleging failure to provide Secret Service protection to the plaintiff as a presidential candidate. As set forth in the complaint, the plaintiff seeks damages and equitable relief as follows: “immediate injunctive relief”, da...
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MEMORANDUM OPINION Fred Saunders, an inmate of Southern Michigan Prison at Jackson brought this habeas corpus proceeding, claiming that his detention is unlawful because Michigan authorities waived jurisdiction over him by their failure to use reasonable diligence in executing a parole violation warrant issued against him. Respondent’s motion to dismiss the petition was denied and petitio...
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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 centers around the June 19, 1975 merger of Royal American Industries, Inc. (Royal) and Royam Industries Corporation (Royam), with Royal remaining as the survivin...
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OPINION AND ORDER This post-trial Motion for a New Trial presents a case that is an unfortunate example of disappointing trial advocacy and inefficient utilization of the resources of this Court and counsel. The action involves a longshoreman who was injured while working on board defendant’s vessel when he allegedly *536stepped into a hole or space in the cargo of bales of tobacco. Liability was ...
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MEMORANDUM AND ORDER The plaintiffs, Earline Harper and Benjamin Harrison, have brought this action against the United States pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b).1 The plaintiffs allege that a traffic accident which occurred on February 2, 1973 was proximately caused by the negligence of Sergeant First Class Robert A. Fox while Sergeant Fox was acting within the scope of h...
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MEMORANDUM This action involves an alleged violation of the Truth in Lending Act, 15 U.S.C. § 1601 et seq. The case was tried on stipulated facts and the Court entered judgment for plaintiff after hearing the arguments of counsel. Since the trial, the Court has considered the record in detail and has heard additional arguments from counsel. This memorandum supplements the memorandum delivered...
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MEMORANDUM AND ORDER The plaintiffs in this case, the American Public Gas Association and the Consumer Federation of America, are two organizations representing purchasers of natural gas. They seek an injunction preventing further publication and distribution by the Federal Energy Administration (“FEA”) of copies of a booklet it has recently written entitled The Natural Gas Story. The booklet...
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MEMORANDUM OF DECISION I. This case is the culmination of a confrontation between the City of Hartford and seven of its suburban towns. At issue is the propriety of the decision by the United States Department of Housing and Urban Development (HUD) to approve federal community development grants to these towns. The plaintiffs contend that this approval was improper, because of the em...
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OPINION Robert B. Ketchum and Anthony Dal Nogare (“the claimants”) are two of the defendants who have been impleaded in an interpleader action begun by Wilmington Housing Authority (“WHA”) as the holder of monies against which various claims have been asserted. The causes of action upon which the claimants’ claims are based accrued on September 23 and October 7, 1972, and are for unpaid m...
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This matter is before the court for decision on a stipulation of facts and written briefs and arguments of the parties submitted in December, 1975. In this action for declaratory and injunctive relief pursuant to 42 U.S.C. § 1983 and 28 U.S.C. §§ 1343, 2201 and 2202, plaintiffs, individually and in behalf of all others similarly situated, seek to have this court declare invalid and enjoin ...
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This case was tried on the merits January 7 — 9, 1976, after the Fifth Circuit Court of Appeals affirmed the judgment of this Court denying plaintiffs’ Motion for a Preliminary Injunction. 524 F.2d 930 (5th Cir., 1975). The opponents, 2 in an exceptionally able manner and with painstaking thoroughness, mount a four-pronged attack on the 1 — 220 bridging of Cross Lake: 1. Whether...
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This matter is before the court on a motion under Federal Rule of Criminal Procedure 41(e) for the return of property seized in connection with two federal search warrants executed on December 23, 1975. The property which was seized consists in part of tablets and vials of what is believed to be amygdalin, also known as laetrile. On January 9, 1976, subsequent to the filing of this motion, movant...
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MEMORANDUM AND ORDER The United States Attorney General brought this suit against the above-, named defendants pursuant to Title VII of the 1964 Civil Rights Act as amended in 1972 (42 U.S.C. § 2000e et seq.) to. secure relief against allegedly discriminatory employment practices based on sex occurring in the hiring of principals for Sweet Home Central School District. This case was referred to...
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MEMORANDUM-DECISION AND ORDER This application presents another challenge to the proper interpretation of the six month speedy trial rules both under the former Plan for the Prompt Disposition of Criminal Cases and the present Interim Plan Pursuant to the Provisions of the Speedy Trial Act of 1974, both promulgated under Rule 50(b) of the Federal Rules of Criminal Procedure. Defendant, Edward Paun...
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On November 28, 1975, this habeas petition was brought as a class action by people detained at our Metropolitan Correctional Center (“MCC”) — which was designed primarily for pretrial detainees, but also houses sentenced people (either serving their terms here or, more characteristically, awaiting shipment to a prison), witnesses in confinement, and some others — complaining of an array of the ...
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MEMORANDUM Defendant moves to dismiss the complaint pursuant to Rules 12(b)(1), (3), (6), (7) Fed.R.Civ.P. on the grounds that (1) the Court lacks diversity jurisdiction on which the claims rest because the plaintiff, although he is a United States Citizen, is not a resident of any state, (2) this is an inappropriate and inconvenient forum under the doctrine of forum non conveniens,...
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OPINION Plaintiff, a New York resident, commenced this action against defendant, a plastic surgeon and a resident of the District of Columbia, to recover damages upon claims of medical malpractice, breach of warranty and lack of informed consent. The action was instituted in the New York State Supreme Court but was removed to this court pursuant to 28 U.S.C., section 1441. The defendant now moves...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action was tried on December 15, 1975, upon allegations of the plaintiff that the defendants 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 defendants w...
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ORDER The above Defendant has moved to suppress as evidence against him the weapons described in the two counts of the Indictment herein. The Defendant asserts the Government obtained these weapons through an illegal search and seizure. The Government opposes the Motion claiming that the weapons were legally obtained from the premises in which they were located in a legal search of said premises a...
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MEMORANDUM AND ORDER This is a civil rights action alleging job discrimination by the Federal Government. Presently before the Court is the Government’s motion to dismiss the complaint for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. Plaintiff is a federal career employee currently employed at the Naval Air Engineering Center ...
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MEMORANDUM AND ORDER Plaintiff, Donald F. U. Goebert, has brought this civil action against the United States for a tax refund. The United States had assessed the plaintiff for a one hundred percent civil penalty in the amount of $4,137.58 for failure to pay federal income taxes withheld in 1970 from employees of Americraft Products, Inc. (API). The plaintiff paid $50 on account of the as...
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OPINION The Plaintiff, Mylan Pharmaceuticals, Inc. (Mylan), brought this action under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, as amended, seeking statements and affidavits obtained by *1125 Agents of the National Labor Relations Board (N.L.R.B.) as part of their investigation of unfair labor practice charges against Mylan. This Court refused to grant a temporar...
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MEMORANDUM OPINION and ORDER In this tax refund suit filed pursuant to 28 U.S.C. § 1346 plaintiffs claim $8,305.17 in income taxes assessed against them for the calendar years 1967 and 1968. The case is now before the court for decision on the government’s motion for summary judgment. The following pertinent facts and testimony appear from the record. Elizabeth Huffer was the owner and operator of...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Findings of Fact 1. Savoy Industries, Inc. (Savoy) is a private corporation organized under the laws of the State of Delaware, with its general offices at 2A — 15 43rd Avenue, Long Island City, New York, primarily engaged in the business of making and installing plastic processing equipment, manufacturing of cosmetics and toiletr...
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OPINION Relators Gary and Irene Powell are before the Court seeking a writ of habeas corpus and have alleged three constitutional grounds to support their petition. Respondents have moved to dismiss the Powells’ petition, arguing that petitioners have failed to exhaust their state remedies as required under 28 U.S.C. § 2254. The basic facts are not in dispute and can be briefly summarized...
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MEMORANDUM OPINION AND ORDER This action by Republic Packaging Corporation, plaintiff, against Haveg Industries, Inc. and Hercules, Inc., defendants, involves a claim under the Robinson-Patman Act with an attendant pendent state law contract claim. The cause is now before the Court on defendants’ motion to dismiss for lack of personal jurisdiction and failure to state a claim upon which r...
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MEMORANDUM AND ORDER This is an action by Diana Taylor, an eighteen-year old, legally blind, multiple handicapped child, and her parents, Mr. and Mrs. Donald Taylor, against the Maryland School for the Blind (hereinafter “School”), Herbert J. Wolfe, the superintendent, and J. Kirk Walter, the principal of the School. The plaintiffs seek declaratory, injunctive and monetary relief from the...
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OPINION These are two appeals from decisions of the bankruptcy judge dismissing specifications of objection aginst Salvador Vecchione (“Vecchione, Sr.”) and Salvador Vecchione, Jr. (“Vecchione, Jr.”) and granting each of them a discharge in bankruptcy. By agreement of the parties, the specifications of objection against both bankrupts were tried in one non-continuous seven-day hearing bef...
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MEMORANDUM OPINION Pursuant to Rules 70 and 56 of the Federal Rules of Civil Procedure, plaintiff in this copyright infringement action has moved for a) an order adjudging defendant to be in contempt of the preliminary injunction order issued by this court on November 27, 1974; b) an order adjudging that defendant has failed to comply with this court’s order of December 13, 1974, in that ...
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OPINION This is an action alleging infringement of U. S. Patent No. 3,024,318 to Duinker et al. for a “Glass Gap Spacer for Magnetic Heads” (hereinafter the “Duinker patent”) and U. S. Patent No. 3,246,383 to Peloschek et al. for a “Method of Manufacturing Magnetic Heads with Bonding Gap — Filling Materials” (hereinafter the “Peloschek patent”). For the reasons hereinafter stated, the Cou...
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MEMORANDUM OPINION This interpleader action arises from a dispute as to the proper beneficiary under a policy of life insurance issued by Plaintiff on the life of Charles W. Harrison, deceased. The policy in question was a group policy covering employees of the State of Oklahoma. The deceased was covered under said policy for a period of time prior to this death while employed by an agency of the...
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MEMORANDUM AND ORDER This medical malpractice action was tried before a jury and a verdict was returned in favor of defendant. The factual background of the case was as follows: On November 5,' 1971, plaintiff Hanna Ayoub fell while at work. During the course of the succeeding nine months, plaintiff was treated by several physicians for back pain apparently resulting from his fall. Defendant is...
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OPINION This diversity action was removed from the Court of Common Pleas of Allegheny County, Pennsylvania, where a complaint had been filed by John W. Neff, the plaintiff, against Time, Inc., the defendant. The complaint was verified by Neff and alleged that the defendant is the owner of a magazine known as Sports Illustrated sold weekly throughout Pennsylvania; that Neff is a private ci...
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ORDER ON DEFENDANTS’ MOTION TO DISMISS This matter is before the court upon motion of counsel for the defendants to dismiss the action against all defendants. Travelers Indemnity Company was dismissed as a party defendant by this court’s order of September 3, 1975, however, and defendants Hyatt and Sims concede that the complaint does state a cause of action against them. Only the question of dism...
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MEMORANDUM OPINION The complaint in this cause prays for declaratory and injunctive relief in regard to the ordinance of the City of Anniston, Alabama, Number 75-0-50, dated October 28, 1975, and effective November 3, 1975. The court has conducted a preliminary injunction hearing, and after due notice to the parties, ordered that *377 the trial of the action on the merits be advanced and cons...
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MEMORANDUM OF OPINION AND ORDER Plaintiff, a prisoner in state custody at San Quentin State Prison, Tamal, California, filed this civil rights complaint and petition for habeas corpus on August 5, 1974, under 42 U.S.C. §§ 1981 and 1983, and 28 U.S.C. §§ 2201, 2202, 2241 and 2254, on his own behalf and, pursuant to Rule 23 of the Federal Rules of Civil Procedure, on behalf of all other pers...
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*562MEMORANDUM OF OPINION AND ORDER Petitioner, a prisoner in state custody at San Quentin State Prison, Tamal, California, filed this civil rights complaint and petition for habeas corpus on August 5, 1974, under 42 U.S.C. §§ 1981 and 1983, and 28 U.S.C. §§ 2201, 2202, 2241 and 2254, on his own behalf and, pursuant to Rule 23 of the Federal Rules of Civil Procedure, on behalf of all other persons...
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OPINION This class action brought by common stock holders, warrant holders, and de*895benture holders ■ of Wilson Sporting Goods Company (“Wilson”), seeks redress of certain alleged violations of federal securities laws. Before the Court are cross motions for summary judgment, one by defendants and one by intervening plaintiffs, Pope and Dimitriou.1 The events forming the essential background of ...
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DECISION ON PENDING MOTIONS Two motions are pending and fully briefed in the above case which involves a certain billing procedure used by defendant allegedly in violation of the Truth in Lending Act. The first of the two motions was filed by the plaintiffs on July 29,1975 seeking judgment in favor of the class. Before this motion was decided, the defendant filed a motion to “decertify” the class...
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MEMORANDUM OPINION AND ORDER Plaintiffs Louis and Bonita Kleid, husband and wife, are the stepfather and natural mother of plaintiffs Kris and Scott Porter. Kris, age fifteen, and Scott, age eleven, attend school in the Independent School District in Fulton, Kentucky. Louis Kleid is a chiropractor. Because of his professional training he is “philosophically opposed to the practice of...
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MEMORANDUM AND ORDER This action was initiated by plaintiff against the defendant to recover the amount of $62,000, plus interest, based on defendant’s refusal to honor Prudential’s sight draft. The matter is presently before the court upon plaintiff’s motion for summary judgment. The relevant facts are established by the complaint and defendant’s answer thereto. On December 6, 1972, a Minnes...
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MEMORANDUM AND ORDER In these securities cases plaintiffs (including United States Steel and Carnegie Pension Fund, Inc. — here referred to as the Fund) seek recovery under the 1933 and 1934 Acts for damages claimed to have been sustained as a result of their purchase of securities of the Topper Corporation (“Topper”), a company which subsequently went bankrupt. The defendants include var...
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MEMORANDUM-DECISION AND ORDER Defendant Jaime Castro-Tirado (“Castro”), an illegal alien, was indicted for violation of 21 U.S.C. § 841(a)(1), in that he did knowingly and intentionally possess with intent to distribute approximately one kilogram of cocaine, a Schedule II narcotic drug controlled substance. He now moves to suppress a quantity of cocaine seized by Immigration and Naturalization ...
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The third-party defendant moves for an order, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, dismissing the summons and complaint, or in the alternative, for an order, pursuant to 28 U.S.C. § 1406, transferring the action to the Northern District of New York. This action was commenced by the filing of a complaint in this district on February 14, 1975. This suit is to recov...
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ORDER There is now before the Court Defendant’s Motion to Dismiss and Supplemental Motion to Dismiss on the grounds that the above-referenced action is barred by principles of res judicata and Section 7122 of the Internal Revenue Code due to the stipulation of dismissal with prejudice of a previous action entered in this Court. *1265On October 26, 1971, this Court entered a Stipulation and Order ...
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OPINION OF THE COURT Before GEE, Circuit Judge, and JUSTICE and STEGER, District Judges. This case requires us to determine the meaning and constitutionality of a portion of the inspection provisions of the Occupational Safety and Health Act of 1970 (OSHA). 1 On October 23, 1974, Gibson’s Products, Inc. of Plano (Gibson’s), a corporation, maintained a store at 2505 Avenu...
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ORDER The primary matter presently before this Court is defendants’ motion to quash the process of maritime attachment and garnishment issued in this case November 26, 1975. In its original complaint, plaintiff sought to obtain in personam jurisdiction over defendants pursuant to Supplemental Rule B for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedu...
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MEMORANDUM OPINION This cause is now submitted on the applications for awards of attorneys’ fees and expenses presented to the Court by counsel for members of the class in whose behalf this lawsuit was brought, by counsel for the plaintiff-intervenor, and by counsel for certain individual members of the plaintiff class. The appropriate findings of fact and conclusions of law, to the extent materi...
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Opinion on Motions Directed to Complaint The occasion for this opinion is resolution of many defendants’ motions directed to the sufficiency of the pleadings in this litigation. The litigation arises out of an alleged securities fraud perpetrated through Equity Funding Corporation of America (hereinafter “EFCA”) and its subsidiaries. 1 After more than eight years of public t...
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MEMORANDUM OPINION AND ORDER This action calls upon the Court to consider the limitations on its jurisdiction under the federal antitrust laws. Plaintiffs, the partnership of Canadian American Oil Company and Fred Tautenhan, were former dealers of Union Oil Company of California (Union) gasoline. They ¿liege that defendant has enforced and conspired to enforce a resale price maintenance scheme in...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Based on evidence presented at the final evidentiary hearing in this cause on 8 December 1975, the Court makes the following: *976 Findings of Fact 1. The plaintiffs in this action are Dewey A. Palmer and his wife Roberta. The couple sues individually to recover for the wrongful death of their son, Dewey Shane Palmer. Mr. Palmer also claims in his...
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ORDER Petitioner, Willie James Byrd, by counsel prays for a writ of habeas corpus on the ground that the conviction and sentence under which he is being detained were imposed in violation of the due process clause of the Fourteenth Amendment. Specifically, petitioner contends that he was denied due process in that 1) he was tried and sentenced in absentia; 2) the trial judge improperly took the se...
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OPINION At all times mentioned herein, plaintiffs were corporations (unless otherwise indicated) engaged in the production of dairy products, including raw milk. On its federal income tax return for the calendar year 1967, plaintiff Henry Costa Jr. Dairy, Inc. (Costa), claimed and the Commissioner of Internal Revenue disallowed an alleged loss of $116,183.33 for cancellation of a milk-production c...
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MEMORANDUM DECISION Plaintiffs in this diversity action were the owners of 67,835 shares of the $10 par value capital stock of the Suburban Trust & Savings Bank of Oak Park, Illinois (“Suburban”). They pledged their shares as collateral to secure the repayment of certain loans advanced by defendant, American National Bank & Trust Company of Chicago. On December 2, 1974, defendant sold the...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT Plaintiff Richard O. Jacobson commenced this lawsuit on August 17,-1973, seeking monetary recovery from the Federal Deposit Insurance Corporation (FDIC) in its capacity as insuror of the deposits of the State Bank of Prairie City, Iowa (the Bank). Plaintiff asserts that he had a $15,000 deposit in the Bank at the time it was clos...
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OPINION AND ORDER This is an action by a citizens’ group to force defendants to comply with the National Environmental Policy Act (NEPA), 42 U.S.C. § 4331 et seq., and the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. § 1251 et seq., as well as various state laws in their approval of federal and state grant assistance for the construction of a physical-chemi...
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MEMORANDUM OPINION This is a class action brought pursuant to the Voting Rights Act of 1965, 42 U.S.C. § 1971 et seq., 42 U.S.C. § 1983, and the First, Fourteenth, Fifteenth and Twenty-Sixth Amendments. On May 21, 1975, after evidentiary hearing and oral argument, we preliminarily enjoined defendant, Christine L. Chandler, Circuit Clerk and Registrar of Leflore County, Mississippi, from t...
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OPINION Plaintiffs, William J. F. Gearheard and Margot B. Jacobs, residents of Loui *705 siana, have brought this action against their brother, Arthur Grant Gearheard, III, a resident of Hinds County, Mississippi, seeking to set aside certain inter vivos gifts of shares of corporate stock, purportedly given to defendant by the mutual aunt of the parties, Gladys Gear-heard Nall, prior to her d...
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OPINION AND ORDER In this Federal Tort Claims Act case, the United States has filed certified copies of the Postal Service file and has moved for summary judgment. Plaintiff slipped on the steps of the Anaconda Post Office on August 23, 1972. On August 20, 1974, a claim on Standard Form 95 was submitted. In Item 8 of the form, on the line designated “PERSONAL INJURY” the words and fi...
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OPINION Defendant, South Carolina State Ports Authority (“Authority”), moves for an order, pursuant to Rule 12(b), Fed.R. Civ.P., dismissing the claim against it in this action on three grounds: (1) the Authority is immune from suit in this court under the Eleventh Amendment; (2) the court lacks subject matter jurisdiction; and ■ (3) service of process was defective. P...
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OPINION and ORDER Defendants have made an additional motion for an order pursuant to Rule 12(b)(1) and (6) of the Federal Rules of Civil Procedure dismissing this action against the defendant Board of Education for lack of jurisdiction and for an order granting the defendants leave to amend their answer pursuant to Rule 15(a) of said Rules. The background and facts in this action are set forth ...
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Plaintiff Ruth Seiden Tomkin moves for class certification pursuant to Rule 23, Federal Rules of Civil Procedure. The allegations contained in the complaint are set forth in prior opinions of this court, Tomkin v. Kaysen, 74 Civ. 4397 (S.D.N.Y. March 20, 1975), rearg. *542granted, 74 Civ. 4397 (S.D.N.Y. June 24, 1975) (adhered to in part, modified in part), and need not be fully detailed here. The...
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This is a motion for a preliminary injunction in a fabric design copyright case. There is no doubt that the defendant has “knocked off” certain designs owned by the plaintiff and have used these designs on textiles and have made shirts out of these fabrics which are sold in competition with the plaintiff’s goods. The defendant has already consented to preliminary injunctions as to six different de...
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MEMORANDUM This action arises out of a tribal election controversy on the Rosebud Reservation in Rosebud, South Dakota. The Plaintiff, the Rosebud Sioux Tribe of South Dakota, Robert Burnette in his official capacity as President of the Rosebud Sioux Tribe, and five members of the Rosebud Sioux Tribal Election *1193Board,1 bring this action for injunctive and declaratory relief.to prohibit the def...
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MEMORANDUM Plaintiff, an inmate confined to the Virginia State Penitentiary, brings this action under 42 U.S.C. § 1983 complaining of the medical treatment he has received and the procedures under which plaintiff was placed in maximum security status. Defendants Riddle and Blankenship are the superintendents of the Virginia State Penitentiary and Bland Correctional Center, respectively, and Lie...
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*559 MEMORANDUM The Board of Supervisors of Fairfax County, Virginia, bring this action seeking damages and injunctive relief for injuries resulting from the operation of an alleged public nuisance at Lorton, Virginia. Plaintiff alleges that (1) the District of Columbia and certain of its officials have failed to maintain and operate the Lorton Reformatory in a manner required by...
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Osvaldo Torres, Jr. was a 13-year-old student participating in a field trip to the District of Columbia sponsored by his junior high school in the Bronx, New York. While swimming at the Quality Inn Northeast in Washington, D. C., where the group was staying, Osvaldo Torres drowned. His body vas discovered at the bottom of the pool. Two actions alleging various types of negligence were thereafter i...
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MEMORANDUM The issues raised by these two cases are, for all practical purposes, identical. The two plaintiffs, Patricia Bryson and Thomas Bryson, her son (who as a minor is represented by his guardian ad litem John K. Patterson), are both seeking damages from the defendant, The North-lake Hilton, for flea bites which they allege that they received while staying in the defendan...
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*313 OPINION This is a civil action wherein the plaintiff, the owner and operator of a retail food store in Pawtucket, Rhode Island, seeks judicial review of an adjudication by the United States Department of Agriculture suspending his store’s participation in said Department’s Food Stamp Program for a period of six months. Specifically, the plaintiff’s retail enterprise was temp...
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The plaintiff, Joan Peters, a former member of the faculty of Middlebury College, seeks in this action against the College and its former president, to vindicate rights which she asserts are protected by Title VII of the Civil Rights Act of 1964. Her claim is generated by the defendants’ refusal to extend her non-tenured position on the faculty in the English department of the College. She conten...
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MEMORANDUM AND ORDER This is a claim under the Federal Tort Claims Act as to which the defendant United States has filed a “Motion for Summary Judgment” which the Court shall treat as a motion to dismiss for lack of jurisdiction. Plaintiff was a federal prisoner who received personal injuries when he slipped and fell in a jail shower. The injury occurred on 16 September 1973 and by 4 October ...
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MEMORANDUM OPINION This suit for interpleader and declaratory relief was instituted by the plaintiff to determine who was entitled to the death benefits payable under the Metropolitan Life insurance policy issued to Walter J. Woolery pursuant to the provisions of the Federal Employees Group Life Insurance Act, 5 U.S.C. § 8701 et seq. The parties have stipulated that Walter J. Woolery, an empl...
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MEMORANDUM AND ORDER This suit involves a claim for the refund of certain federal income taxes. The facts of this case and the various contentions of the parties are set forth in this Court’s earlier Memorandum and Order, DePinto v. United States of America, 407 F.Supp. 1 (D.C.1975). *6 This Court’s earlier opinion in DePinto, supra, set fort...
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MEMORANDUM Defendant was convicted by jury verdict of three separate sales of Controlled Substances in violation of 21 U.S.C. § 841(a). Sentenced under the provisions of the Youth Corrections Act, 18 U.S.C. § 5010(b), he has moved this Court for bail pending appeal. I. The controlling statute is 18 U.S.C. § 3148, which provides for release unless (1) the Court or judge has reason to believe...
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MEMORANDUM AND ORDER The defendants in this case have filed a motion to dismiss or in the alternative for summary judgment and plaintiffs have filled a cross-motion for summary judgment, which motions are presently before the Court. FACTS This is an employment discrimination case in which plaintiffs Scott, a black male, and Martin, a black female, allege that they were discriminated against...
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MEMORANDUM OPINION Robert Beecham Scott is under indictment for possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). He brought this motion to suppress evidence obtained as the result of a search conducted on September 29, 1975 by an airport security guard as defendant was preparing to board a commercial airline. *444 As established at an evidentiary heari...
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MEMORANDUM AND ORDER In this products liability/breach of warranty action, defendant moves to dismiss under Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction over the foreign defendant corporation. Subject matter jurisdiction is based upon 28 U.S.C. § 1332. Plaintiff in this action was injured while she was operating a metal brake press. The injury occurred a...
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The above-styled cause was heard by the Court without a jury and taken under submission on the 30th day of September 1975. After hearing the evidence, examining the exhibits, the pleadings, the 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 and third-party plaintiff, Breton ...
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MEMORANDUM This matter comes before the Court for decision subsequent to trial and the submission by the parties of final argument in written form. American Beef Packers was once the second largest packinghouse and the 218th largest corporation in America. In the fiscal year ending July, 1974, it had sales of $896,904,000, net earnings of $4,861,000 ($2.50/share), over 3000 employees, and slaught...
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MEMORANDUM AND ORDER In April 1972, defendants Karr and Gaines entered into an agreement with plaintiffs to form defendant Hillwood Villa Associates (Hillwood), which was organized as a limited partnership under the laws of Tennessee, with Karr and Gaines as general partners and plaintiffs as limited partners. The primary purpose of the partnership was to construct, own and operate a rent...
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The defendants Alexander Grant & Co. and Klein, Hinds, & Finke, (hereafter “Grant” and “KHF”), two public accounting firms, have moved for sum *804 mary judgment pursuant to Fed.R.Civ.P. 56, or in the alternative, to dismiss the complaint for failure to state a claim on which relief may be granted pursuant to Rule 12(b)(6) or to aver fraud with sufficient particularity pursuant to ...
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OPINION The defendant, indicted for receipt and possession of three sawed-off shotguns which were not registered to him and for possession of a Sturm Ruger revolver, moves pursuant to Rule 41 of the Federal Rules of Criminal Procedure to suppress the weapons as evidence upon the ground they were seized without a search warrant. A hearing was conducted which developed the circumstances under whi...
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MEMORANDUM This matter is before the Court on defendant Lorillard’s motion to strike the plaintiff’s demand for trial by jury. The question for the Court’s resolution is whether the Seventh Amendment right to trial by jury extends to an action for injunctive reinstatement, lost wages, liquidated damages, and costs and attorney fees under the Age Discrimination in Employment Act of 1967, 29 U.S.C....
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ORDER This is a proceeding to vacate the judgment and sentence of this court in case No. *428 CR-65-95 pursuant to 28 U.S.C. § 2255. In its present posture the petitioner claims that he is entitled to relief on the following grounds: “(a) Petitioner was denied a direct appeal in Case No. 65-95 styled United States of America vs. Converse Emerson Marsh, Jr. bec...
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*1201 MEMORANDUM AND ORDER The plaintiff has brought this action under the Freedom of Information Act, (FOIA) 5 U.S.C. § 552, seeking disclosure of statements and affidavits obtained by agents of the National Labor Relations Board, (N.L.R.B.) in the process of the investigation of an unfair labor practice charge against plaintiff resulting in the issuance of a complaint and notice of hearing....
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MEMORANDUM OPINION AND ORDER INTRODUCTION This case comes before the Court on plaintiffs’ motion to lift a stay imposed on these proceedings by the Court in an unreported memorandum order dated February 20, 1975. Prior to the imposition of that stay, the plaintiffs, who bring this suit as (1) federal taxpayers and as (2) defendants and/or “targets” of state criminal prosecutions and grand jury inv...
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OPINION Relator filed this pro se habeas corpus action alleging that he was denied effective assistance of counsel in the proceedings which resulted in the conviction challenged herein in violation of his constitutional rights under the sixth amendment made applicable to the states under the fourteenth amendment. Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963). I B...
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OPINION AND ORDER Plaintiff, Mr. Roberto Graffals González, filed the present Complaint on September 2, 1975 seeking damages and injunctive relief caused by his dismissal from his post of Warehouse-Keeper III in violation of his Civil Rights under Sections 1983 and 1985 of Title 42 U.S.C. and alleging federal jurisdiction on the basis of Title 28 U.S.C. Section 1343. Therein the Plaintiff in es...
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MEMORANDUM OPINION This Title VII action was brought by the plaintiff, Bessie M. Beasley, a Negro female resident of Dallas, Texas, against the defendant, Kroehler Mfg. Co., in her individual capacity and as a representative of black employees working at the defendant’s furniture plant located in Dallas, Texas. Plaintiff alleges that the defendant discriminated against her in several respects a...
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Judge’s Memorandum Plaintiff, a former high school principal who was a nontenured “initial contract teacher” as defined by the Wyoming Education Code (Sec. 21.1-152, Wyoming Statutes, 1957), brings this action under 42 U.S.C. Section 1983 against the Fremont County School District No. 25 and individually against the school board members in their official capacity and against the former superinte...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Introduction This case arises from plaintiff’s dissatisfaction with the defendant Reynolds Securities, Inc.’s (Reynolds) method of disclosure of annual interest rates charged on margin accounts. A margin account is the securities industry’s method of extending credit to customers; a customer may purchase a specified amount of stock from a securities f...
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*980 MEMORANDUM AND ORDER This is an action by the California Attorney General to enforce the provisions of a charitable trust. Named as defendants are Kay Foundation, the charitable trust; Wallace Keith Larkin and Cynthia Larkin (“Larkins”), trustees of Kay Foundation; Larkin Aircraft Corporation, a closely-held corporation owned by Wallace Keith Larkin; Wells Fargo Bank, Nation...
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RULING ON MOTION TO DISMISS The petitioner, John H. Mone, seeks a writ of habeas corpus on the grounds that his plea of guilty to the charge of conspiracy to commit kidnapping in the second degree was involuntary, and was the result of ineffective assistance of counsel. Jurisdiction exists pursuant to 28 U.S.C. § 2254. The defendant has filed this motion to dismiss, arguing that since the identic...
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MEMORANDUM OF DECISION Earl Wayne Eberly filed a voluntary petition in bankruptcy on 22 March 1973. Under Schedule A — 1, he listed as a tax due the United States an item in the amount of $60,000.00. By 23 October 1973, the Internal Revenue Service had not filed a claim in the bankruptcy proceeding. On that date the bankrupt filed a claim on behalf of the government in which the tax debt was descr...
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MEMORANDUM OPINION AND ORDER This matter came before the Court oh cross motions for summary judgment. Oral arguments were presented to the Court on September 12, 1975. Parties have agreed that the hearing may be considered a complete submission on the merits. Appearances are noted in the Clerk’s Court Minutes for that date. The plaintiffs are millers from the corn wet milling industry. Th...
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MEMORANDUM This is an action brought 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 of Health, Education and Welfare, denying plaintiff’s claim for a period of disability and for disability insurance benefits. Plaintiff contends that the Secretary’s finding was unsupported by substantial evidence. She requests that the ...
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*490 MEMORANDUM AND ORDER In a memorandum and order, dated December 12, 1975, the Court concluded that the present Environmental Impact Statement (EIS) for the total project may be used for the specific 9.6-mile segment of the Transpark Road. Presently before the Court is the question whether the present EIS for the segment meets the statutory requirements of the National Environmental Policy...
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FINDINGS AND CONCLUSIONS By its amended and supplemental complaint, plaintiff REA Express, Inc. (“REA”) seeks to recover damages under three separate counts against defendants Interway Corporation 1 (“Interway”) and its wholly-owned subsidiary, Integrated Container Service, Inc. (“ICS”). This Court has subject matter jurisdiction pursuant to Section 27 of the Securities Ex...
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ORDER This matter is before the Court upon the motions of all parties for summary judgment pursuant to Rule 56, Fed.R. Civ.P. The parties have submitted memoranda, exhibits, and affidavits in support of their respective positions. I FINDINGS OF FACT 1. The plaintiff, Kay S. McReynolds, brings this action pursuant to 42 U.S.C. § 2000e et seq. (Title VII of the Civil Rights Act of 1964), 29 U.S.C. ...
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ORDER This cause is before the court upon the Amended Petition for Writ of Habeas Corpus by the above-named petitioner. It appears from the court’s examination of the matters filed herein that the petitioner is now in the actual physical custody of Bob Turner, Sheriff of Oklahoma County, State of Oklahoma, pursuant to the judgment and sentence of the District Court of Oklahoma County, Oklahoma in ...
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MEMORANDUM AND ORDER Presently before the Court is the motion of the plaintiff, Berkshire Interna*585tional Corporation (Berkshire), to enjoin the defendant herein, Harold B. Marquez, d/b/a Empresas Marquez (Marquez) from further prosecuting an action brought by Marquez in the United States District Court for the District of Puerto Rico captioned Harold B. Marquez, d/b/a Empresas Marquez v. Berks...
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OPINION This is a net worth prosecution under 26 U.S.C. § 7201 for willful attempt to evade or defeat payment of income tax. The defendant, William A. Goichman, a cash basis taxpayer, is an attorney who formerly practiced law in Philadelphia. He now resides in Beverly Hills, California. On September 10, 1974, the grand jury handed up a two-count indictment charging the defendant with...
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OPINION The above captioned case tried to the Court without a jury between the dates of November 12, 1975, and December 5, 1975, and the testimony having been completed on the part of the plaintiff and the government and the case submitted to the Court for determination, now upon all the pleadings, exhibits and proof adduced in this case, the Court makes the following: FINDINGS OF FA...
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MEMORANDUM This is an action to review the final decision of the Secretary of the Department of Health, Education and Welfare denying plaintiff’s claim as 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. Plaintiff filed an application for benefits on March 30, 1970, which was denied initially and upon reconsiderati...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT The defendant has moved for summary judgment on the ground that, as a matter of law on the uncontroverted material facts in the record, the plaintiff falls within the “administrative employee” exemption from the overtime wage provisions of the Fair Labor Standards Act. 29 U.S.C. § 213(a)(1) provides in pertinent part: “(a) The provision...
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*1328 FINDINGS OF FACT AND CONCLUSIONS OF LAW I. THE NATURE OF THE CONTROVERSY This action was commenced in the United States District Court for the Northern District of Texas by the Plaintiff, Texas Instruments (TI), to recover from the Defendant, the United States of America, refund of the income taxes and assessed interest collected from the Plaintiff for its taxable year...
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DECISION and ORDER The Town of East Troy (Town), Joint School District No. 1 (District), and thirty-two individuals and married couples (individual plaintiffs) filed a 204-count complaint in the circuit court of Walworth County against the Soo Line Railroad Company (Railroad) and Georgia-Pacific Corporation (Manufacturer). The plaintiffs claim damages resulting from the derailment of part...
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MEMORANDUM AND ORDER This is a federal income tax refund case in which the only issue is whether the accounting method used by plaintiff’s predecessor, Monfort Feed Lots, Inc., accurately reflects its taxable income for the fiscal year ended August 31, 1968. The core of the controversy is the computation of cost of sales. For convenience, the taxpayer and plaintiff are referred to herein as Monfo...
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RULING ON MOTION TO DISMISS The defendant Nicholson File Co. (Nicholson) has filed this motion to dis *231 miss for want of subject matter jurisdiction pursuant to Rule 12(b)(1), Fed.R.Civ.P. Because I deem the issues raised to be in the nature of an affirmative defense rather than jurisdictional, I shall treat the motion as one for summary judgment pursuant to Rules 12(c) an...
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OPINION Plaintiffs bring this suit challenging the constitutionality of Act 2 of 1972 of the Louisiana Legislature which provided for a Constitutional Convention to frame a new State Constitution. The Act called for the election of 105 delegates, one from each legislative district, and 27 delegates to be appointed by the Governor to represent specified groups of citizens. 1 Ele...
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MEMORANDUM OPINION Jeffrey C. Moore of Phoenix, Arizona brought this diversity action to recover for personal injuries suffered while employed as a roofer in the construction of a home on property owned by defendant Lewis Manufacturing Company (Lewis) of Bay City, Michigan. Defendant Celina Mutual Insurance Company (Celina) of Celina, Ohio is the workmen’s compensation carrier for plaintiff’s emp...
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MEMORANDUM OPINION The defendant is charged with conspiracy to import marihuana, importation of marihuana, and possession of marihuana with intent to distribute. There was a trial at which the defendant testified. On September 18, 1975, this Court declared a mistrial when one of the jurors died after jury deliberations had begun, and the defendant declined to waive his right to a twelve-person ...
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MEMORANDUM OPINION AND ORDERS I. This case pends on the second application made by a Special Attorney of the Organized Crime and Racketeering Section, Kansas City Field Office, Department of Justice, for an order authorizing the use of a pen register device on five particular telephones used by three named individuals, and others yet unknown, located in Kansas City, Missouri. The sec...
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OPINION Petitioner Jesse Edward Wilson seeks a writ of habeas corpus 1 on the basis of three alleged constitutional violations during his second state trial for the murders of Shep Benyard and Esther Friedman. The state proceedings at issue here were the result of the reversal by the New Jersey Supreme Court of petitioner’s first murder conviction for these murders, after a joint trial with a...
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MEMORANDUM OPINION In this case the Plaintiffs Choctaw and Chickasaw Nations bring suit to quiet title in and to lands situated in the Northwest Quarter of Section 12, Township 9 North, Range 25 East of the I.B.M., LeFlore County, Oklahoma. Originally other lands were *715involved in the suit but at the Pre-Trial Conference conducted herein and as shown by the Pre-Trial Order filed herein on Dece...
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MEMORANDUM AND ORDER This action is here on appeal, pursuant to § 39(c) of the Bankruptcy Act, 11 U.S.C. § 67(c), from a temporary restraining order entered by the bankruptcy court on April 3, 1975, and from stay orders entered on April 9, 1975, and April 16, 1975. The appeal is primarily concerned with the power of the bankruptcy court to exercise its summary jurisdiction. On April 10,1974, ...
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MEMORANDUM AND ORDER This is a civil rights action brought by Vincent Marvasi, a former member of the Philadelphia Fire Department against the following defendants in their individual and official capacities: Earl Shorty, a former police officer of the City of Philadelphia; Joseph O’Neill, Police Commissioner of the City of Philadelphia; the City of Philadelphia; Joseph Rizzo, Fire Commissioner o...
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MEMORANDUM OPINION AND ORDER In this suit filed pursuant to the diversity jurisdiction of this court Wanda and Virgil Bolen seek damages from Dr. *1375 John Bolen and the Waddell Hospital and Clinic, Inc. Plaintiffs allege that on January 9, 1973 at the Waddell Hospital and Clinic, Inc. Dr. Bolen performed a tubal ligation on Wanda Bolen and that as a proximate result of the negligence of Dr....
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ORDER RE PSYCHIATRIC EXAMINATION OF DEFENDANT BY DR. HARRY KOZOL An evidentiary hearing was held on this matter on January 14th and 15th, 1976, at the request of the defendant. On January 7th, 1976, the defendant was scheduled to be interviewed by Dr. Harry Kozol, a psychiatrist appointed by the Government for the purpose of offering expert testimony as to the defendant’s mental state at the time ...
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MEMORANDUM AND ORDER Plaintiff, formerly a Junior Staff Analyst with the California Department of Benefit Payments (Department), brings this action seeking to redress her discharge from that Department. In addition to the Department, several of its officers and supervisors have been named as defendants in the instant case. Plaintiff seeks, inter alia, reinstatement, back pay, and attorney’s f...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action was brought against the United States Department of Housing and Urban Development (HUD) and James T. Lynn, individually and in his capacity as Secretary of HUD, seeking declaratory and injunctive relief from HUD’s alleged unlawful “impoundment” of the revolving loan fund created by Section 202 of the Housing Act of 1959. Plaintiffs ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT 1. On December 15, 1971, Heidi Ann Fletcher was convicted in this Court by plea of guilty to Federal and District of Columbia Code offenses of first degree murder, bank robbery and related charges arising out of her participation as the driver of the escape vehicle in a bank robbery in the District of Columbia in which a Metropolitan Po...
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ORDER AND OPINION This cause came before this Court on defendants’ motion for summary judgment. In his complaint plaintiff seeks to recover both compensatory and punitive damages for alleged intentional infliction of emotional distress by defendant Greyhound Bus Lines, Incorporated. Jurisdiction is based upon diversity of citizenship and the requisite amount in controversy (28 U.S.C. § 13...
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MEMORANDUM OPINION This is an employment discrimination action brought by Mrs. Earlean McCormick, a displaced black schoolteacher, against the members of the Attala County, Mississippi, Board of Education, J. C. Foster, County Superintendent of Education, and Aaron Tolleson, Principal of McAdams Attendance Center. In this § 1983 action plaintiff claims violation of her First and Fourteenth Amen...
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OPINION Pursuant to an Order to Show Cause dated September 8, 1975 a hearing was held in the above-captioned class action *570on December 8, 1975 in order to determine whether a proposed settlement is fair and adequate and should be approved and to receive objections to the proposed fee applications of counsel for the plaintiffs. Notice of the hearing was mailed to the last known address of all p...
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MEMORANDUM AND ORDER Defendant T. Marzetti Company’s motion to dismiss, the briefs and documents of counsel, and evidence adduced at hearing have given rise to the three concerns that the Court addresses hereinafter. I Notice of the Filing of the Charge Earnest Moncrief filed a charge of racial discrimination against the T. Marzetti Company with plaintiff. The Company i...
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MEMORANDUM Plaintiff, an interstate motor carrier, sues the defendant, Crossville Rubber Products, Inc., to recover for uncollected freight charges in the amount of $5,886.82. It is stipulated that plaintiff is a motor carrier subject to Part II of the Interstate Commerce Act, 49 U.S.C. § 301, et seq. Defendant, a corporation doing business in Cross-ville, Tennessee, was the co...
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DECISION AND ORDER The defendant has moved for summary judgment dismissing the complaint; the plaintiff has moved for partial summary judgment seeking such judgment as to all of its causes of action except the fourth. The complaint alleges in six separate causes of action that the arbitrator’s award was illegal. It is the plaintiff’s position that the fourth claim presents an issue of fact for tri...
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RULING ON DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT Defendants each move for summary judgment pursuant to Fed.R.Civ.P. 56, raising the statute of limitations as their de *1097 fense. Plaintiff alleges in an amended complaint that defendants are liable under the Connecticut Securities Act, Conn.Gen. Stat. §§ 36-338, 36-346, and § 10(b) of the Securities Exchange Act of 1934, 15...
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ORDER Before RONEY, Circuit Judge, and HODGES and REED, District Judges. Plaintiffs, William and Lenore Moss, husband and wife, challenge for themselves and members of their class the constitutionality of § 202(c) of the Social Security Act, 1 and seek to restrain its enforcement. Due to the nature of the action a three-judge district court was convened. 28 U.S.C. § 2282. ...
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ORDER INTRODUCTION This action for declaratory and injunctive relief is brought by the Georgia Association of Educators, Inc. (GAE) and five members of the GAE who are either teachers, principals, or administrators in the public school systems of Georgia. The action is brought against the Georgia State Superintendent of Schools and the members of the Georgia State Board of Education seeking t...
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OPINION AND ORDER The defendant Nate Morgan Jewelers of Pocatello, Inc. is a corporation, and the defendant Melvin Morgan is its principal stockholder and chief executive. The corporation was a member of the Pocatello Credit Bureau, and as such was entitled to receive credit reports from the Bureau. In 1974 the plaintiff George V. Hansen was the Republican nominee for Congress in the Second D...
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MEMORANDUM OF DECISION This. is an action for declaratory, injunctive and monetary relief brought by Geraldine G. Cannon against the University of Chicago, the admissions officers of the University’s Pritzker School of Medicine, the Secretary of Health, Education and Welfare and the Regional Director of HEW’s Office of Civil Rights. Alleging that she was denied admission to the entering class o...
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DECISION ON MOTION TO DISMISS THE INDICTMENT Both sides have moved to dismiss the indictment in the above-entitled cause, and the government has supported its motion with copies of the investigative report, including Form USA-900 which resulted in authorization from the Assistant Attorney General, Criminal Division, to dismiss on November 4,1975. The facts are fully summarized in the latter doc...
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MEMORANDUM OPINION Plaintiff, a black man, alleges in a complaint filed on July 14, 1975 that defendant violated his rights under 42 U.S.C. §§ 1981, 1983 by discharging him on March 3, 1972 from his position as bender operator in the Fisher Body plant because of his race. Defendant moves to dismiss on the ground that the action was commenced after the applicable period of limitations had ...
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OPINION AND ORDER GRANTING SUMMARY JUDGMENT FOR PLAINTIFF Plaintiff has moved for summary judgment in this action, which seeks the unpaid balance due on a note together with interest, costs and attorney’s fees. Many of the facts do not appear to be in dispute, although there is some difficulty with whether the facial record sufficiently establishes certain facts to permit the Court to grant summar...
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MEMORANDUM OPINION Plaintiff Jose Fernandez was a longshoreman employed as a holdman by third-party defendant Maher Stevedoring, Inc. (“Maher”). On September 1, 1968, he was injured aboard the SS CHIOS, owned by defendant and third-party plaintiff Chios Shipping Company, Ltd. (“Chios”), as he *823was assisting in the unloading of a cargo of pre-palletized cartons of pineapple at Port Newark, New ...
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MEMORANDUM AND ORDER Before us are motions for summary judgment filed pursuant to Fed.R.Civ.P. 56, by several of the defendants in a case in which plaintiff, Albert Epprecht, accuses various defendants and the corporations with which they are associated of misrepresentations and nondisclosures in connection with the sale of securities in violation of Section 10(b) of the Securities Exchan...
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*80 OPINION OF THE COURT This Civil Rights action was brought by LeRoy W. deMarrais against the Community College of Allegheny County (College), John B. Hirt, President of the Board of Trustees and chief executive officer of the College, and the Members of the Board of Trustees, as a result of his termination of employment with the College. Defendants have filed a Motion to Dismiss, and the s...
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OPINION AND ORDER On September 18, 1971 in France, Plaintiff Marc Joseph Marie Berger; hereinafter called Plaintiff Berger, a citizen of the Republic of France, married Plaintiff Maria Hermina Sague, hereinafter called Plaintiff Sague, a citizen of the United States of America. Thereafter, on November 9,1973, Plaintiff Berger applied for an immigration visa to the United States Consular O...
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ORDER The Court has heretofore granted the initial relief sought in this case by applicant NLRB seeking to subpoena records and information from respondent companies in respect to pending unfair labor practice charges. 1 Respondents, however, filed a counterclaim for an order requiring production by the NLRB under the Freedom of Information Act (FOIA, 5 U.S.C. § 552), as amended...
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MEMORANDUM Findings of Fact 1. This action was brought by ten former salaried employees of the defendant under the provisions of the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., hereinafter referred to as “the Act,” alleging that the defendant knowingly and willfully violated Section 7 of the Act (29 U.S.C. § 207) by failing to compensate them for work in excess of 40 hours per we...
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MEMORANDUM OPINION This is both a suit under the Control Act Amendments of 1972, Federal Water Pollution, 33 U.S.C. § 1251 et seq., and an action in admiralty under the Suits in Admiralty Act, 46 U.S.C. §§ 741-752, brought by the plaintiff Gulf Refining Company to recover expenses incurred in the clean-up of a fuel oil discharge from the Barge CINDY B which belonged to the third party defendant L...
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OPINION and JUDGMENT Eugene Thomas, an inmate at Powhatan Correctional Center, State Farm, Virginia, has filed this pro se petition for a writ of habeas corpus. Read liberally, his petition appears to make the following allegations. 1) He was illegally arrested within the Danville City Limits by County law enforcement officers. 2) His counsel was ineffective because (...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW By this action, Willie Louise Riddlesperger seeks damages against the United States (acting through the medical personnel of the Veterans Administration Hospital, operated by the United States, at Birmingham, Alabama), hereinafter referred to as Veterans Hospital, for malpractice, alleging that her husband’s death was caused by the failure of medica...
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*215 MEMORANDUM OPINION AND ORDER The plaintiff seeks judicial review of a decision of the Department of the Interi- or Board of Land Appeals, dated June 12, 1974, under the Administrative Procedure Act, 5 U.S.C. §§ 701 to 706. The entire administrative record has been filed with the court and the matter is now ready for disposition. John Hyrup is the owner of land in Eagle ...
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OPINION Three motions are before the Court. They are directed to substantially identical proceedings in each of the above three cases, hence separate treatment of each of the cases is not required. Civil Action No. 4072 will be treated as typical. One of defendants’ motions seeks an order specifically authorizing Jay H. Conner, the sequestrator appointed by this Court in each of the above...
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ORDER Petitioner, Willie Joe King, filed this declaratory judgment action asking the Court to determine whether he is eligible for parole and whether he is entitled to credit on his sentence for time spent in pretrial confinement. A hearing was held in this matter at which time the parties filed an extensive stipulation of facts. Based on the hearing, the stipulation, and the pleadings in this ...
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This civil action has been brought by the Secretary of Labor (the Secretary 1 ) against defendant to enjoin alleged violations of § 4 of the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 623, and of § 15 of the Fair Labor Standards Act of 1938 (FLSA), as amended, 29 U.S.C. § 215. Jurisdiction is claimed under § 7(b) of ADEA, 29 U.S.C. § 626(b) and § 17 of FLSA, 29 U.S.C. § 21...
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410 F.Supp. 1321 (1976) Edward F. McLAUGHLIN, Jr., Trustee in Bankruptcy of Photon, Inc. v. Robert M. CAMPBELL et al. Civ. A. No. 74-697-F. United States District Court, D. Massachusetts. January 14, 1976. *1322 *1323 Daniel B. Bickford, M. Vance Munro, Daniel O'Connell & Vincent J. Cherry, Gaston Snow & Ely Bartlett, Boston, Mass., for Edward J. McLaughlin, trustee in Bank. Daniel O'Conn...
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OPINION Plaintiffs move for summary judgment, pursuant to Rule 65, Fed.R.Civ.P., in this action to declare unconstitutional and to enjoin further enforcement of a curfew ordinance of the City of Norwich, which prohibits all children under the age of 17 from being on the streets or in any public place past a certain hour in the evening.1 Invoking the Civil Rights *522Act, 42 U.S.C. § 1983, and its ...
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OPINION AND ORDER This is a motion by defendant Walter J. Smith to dismiss an indictment on the ground that he has been denied a speedy trial in violation of the Fifth and Sixth Amendments. See Rules 2 and 48(b) of the Federal Rules of Criminal Procedure. The indictment charges 17 defendants with fourteen counts of conspiracy to violate or actual violations of the narcotics laws. Smith is named...
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OPINION Before LUMBARD, Circuit Judge, and BRUCHHAUSEN and BRAMWELL, District Judges. Louis Fioto, on behalf of himself and all others similarly situated, 1 challenges the constitutionality of 10 U.S.C. § 1331(c) which, in combination with § 1331(a), governs the availability of retirement pay for members of the non-regular military service (i. e., Reserves and National Gua...
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MEMORANDUM OPINION This is an action to recover damages for employment discrimination under 42 U.S.C. § 1981 and its jurisdictional counterpart, 28 U.S.C. § 1343. Plaintiff, a black female, alleges that between May 1966, when she was hired by the defendant" corporation as a clerk-typist, and February 1970, when she was discharged for “her own personal safety” (Complaint, ¶ 26), she was su...
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OPINION AND ORDER I. Preliminary Statement We begin with a Philadelphia Eagles-New York Giants football game on Sunday, November 2, 1969, in which the plaintiff, then an Eagles lineman, seriously injured his left shoulder while executing a downfield block. This injury led rapidly to the end of his professional athletic career. At the time of the injury plaintiff was receiving...
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MEMORANDUM AND ORDER This action is pursuant to 42 U.S.C.A. § 405(g), seeking review of a final decision of the Secretary of Health, Education and Welfare, which held that the plaintiff was not entitled to a period of disability or disability insurance benefits under the Social Security Act. Both parties have filed a motion for summary judgment pursuant to Rule 56. Counsel have been heard in ...
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MEMORANDUM This is an action for review of the Secretary of Health, Education and Welfare’s final decision denying the plaintiff’s claim for black lung benefits. The Federal Coal Mine Health and Safety Act provides that coal miners “who are *1033totally disabled due to pneumoconiosis arising out of employment in one or more of the Nation’s underground coal mines” shall be entitled to black lung be...
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MEMORANDUM AND ORDER The defendant John David Wilson is charged with unlawful possession of a controlled substance (493 pounds of marihuana) with the intent to distribute it, a violation of Title 21, U.S.C. § 841(a)(1) (1970), and with the unlawful carrying of a firearm during the commission of a felony, a violation of Title 18, U.S.C. § 924(c)(2)(1971). The defendant contends that the search o...
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MEMORANDUM ORDER This is a civil proceeding challenging the refusal of the defendants to admit the plaintiff child, Trina Evet Hairston to the regular public classroom at Gary Grade School and her exclusion therefrom as being contrary to 29 U.S.C. § 794, a section of what is commonly known as “The Rehabilitation Act of 1973,” and her exclusion without procedural safeguards as being contrary to ...
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MEMORANDUM OPINION In these consolidated class actions, 1 plaintiffs seek declaratory and injunctive relief pursuant to 42 U.S.C. § 1983 for deprivation of their Eighth and Fourteenth Amendment rights. This Court has jurisdiction under 28 U.S.C. §§ 1343, 2201 and 2202. This Court, as authorized by Rule 52 of the Federal Rules of Civil Procedure, incorporates in this memorandum opinion the app...
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*1009MEMORANDUM AND ORDER This cause comes before the court upon the motion of the third party defendants for summary judgment. The instant action was initiated by Alaska Helicopters, Inc. (hereafter Alaska), to recover certain sums allegedly due it by Whirl-Wide Helicopters, Inc. (hereafter Whirl-Wide), for certain work performed on the Snettisham Line Project near Juneau, Alaska. Plaintiff’s co...
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MEMORANDUM OPINION This is a medical malpractice case which was tried before the Court without a jury on November 24, 1975. In lieu of a closing argument, each party has submitted a written brief. On the basis of the briefs, the evidence presented at trial and the applicable law, the Court finds that the plaintiff, Mary Irene Pegram, is entitled to judgment against the defendant for $13,700.00 ...
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MEMORANDUM AND ORDER This is a treble damage jury case alleging violations of Sections 1, 2 and 3 of the Sherman Act and Sections 2 and 3 of the Clayton Act. Fourteen named plaintiffs sue on their own behalf and as representatives of an alleged class of approximately *26180 job lot dealers handling distribution of the Washington Post in the Washington, D. C. Metropolitan Area. Following answer de...
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MEMORANDUM OF DECISION In these three actions Connecticut state prisoners raise constitutional challenges to the procedures of the Connecticut Board of Parole. Since each plaintiff seeks only a declaration of the legal duty of the Board of Parole, and not a new parole or immediate release, 1 jurisdiction is proper *1229 ly invoked under 42 U.S.C. § 1983 and 28...
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ORDER OF COURT This is a diversity action filed by Catherine R. Frye against the Aetna Life Insurance Company [Aetna] in which plaintiff seeks to recover the proceeds of a life insurance policy of which she is the beneficiary in the amount of $125,000. The case is presently before the Court on the defendant’s motion for summary judgment. On July 7, 1974, plaintiff’s insured husband, Howard E. Fry...
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MEMORANDUM DECISION Plaintiff Allan R. Cage brings this action under 42 U.S.C. §§ 1983 and 1983(3) with jurisdiction present under 28 U.S.C. § 1343(3) to redress an alleged violation of his civil rights when he was arrested in January 22, 1970 by defendants Lucius M. Bitoy and Theodore Faulkner who are Chicago Police Officers. Plaintiff alleges that the arrest was without probable cause and that h...
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RULING Plaintiff, Adam G. Nunez, brought this suit to cancel certain oil, gas and mineral leases in the Fourteenth Judicial District Court for Cameron Parish, Louisiana. Defendant removed the case to this court on the basis of diversity of citizenship, pursuant to 28 U.S.C. § 1441. Both parties have filed cross motions for summary judgment. The pertinent facts have been stipulated in the pretrial ...
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MEMORANDUM This memorandum arises upon the motion of International Business Machines Corp. [hereinafter referred to as IBM], defendant in this antitrust action, for an order vacating Pretrial Order No. 4, as Amended. BACKGROUND During a pretrial conference on May 4, 1972, IBM counsel reported to the court that IBM was troubled by “a history of the Department [of Justice, plaintiff in this action,]...
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OPINION AND ORDER This action was commenced by Alexander P. Brewer pursuant to 28 U.S.C. § 1361 to require the Warden of the United States Penitentiary, Marion, Illinois, where Brewer is incarcerated, to transfer him to the Federal Detention Center in New York City. The basis for this mandamus action is the allegation by petitioner, as I understand it, that no hearing has been held on revocation o...
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MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT This is a tort action based on negligence. Recovery is sought for personal injuries resulting from an explosion in a storage tank which occurred while Plaintiff Bobby Bower (Bower) was welding. A major issue in this case is whether, at the time of the explosion and injury, Bower was an employee or an independent contractor. If Bowe...
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I. OPINION AS RENDERED FROM THE BENCH This case was filed by Howell Curtis doing business as Curtis Mortgage Company against Murphy Elevator Co., Inc., Fincor, Inc., and Rockwell International. Since Fincor is owned by Rockwell International, a voluntary non-suit was taken against it at the request of plaintiff. Jurisdiction is based on diversity of citizenship and the amount in controvers...
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MEMORANDUM As noted in the court’s memorandum of October 22, 1975, there are five issues involved in this case. The first issue was submitted to a jury and tried on March 17, 18, and 19, 1975. On March 19, 1975, the jury returned a verdict which held that Mrs. Billie Jean Berlin was the putative wife of Hank Williams under Louisiana law at the time of his death on January 1,1953, but was not his ...
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MEMORANDUM Plaintiff, James C. Nix, Jr., a Virginia prisoner, and plaintiff, Better Richmond Realty & Investment Company (Better Richmond), primarily owned by Mr. Nix, bring this civil rights action pursuant to 42 U.S.C. §§ 1983, 1985 seeking monetary and injunctive relief to redress an alleged “taking” of their property by defendants, Consolidated Bank & Trust Company (Bank), Bedford C. ...
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*1363 ORDER The complaint in the present case was brought pursuant to the Administrative Procedure Act to seek judicial review of a final decision of the Department of Interior. (See paragraphs I and II of plaintiffs’ complaint). Defendants-Contestants DeVilbiss are stock raising homestead patentees. On June 15, 1967, they filed a private contest complaint with the Bureau of...
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MEMORANDUM AND ORDER The District of Columbia in this case has sued Landmark Services, Inc. (“Landmark”) to enjoin it from operating “interpretive transportation services” • — -that is, bus tours with a vocal commentary along the way — from the grounds of Robert F. Kennedy Memorial Stadium in D.C. to the Mall until it has complied with certain licensing and registration provisions in the D.C.Co...
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MEMORANDUM OPINION This antitrust action brought by plaintiff CASS Student Advertising, Incorporated (“CASS”) against National Educational Advertising Services, Inc. (“NEAS”) alleges violations of the Sherman Act. 15 U.S.C. § 1 et seq. Count I alleges that “NEAS unlawfully possesses monopoly power in the relevant market and has unlawfully and wilfully acquired and maintained that power with...
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MEMORANDUM DECISION The plaintiff, A. O. Smith-Inland, Inc., filed the present action against the defendant, Hoeganaes Corporation, alleg*540ing numerous and continuing acts of patent infringement involving metal powders. Jurisdiction is predicated on 28 U.S.C. § 1338(a) (1970). The defendant has moved to dismiss the complaint for improper venue. Fed.R.Civ.P. 12(b)(3). Venue in an action for paten...
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*1057 ORDER This cause comes before the Court on the motion of the defendants to dismiss or, in the alternative, to abstain pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. Whereupon the Court, having examined said motion and defendants’ brief in support thereof and the briefs of the plaintiffs in opposition thereto, and being duly advised in the premises, now...
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Order This cause was heard by agreement of the parties by the Court without a Jury. This controversy involved the asserted individual liability of Frederick O. FitzGerald, Jr., as a responsible officer to pay unpaid withholding and F.I.C.A. taxes of the following corporations, for the following periods and in the following amounts: Corporation: Calendar Periods Involved: Amount of Ass...
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410 F.Supp. 924 (1976) Barbara COLLINS, Plaintiff, v. RETAIL CREDIT COMPANY, Defendant. No. 3283. United States District Court, E. D. Michigan, N. D. January 12, 1976. *925 *926 *927 Forrest T. Walpole, Caro, Mich., for plaintiff. Smith & Brooker, P. C., Richard G. Smith, Bay City, Mich., for defendant. MEMORANDUM OPINION AND ORDER JAMES HARVEY, District Judge. The instant novel action arose...
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MEMORANDUM This matter is before the Court upon the motion of defendant Sherwood Medical Industries, Inc. (hereafter Sherwood) for summary judgment. Plaintiff brings this action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. It is the contention of defendant Sherwood that the plaintiff has failed to comply with the jurisdictional requirements of the statute requir...
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By letter dated August 22, 1973, Mobil Oil Corporation requested, pursuant to the Freedom of Information Act (FOIA) the opportunity to inspect and copy all communications pertaining to various aspects of petroleum use 1 from January 1, 1970 to August 22, 1973 between the Federal Trade Commission (FTC — Commission) and (1) Congress, (2) any federal agency, and (3) any state government...
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MEMORANDUM The Agency for International Development (A.I.D.) brought this suit to recover $94,031.99, which it paid to Emons Industries, Inc. and E. Tosse & Co., Inc., (colloquially Emons) on various dates in *356 1966. Count one alleges that the defendants, exporters of medicinal drugs, breached sales contracts with Vietnamese importers by failing to comply with contract pro...
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OPINION This is an action to recover damages for the conversion of certain United States Treasury Notes arising under the following circumstances. On May 15, 1966, W. E. Hutton & Company (Hutton) had in its possession the Treasury Notes which are the subject of this action in a vault room in the Bankers Trust Company at 14 Wall Street, New York, New York. Late in August 1966 when the *45cashier o...
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ORDER The three consolidated cases above captioned are stockholder’s derivative actions involving two corporations T.E.L. Oil and Gas Corporation (T.E.L.); and Guymon Crestview, Inc. (Crestview). Plaintiff as a minority stockholder in each corporation alleges in each case that corporate assets were disposed of improperly by the corporations due to acts of the individual Defendants. Two of the cas...
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INTRODUCTION An indictment was filed against Charles Duane Armsbury and five other defendants for harboring and concealing an escaped prisoner, Carl Cletus Bowles, in violation of 18 U.S.C. §§ 371, 1072, 2, and 4. Pursuant to the provisions of 28 U.S.C. § 1867(c), defendant, Charles Duane Armsbury, requested that the proceedings be stayed against him. He has filed several motions to dismis...
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SUR PLEADINGS AND PROOF In 1969 Leasing Consultants Incorporated (LCI or Bankrupt) purchased an aircraft with money it borrowed from The Philadelphia National Bank (PNB). As part of the transaction LCI leased the aircraft to W. A. Wheatland Associates, Inc. (Wheatland) and assigned the lease and payments thereunder to PNB as collateral for the loan. In October 1970, LCI was adjudicated ba...
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OPINION In this non-jury case in which this court’s diversity jurisdiction is invoked, the parties have stipulated the facts. There are two issues: (1) whether plaintiff, Consolidation Coal Company, Inc., is entitled to coverage under the policy of insurance issued by defendant, Liberty Mutual Insurance Company, to Long’s Hauling Company for the loss sustained by plaintiff in the set...
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MEMORANDUM AND ORDER This is a civil action brought by landowner, Francesco Galesi, seeking to quiet title to a parcel of real property (the Equinox House) located in Manchester, Vermont. Suit was brought on February 27, 1975, in the Superior Court at Bennington, Vermont, in accordance with the prescribed Vermont procedures. *624 The defendant removed the action to this court...
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MEMORANDUM OPINION This is an action for treble damages under the antitrust laws in which defendant Air Transport Association of America (ATAA), the industry trade association, the Air Traffic Conference of America (ATC), a constituent body of ATAA, and 20 certified air carriers are charged with conspiracy to restrain and monopolize the air travel business. Defendants have filed a motion for su...
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RULING ON DEFENDANTS’ MOTION TO QUASH ATTACHMENT AND DISMISS COMPLAINT The defendants in this admiralty case have moved to quash a foreign attachment, the garnishment of a debt owing from Con-oco, International, Inc. to one of the corporate defendants and to dismiss the complaint for lack of jurisdiction. The lawsuit is for breach of a contract to charter one of plaintiff’s ships and for ...
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Following the hearing on the government’s motion to reconsider the court’s order of June 3, 1975, the court has carefully considered and evaluated the respective legal positions asserted by each of the parties. It is still the considered judgment of the court that the United States, as to its asserted tax lien against Simco, Inc. (Simco), “stands in the shoes of Simco.” In other words, the governm...
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MEMORANDUM OPINION This action involves the respective rights of the parties to certain trade and service marks and the interaction of the common law of trademarks with the Lanham Act (15 U.S.C. See. 1051 et seq.). Plaintiff, a New Jersey corporation (WKNJ), has its principal place of business in Flemington, New Jersey, where since 1962 it has operated a restaurant facility u...
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Plaintiffs have moved for a preliminary mandatory injunction principally against the defendant Agency for Child Development (hereafter “ACD”) which has terminated its monetary support as of December 31, 1975 of the Samuel’s Temple Day Care Center (hereafter “Center”) located in the Borough of Manhattan, New York. The plaintiffs consist of the Center, its affiliated church, and representatives o...
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MEMORANDUM OPINION Petitioners on this motion, David A. Field (Field) and Anthony G. DiFalco (DiFalco), are attorneys who have been subpoenaed to appear before a United States Federal Grand Jury for the Southern District of New York. The purpose of the grand jury’s inquiry has been stated to be determining the whereabouts of one Carlo Bordoni (Bordoni), a client of Field and DiFalco and a perso...
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MEMORANDUM OPINION Plaintiff brings this action under 42 U.S.C. § 405(g) for judicial review of the Defendant’s final administrative decision that he is not entitled to be paid “black lung” disability benefits under 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. § 922 incorporates 42 U.S.C. § 405(g). Title IV is designed, in part, to...
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ORDER This is a proceeding for writ of habeas corpus by a State prisoner who claims that his detention by virtue of the judgment and sentence of the District Court of Oklahoma County, State of Oklahoma in case No. CRF-73-1302 is unlawful because his constitutional rights were violated at his trial when his court-appointed attorney stipulated with the prosecutor concerning the testimony of the m...
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MEMORANDUM AND ORDER This is a so-called “black lung” case arising under the Federal Coal Mine Health and Safety Act of 1969, as amended in 1972. 30 U.S.C. § 901 et seq. Before the Court are cross motions for summary judgment filed by the plaintiff and defendant respectively. The defendant’s brief contains an excellent statement of the law, and pertinent regulations. Prior opinions of this and oth...
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OPINION Rather than “doing it all for you,” McDonald’s Corporation claims in a motion now before the court that it does nothing for anybody in Pennsylvania. Believing its ad men have assessed the situation more accurately than its lawyers, I deny McDonald’s motion to dismiss this diversity action for lack of jurisdiction. The plaintiff, Inpaco, Inc., instituted suit against McDonald’...
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OPINION The principal question presented by this case is whether a district attorney’s firing of his first assistant for publicly criticizing him presents a colorable claim under the Civil Rights Act of 1871, 42 U.S.C. § 1983. Two cases — one emanating from the United States Supreme Court and the other from the Court of Appeals for this Circuit — persuade me that it does not. The complain...
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MEMORANDUM AND ORDER The plaintiff, College Hall Fashions, Inc. (“Company”), filed a petition in the Court of Common Pleas of Philadelphia County to vacate an arbitrator’s award in a dispute growing out of plaintiff’s termination of its manufacturing operations. Pursuant to Section 301 of the Taft-Hartley Act of 1947 (29 U.S.C. § 185) 1 and 28 U.S.C. § 1441, defendant Philadelp...
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OPINION This matter is before the Court on the appeal of Liberty Loan Corporation from a decision of the Bankruptcy Court awarding defendant-trustee $1,000 for damages and $1,700 as an attorney’s fee on his counterclaim for violations of the Consumer Credit Protection Act, 15 U.S.C. § 1601 et seq. The controversy focuses on a consumer loan agreement made between the said Robert Dunne and Liberty L...
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MEMORANDUM Plaintiff Shankle-Clairday, Inc. brings suit pursuant to the provisions of the Miller Act, 40 U.S.C. § 270a et seq. to recover for material furnished to defendant J. Harvey Crow, a contractor. United States Fidelity & Guaranty Company is sued as surety for defendant Crow. Crow seeks recovery from plaintiff of damages allegedly resulting from the latter’s failure to t...
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OPINION AND ORDER ON APPLICATIONS FOR TEMPORARY INJUNCTION AND OTHER RELIEF I. Factual Background Mesa Petroleum Company (Mesa) is a Delaware corporation with its principal office in Amarillo, Texas. Mesa asserts, under Section 14(e) of the Securities Exchange Act of 1934, [hereinafter 14(e)], claims to access to the identities and addresses of the stockholders of Aztec Oil ...
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MEMORANDUM OPINION AND ORDER As this litigation now stands, 1 the ultimate issue remaining to be decided by the Court is whether certain regulations promulgated by the Defendant Secretary of the Department of Health, Education and Welfare (HEW) under the Professional Standards Review Organizations (PSRO) statute of 1972, 2 42 C.F.R. 101.-2(e) and 101.48, whereby HEW ...
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MEMORANDUM ORDER Upon the motions of defendants Arch A. Moore, Jr., and William H. Loy requiring this Judge to disqualify and recuse himself and upon the responses *772 filed thereto by the United States of America, the Court must consider the two statutes cited in support of the relief prayed for. These statutes are Title 28, United States Code, Section 144 and Section 455. We consider Sec...
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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), whic...
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MEMORANDUM AND ORDER This matter is before the court on the motion of the defendant James D. Lancaster to dismiss with prejudice a three-count indictment charging him with felony murder, second degree murder and robbery and the government’s opposition thereto. On January 2, 1972, the defendant was arrested and charged with felony murder. The essential facts giving rise to the charges reveal t...
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ORDER Plaintiff, a Commander in the United States Naval Reserve, seeks injunctive and declaratory relief against defendants in anticipation of his alleged impending involuntary discharge. He alleges that the discharge proceedings that have been commenced against him are based solely on his status as a homosexual. Plaintiff does not deny that he is in fact a homosexual, but rather challenges the...
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MEMORANDUM OPINION This is an action for a declaratory judgment and injunctive relief alleging infringement of plaintiffs’ civil rights guaranteed by both the statutes and the Constitution of the United States. It is brought under 42 U.S.C. § 1983 and 28 U.S.C. § 2201 with jurisdiction conferred by 28 U.S.C. § 1343. Plaintiffs challenge the New Hampshire Medicaid regulation which excludes as ...
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MEMORANDUM and ORDER The defendant, Harry D. Iaconetti, a federal government contract inspector, was found guilty by a jury of soliciting and accepting a bribe (18 U.S.C. § 201(c)) and attempting to extort money (18 U.S.C. § 1951) from two government suppliers. He moves for a new trial on the ground that the verdict rested upon inadmissible rebuttal evidence by two government witnesses. F...
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MEMORANDUM This action was commenced on April 16, 1973 as a purported class action by plaintiffs under 42 U.S.C. § 1983 alleging violations of the civil rights of the plaintiffs who were then inmates of the Dutchess County Jail. The complaint demanded only injunctive relief. Honorable Murray I. Gurfein, former District Judge now Circuit Judge, to whom the case was originally assigned held an ...
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Defendants Abraham Beame, Mayor of the City of New York, Roger Starr, Administrator of the Housing and Development Administration of New York City, Daniel W. Joy, Commissioner of the Department of Rent and Housing Maintenance of New York City, and City Rent Agency (“the municipal defendants”), Hugh Carey, Governor of the State of New York, Lee Goodwin, Commissioner of the New York State Divisio...
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MEMORANDUM AND ORDER Plaintiff commenced this diversity action against Dr. James R. Leonard and Jefferson Medical College (“Jefferson”) to recover damages due to an alleged breach of contract, wherein plaintiff was to join the staff of Jefferson at the associate professor level. The case proceeded to trial and the jury found Jefferson in breach of contract and awarded damages in the sum o...
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OPINION The plaintiff, Cyclops Corporation, seeks judgment against the defendant, United States, for the refund of corporation income taxes for the calendar years 1962, 1963, 1964, 1965 and 1966, plus interest as provided by law. The issue is whether plaintiff, as an accrual basis taxpayer, is entitled to a current deduction in the calendar year in which it incurred obligations variously ...
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MEMORANDUM A motion and supporting memorandum for disqualification of the presiding judge in the above action was filed by defendant, third party plaintiff, Sun Shipbuilding and Dry Dock Company on 9 September 1975. Plaintiff Virginia Electric and Power Company (VEPCO) and third party defendant Stone and Webster Engineering Corporation filed their memoranda in response on 19 September 197...
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OPINION and JUDGMENT Herbert David Alger has filed this action against the Page County Sheriff’s Department pursuant to 42 U.S.C. § 1983. Petitioner charges that Page County Law Enforcement authorities unlawfully entered petitioner’s home on July 6, 1975 to arrest him and subsequently caused damage to his home. In an earlier opinion of this court, Alger v. Page County Sheriff’s Department, # ...
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OPINION Plaintiff, Rex Financial Corporation, commenced this action against the defendants on October 17, 1974. In paragraphs IV to IX of its complaint plaintiff alleged that on or about February 26, 1973, it entered into an agreement with Rose’s Mobile Homes, Inc., an Arkansas corporation, in which Rex agreed to floor plan the inventory of Rose’s Mobile Homes, Inc., and to purchase retai...
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OPINION In this antitrust action, plaintiff contends that defendants instituted a series of patent infringement suits against it in bad faith as part of a conspiracy to restrain trade and monopolize the disposable plastic glove industry. The gravamen of plaintiff’s complaint is that defendants accumulated a number of patents in the disposable plastic glove field, in particular the Gerard ...
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MEMORANDUM This employment discrimination suit came on for hearing on defendant’s mo *914 tion to dismiss or for summary judgment. Consideration of the memoranda, exhibits, and the oral arguments of the parties persuades the Court that the existence of material issues of fact precludes dismissal of some of plaintiffs’ claims, but that other claims must be dismissed for lack o...
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MEMORANDUM AND ORDER Defendant, while on parole from a sentence for armed robbery under the Federal Youth Corrections Act, 18 U.S.C. § 5010(c), was arrested on May 16,1975, for the bank robbery charged in the instant indictment. He has remained in jail since that date because of a parole violation warrant based on the new offense and other deficiencies and for failing to make bond in the instan...
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MEMORANDUM AND ORDER Plaintiff in this action, having been dismissed from his job, seeks reinstatement and damages for an alleged breach of a collective bargaining agreement. Defendants are the Capitol Printing Ink Co., Inc. (“Capitol”), plaintiff’s former employer; Washington Printing Specialties and Paper Products Union No. 449 (“Union”), the exclusive bargaining representative at Capitol and...
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Petitioner Tom Dixon here asserts that he was unconstitutionally convicted and sentenced on a charge of armed robbery to 20 years imprisonment by a jury in the Superior Court of Dougherty County, Georgia. Based on an evidentiary hearing, record evidence in this case and in Dixon v. Georgia, Civil No. 1178 (M.D.Ga. June 5, 1972, rev’d sub nom. Dixon v. Caldwell, 471 F.2d 767 (5th Cir. 1973), a...
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OPINION AND ORDER OF THE COURT Robert E. Westberry, a prisoner in the Maine State Prison at Thomaston, filed with this Court on June 20, 1974 a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 et seq. The petition was accompanied by a motion for leave to proceed in forma pauperis and a request for the appointment of counsel. By order dated June 20, 1974 the Court...
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MEMORANDUM AND ORDER This matter is before the Court on the defendant’s motion to dismiss the plaintiff’s second cause of action, which attacks the constitutionality of Nebraska’s motor vehicle guest statute, Neb.Rev. Stat. § 39 — 740, now codified as Neb.Rev. Stat. § 39-6,191 (Reissue 1974). The statute prohibits a non-paying guest from recovering damages from the owner or operator of a ...
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OPINION The recent penchant of large public corporations to thin the ranks of public stockholders by “freeze-out” mergers or by “going private” has produced a substantial volume of litigation. The four consolidated cases at bar are part of this development.> Facts The actions arose out of a merger in late 1974 by which the Jones & Laughlin Steel Corporation (“J & L Steel”) w...
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MEMORANDUM AND ORDER Petitioner, Daniel H. Roberts, a State prisoner, has applied for a writ of habeas corpus, 28 U.S.C. § 2241, et seq., challenging the legality of his confinement on the claim that his conviction resulted from evidence obtained through illegal search and seizure. Petitioner was convicted on July 23, 1973 of multiple counts of forgery and the making of an apparently sworn ...
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OPINION Defendant, Thomsson Steel Co., Inc., has moved, pursuant to Rules 12(b)(2) and 12(b)(3), Fed.R.Civ.P., to dismiss this diversity action for lack of personal jurisdiction over the defendant. The plaintiff, Concrete Detailing Services, Inc., a New York corporation, apparently contracted to supply the defendant, a Maryland corporation, with certain drawings, plans and blueprints nece...
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OPINION This three-judge court has been convened, pursuant to 28 U.S.C. § 2281, to hear and determine this action, brought under the Civil Rights Act and its jurisdictional counterpart, 42 U.S.C. § 1983, 28 U.S.C. § 1343(3), by individual judgment debtors and all others similarly situated. Challenging the constitutionality of certain statutes of the State of New York, plaintiffs seek clas...
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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 by the above-named petitioner. It appears therefrom that this is a proceeding for a writ of habeas corpus by a prisoner who is confined in the Oklahoma State Reformatory at Granite, Oklahoma, in which he challeng...
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ORDER This is a Civil Rights action brought by a prisoner confined in the Federal Reformatory at El Reno, Oklahoma, seeking money damages together with declaratory and injunctive relief. The plaintiff contends that the defendants have violated 42 U.S.C. § 1983 and he asserts jurisdiction under 28 U.S.C. § 1343. The defendants have filed a Motion to Dismiss on the grounds that the court lacks subje...
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MEMORANDUM AND ORDER Pending before this Court is defendants’ motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) or, in the alternative, for summary judgment pursuant to Rule 56(c). For the reasons stated hereinafter, we deny defendants’ motion as to Count I of the complaint, which alleges a violation of 42 U.S.C. § 1981, and Count III of the complaint, w...
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MEMORANDUM AND ORDER Plaintiff, a Pennsylvania state prisoner, seeks leave to proceed in forma pauperis with his “Motion for a Temporary Restraining Order, Declaratory and Injunctive Relief.” From the petition, it appears that the plaintiff seeks to challenge the procedures utilized by the Commonwealth of *11 Pennsylvania in processing detainer warrants which have been lodged against Pennsy...
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MEMORANDUM OPINION AND ORDER Pending are cross motions for summary judgment. The primary issue is whether the record establishes a tying arrangement violative of antitrust law. Aamco Automatic Transmissions, Inc. (Aamco) instituted action against Harry M. Tayloe and other defendants 1 complaining that Tayloe had conspired to breach and breached his franchise contract. In response, Tayloe file...
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OPINION This is a civil rights action in which plaintiffs challenge the provisions of R.I. General Laws §§ 17-7-1 through 17-7-10 and 17-23-7 as unconstitutional and the enforcement of § 17-23-7 by the Board of Elections as contrary to the law of Rhode Island. The jurisdiction of this Court is allegedly based upon 28 U.S.C. § 1343 and 42 U.S.C. § 1983. This action is presently before me on the def...
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DECISION and ORDER In this action the plaintiff has challenged, as contrary to title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., the defendant’s sick leave, and health insurance plans. These plans allegedly run afoul of title VII’s ban against sex discrimination in terms and conditions of employment. Each side has moved for summary judgment. The ...
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AMENDED MEMORANDUM DECISION This action for injunctive relief is brought by the Aircraft Mechanics Fraternal Association (AMFA) and four individuals employed by United Air Lines, Inc. in the class or craft of mechanics and related employees, within the meaning of the Railway Labor Act (Act or RLA), 45 U.S.C. §§ 151-188. Plaintiffs would have this court enjoin, pending final disposition of...
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DECISION Before ELY, Circuit Judge, EAST, Senior District Judge, and WHELAN, District Judge.* The above two cases were consolidated as a matter of judicial expediency for hearing upon the several motions of the respective parties as hereinafter delineated. *1077CASE NO. CV 74-2079 ALS Plaintiffs’ Cause: It appears from the verified complaint: The plaintiff California Citizen Action Group (herei...
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MEMORANDUM AND ORDER In his complaint filed December 31, 1974, Mr. Chalk, a black employed at the Department of Labor, seeks mandatory relief and damages alleging that after being detailed to the Office of Information, Publications and Reports of the Department (OIPR) he was discriminatorily refused appointment as a writer/editor in favor of a white despite the fact that his work was satisfactory ...
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OPINION Plaintiffs, Harold and Wanda French (“the Frenches”) own real property located in Dickenson County, Virginia. 1 *15 The Frenches are citizens and residents of Virginia, living on the parcel which they own. The defendant, Clinchfield Coal Co. (“Clinchfield”), is a corporation chartered by the States of Delaware and Virginia, and owns the mineral rights to coal, ...
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OPINION Plaintiff is the publisher and seller of a weekly booklet entitled “The New *1147 Hampshire Classified Guide” (hereinafter referred to as “Guide”). “Guide” is a seventy page compilation of approximately fifteen hundred classified ads which is published every Wednesday and distributed in southern New Hampshire and northern Massachusetts. Defendant is the publisher...
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MEMORANDUM OPINION . AND ORDER Petitioner, Bartholomew DiAngelo, was convicted by a jury in this court of conspiring to rob and of robbing a federally insured bank. 1 We sentenced him to a term of fourteen years’ imprisonment to be followed by a term of five years’ probation. The Court of Appeals affirmed. United States v. DiAngelo, 493 F.2d 1401 (3d Cir. 1974). DiAn...
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MEMORANDUM OPINION The above case came on to be heard before the court without a jury on the 4th day of June, 1974 and the parties appeared either in person or by and through their attorneys of record. The parties submitted their evidence and argument of counsel to the court on said date and have additionally filed post-trial briefs, all of which has been considered by the court. The cour...
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OPINION On July 12, 1974, plaintiffs instituted this action for declaratory and injunctive relief against the construction of a bridge across the Ohio and Guyandotte rivers from 31st Street in the Guyandotte area of Huntington, West Virginia to Proctorville, Ohio. On August 7, 1974, a hearing was held on plaintiffs’ motion for a preliminary injunction. Thereafter, on August 16, 1974, this Court de...
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ORDER DISMISSING CASE Petitioner filed in this Court a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner alleges that (1) he was denied his Fourteenth Amendment right to a fair hearing on his motion to suppress because the judge was biased against him; (2) he was denied his Fourth Amendment right to be free from unreasonable searches and seizures because his in...
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MEMORANDUM AND ORDER The court is called upon to determine whether the defendants are subject to the jurisdiction of the courts of the District of Columbia. Service of the summons and complaint was made on the defendants by mail outside the District of Columbia and they moved to dismiss the action on the grounds of insufficiency of service of process and lack of personal jurisdiction. ...
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MEMORANDUM OPINION Plaintiffs, black residents and registered voters of Meriwether County, Georgia, seek a judgment declaring invalid a decision by the Attorney General to withdraw objections to a redistricting statute enacted by the Georgia state legislature. Count one of plaintiffs’ complaint alleges that the Attorney General’s action was inconsistent with procedures outlined in section...
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MEMORANDUM OPINION On April 16, 1975, Town Enterprises, Inc. (“Enterprises”), a Delaware corporation, filed an original petition in the Bankruptcy Court of this district for a Chapter XI arrangement proceeding pursuant to § 322 of the Bankruptcy Act, 11 U.S.C. § 722. By an order of the Bankruptcy Court dated April 29, 1975, plaintiff, Jules J. Schwartz, was appointed Receiver in Bankruptcy for Ent...
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THE SETTLEMENT PROVISION WHEREBY TRAVELERS WAS TO RECEIVE 50% OF AMOUNT RECOVERED FROM DRESSER Leger filed suit for personal injuries sustained aboard a self-propelled, jack-up workover barge designated as the “Dresser VII.” The complaint was filed under the General Law Maritime and the Jones Act, naming as defendants the plaintiff’s employer, Drilling Well Control, Inc.; the barge owner, Dresser ...
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MEMORANDUM on APPLICATION FOR PRELIMINARY INJUNCTION Plaintiff alleges in her complaint that she has been discharged from her employment with the defendant Worcester Foundation for Experimental Biology, Inc. (Foundation), effective December 31, 1975, because of her opposition to Foundation’s employment practices made unlawful by 42 U.S.C. § 2000e-l et seq. She has begun proceed...
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MEMORANDUM AND ORDER Plaintiff has initiated this action against the defendants seeking declaratory and injunctive relief for herself and on behalf of a class she seeks to represent. Jurisdiction is alleged to exist as to defendants Butz, Feltner, and Shipp, pursuant to 28 U.S.C. § 1337 and as to the remaining defendants pursuant to 28 U.S.C. § 1343(3). The matter is presently before...
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OPINION Empire Fire and Marine Insurance Company, a Nebraska corporation qualified to do business in Mississippi, has *991 filed its complaint for interpleader under the provisions of Rule 22 of the Federal Rules of Civil Procedure, and has named certain defendants claiming that said defendants are adverse claimants, each of whom has claimed or may claim the proceeds of an au...
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OPINION AND ORDER This is a motion to dismiss a third party action for lack of personal jurisdiction and for insufficiency of service of process, Rule 12(b)(2) and (5), Fed.R.Civ.P. 1 Hellenic Lines Limited (“Hellenic”) is a defendant in an action to recover for damage to cargo brought under the admiralty and maritime jurisdiction of this Court. See Rule 9(h), Fed.R.Civ.P. Hell...
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OPINION Plaintiff herein, CBS, Inc. (CBS Records Division, hereinafter “CBS”), has brought this action against Tanya Denise Tucker (hereinafter “Tucker” or “the infant”), a minor formerly under contract to plaintiff as a recording artist, Tanya, Inc., and Jessie Melvin Tucker and Alma Juanita Tucker, both individually and as guardians of Tanya Tucker. The complaint seeks a declaratory judg...
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ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Defendant in this medical malpractice action has moved for summary judgment on the ground that the South Carolina statute of limitations 1 bars recovery. The plaintiff, who admittedly failed to file his complaint within six years of either the alleged misdiagnosis or the date of his last treatment by the defendant, contends that ...
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ORDER DETERMINING THAT THIS CAUSE MAY BE PROSECUTED AS A CLASS ACTION On this, the 5th day of January, 1976, came on to be heard plaintiffs’ motion that the Court determine that this cause may be prosecuted as a class action; and, the Court having read and considered said motion, is of the opinion and finds: (1) That the plaintiffs sue not only in their own behalf, but also as representative parti...
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ORDER GRANTING PERMANENT INJUNCTION On this the 5th day of January, 1976, came on for consideration plaintiffs’ application for a permanent injunction; and the Court having again fully considered the pleadings, evidence, arguments and briefs submitted prior to and during the consolidated hearing held on October 31, 1975 and November 3, 1975, as well as the briefs of the parties and amici curiae fi...
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I. Background, Mississippi Power Company (MPC), plaintiff, has filed a civil action against Peabody Coal Company (Peabody) and Commercial Transport Corporation (Commercial), seeking $346,318,012.00 in damages for the alleged breach of a coal supply contract. Also sought were (1) a declaratory judgment that Peabody’s force majeure excuse for nonperformance of the contract is not valid; (2) a judgme...
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OPINION I. PROCEDURAL HISTORY Plaintiffs, parents of Spanish-surnamed American children attending public school in the San Jose Unified School District, bring this action on behalf of themselves and all others similarly situated. They charge that defendants, the San Jose Unified School District, its Superintendent, and members of its Board of Education, have purposefully operated and maintain...
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These consolidated petitions for writs of habeas corpus come before the Court on *687 remand from the United States Court of Appeals for the Third Circuit for reconsideration in light of Stone v. Powell,-U.S. -, 96 S.Ct. 3037, 49 L.Ed.2d-(1976), decided by the Supreme Court after oral argument was heard on these cases in the Court of Appeals. United States ex rel. Frank Petillo v. State of N...
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415 F.Supp. 799 (1976) LLOYD A. FRY ROOFING COMPANY, Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY et al., Defendants. No. 76 CV 230 W-4. United States District Court, W. D. Missouri, W. D. June 25, 1976. *800 Thos. J. Leittem, John H. Altergott, Jr., Shuggart, Thomson & Kilroy, Kansas City, Mo., for plaintiff. Albert D. Hoppe, Asst. U. S. Atty., Kansas City, Mo., Henry F. Rompa...
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MEMORANDUM AND ORDER This action is brought by Mid-America Regional Council (hereinafter MARC) to set aside the conditional designation of defendant Mid-America Health Systems Agency, Inc., (hereinafter MASHA) as the health systems agency for the eight county bi-state region of the metropolitan Kansas City area. Plaintiff also seeks to set aside any contract or agreement entered into betw...
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OPINION On October 12, 1976, plaintiff Kennecott Copper Corporation filed a complaint and motion for a preliminary injunction against Administrator Russell E. Train of the Environmental Protection Agency (EPA) seeking declaratory and injunctive relief. Ken-necott seeks a determination that a variance and revision of the current Nevada State Implementation Plan (SIP or NIP) for Kennecott’s coppe...
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MEMORANDUM, FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The United States attorney of this district filed on January 23, 1976 an information in two counts, charging that personnel of the defendant-corporation knowingly1 violated certain regulations of the Interstate Commerce Commission (ICC). 18 U.S.C. § 834(f). A plea of not guilty was entered on behalf of the corporation at the initial ar...
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MEMORANDUM AND ORDER In an opinion and order of this date, I denied a motion for a new trial in this case *345 D.C., 425 F.Supp. 342. The basis for that motion was an allegation of unlawful intrusion by the government into attorney-client communications by means of an alleged sham defendant, Joseph Márchese. There is a second motion for a new trial which rests upon the identical legal princ...
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DECISION AND ORDER This action was commenced by the filing of a complaint on October 30, 1974, charging that defendant KSI Farm Lines Co-op, Inc. (hereinafter “KSI”), acting under the direction of, aided and abetted by, and participated in by the remaining defendants, conducted a for-hire transportation operation in interstate commerce without authority from the Interstate Commerce Commission (her...
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MEMORANDUM AND ORDER The above entitled matter is presently before the Court on defendants’ Motion To Dismiss and plaintiff’s opposition in response thereto. Plaintiff is a United States Senator from the Commonwealth of Massachusetts. Defendant Jones is the Chief of White House Records and defendant Sampson is the Administrator of the General Services Administration. In this action plaintif...
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This case raises a question of first impression under Section 921 of the Internal Revenue Code of 1954 (the Code). The parties have stipulated to certain facts and both have cross-moved for summary judgment. The plaintiff, Le Beau Tours Inter-America, Inc.'(“Le Beau Inter-America”) sues for a refund of more than $100,000 in taxes it paid for the years 1966 through 1968 pursuant to a deficiency ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This trial de novo presented plaintiff’s claim that he was denied promotion due to his race. He came before this Court having fully pursued his administrative remedies. He first complained to an EEO counsellor. The counsellor was unable to resolve the matter and plaintiff filed a formal complaint on September 24, 1974, and when his complaint was rejected on ...
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MEMORANDUM OPINION This matter is before the court on the United States’ request on behalf of the government of Finland, pursuant to 18 U.S.C. § 3184, to certify the extraditability of Mr. Aarno Liuksila. Criminal Complaint (Document No. 1). Mr. Liuksila filed a Motion to Dismiss the Criminal Complaint and Deny Finland’s Extradition Request (“Motion”) (Document No. 15) which is also pending for th...
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