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All Reporters → us-dist-lexis → Volume 1978

Opinions in us-dist-lexis Volume 1978

MEMORANDUM AND ORDER In this action for a declaratory judgment, the question presented is whether the purported buyer of a used automobile was an insured under the omnibus clause of the seller’s insurance policy. Plaintiff as well as defendants seeks summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons developed *483below summary judgment will b.e granted i...
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MEMORANDUM OPINION This is an action by a seaman Efrain DeWindt for unpaid wages. Plaintiff brought this action on the admiralty *26side of the Court against his employer, Hess Oil Virgin Islands Corporation. Plaintiff seeks recovery under the Panamanian Labor Code for overtime and vacation pay earned but not received. Alternatively, plaintiff seeks recovery for overtime pay alone on the theory th...
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MEMORANDUM OPINION This case requires the court to determine how a child’s emancipation affects the support obligations of the father and to what extent remarriage and the birth of children by that remarriage may also affect those obligations. The court further considers whether the father’s support and alimony obligations, if subject to modification, may be retrospectively modified under Virgin I...
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ORDER AND DECREE ON MOTIONS FOR SUMMARY JUDGMENT AND REMAND This action for wrongful death arises out of an automobile accident. In Counts One and Two, the plaintiffs seek damages from Unijax, Inc. for the alleged wantonness or negligence of Unijax’s employee, the defendant Jerry B. Carner, which allegedly resulted in the death of plaintiffs’ decedent. In Counts Three and Four, the plaintiffs hav...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This is a suit under 42 U.S.C. §§ 1981, 1983, and 2000e, et seq., alleging race discrimination. Plaintiff Alvin H. Townsel is a black male who was hired by the defendant University in a dual capacity, both as an instructor and as an administrator. The defendant did not renew the plaintiff’s contract, and he brought this action charging the defendant with ra...
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MEMORANDUM OPINION Appellants in this bankruptcy appeal filed their voluntary petition on January 24, 1978, and an adversary complaint on February 1. Named as defendants were the two payees on two checks made by one of the debtors, the Sheriff of Conway County, and the prosecuting attorneys for Dallas and Van Burén Counties. An order was requested restraining the defendants from prosecutin...
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ORDER I. Introduction Plaintiff Getty Oil Company (hereinafter “Getty”) filed this action for injunctive relief, declaratory judgment, and judicial review of a decision and order of the defendant Department of Energy (“DOE”) and its predecessor agencies. The DOE ordered Getty to include catalytic coke, a by-product of Getty’s oil refining process, in its cost allocation compu...
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MEMORANDUM OF DECISION This case presents important issues concerning the relationship between the patent laws and the antitrust laws. The issues arise in the procedural context of a private treble damage action brought pursuant to § 4 of the Clayton Act, 15 U.S.C. § 15, and tried to a jury. The factual context is the manufacturing and marketing of office photocopy machines — machines cap...
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MEMORANDUM OPINION The instant complaint is before the court on plaintiffs’ motion for provisional class certification. Fed.R.Civ.P. 23(c). Plaintiffs allege violations of 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. § 240.10b-5. Plaintiffs are purchasers of G. D. Searle & Co. common stock. The gravamen of plaintiffs’ c...
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RULING After a jury trial in the Fourteenth Judicial District Court, Parish of Calcasieu, Louisiana, the petitioner, Felix Stroud Hammontree, was convicted of negligent homicide in violation of Louisiana Revised Statutes 14:32. He was sentenced to five years hard labor in the custody of the Louisiana Department of Corrections and is presently in the respondent’s custody serving that senten...
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MEMORANDUM Alan Herbert Abrahams, a/k/a James A. Carr, and eleven others are named as de *555 fendants in a fifty-count indictment returned on August 3, 1978 by a federal grand jury sitting in Boston. The indictment focuses on the operations of Lloyd, Carr & Company (“Lloyd, Carr”), a now defunct commodity futures and options firm with which all of the defendants were associa...
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OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Plaintiff union filed this action against Bechtel Power Corporation alleging that it *644 had failed to arbitrate a grievance, in violation of the collective bargaining agreement. That grievance charged that the defendant had failed to make payments into an i...
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MEMORANDUM OPINION AND ORDER This is a civil rights case. The factual background and procedural history of the case have been set forth at length in Martin Luther King Jr. Elementary School Children v. Michigan Board of Education et ah, 451 F.Supp. 1324 (E.D.Mich.1978), and will not be repeated here. This case is before this court on defendants’ motion to dismiss plaintiffs’ amended complaint...
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OPINION This action was brought by plaintiff, Somboon Ruenkamol, against her former employers, Laurence D. and Dell C. Stifel, for unpaid minimum wages and an additional equal amount as liquidated damages under the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-216 (as amended) (hereinafter cited “FLSA”). For the purpose of this motion only, defendants concede that plaintiff was emplo...
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OPINION The plaintiff Marc J. Medoff was, at all times pertinent to this action, an undergraduate student at the Teaneck campus of Fairleigh Dickinson University [FDU] and editor-in-chief of the school newspaper, The Gauntlet. The plaintiff seeks disclosure by the defendant, Central Intelligence Agency [CIA], pursuant to the Freedom of Information Act [FOIA], 5 U.S.C. § 552, of certain do...
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MEMORANDUM AND ORDER This civil rights action, brought pursuant to 42 U.S.C. § 1983 and its jurisdictional counterpart 28 U.S.C. § 1343(3), challenges the constitutionality of the standards for civil commitment of mentally ill persons embodied in various provisions of the New York Mental Hygiene Law (“MHL”) and the procedures used in such commitments. Specifically, the action is brought to decl...
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OPINION Plaintiff, the wife of an injured seaman, sues for loss of services, society, consortium and support, and, on behalf of the minor children, for loss of services, comfort, care, affection, training, companionship and support. Defendant has moved to dismiss the action for failure to state a claim upon which relief can be granted pursuant to F.R.Civ.P. 12(b)(6) and for judgment on the plea...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action was brought by the Secretary of Labor on January 27,1978 pursuant to 29 U.S.C. § 1132(a) against the defendant, Arthur M. Kelly, seeking relief for alleged violations of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. The defendant filed an answer denying any violations of ERISA and raisin...
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OPINION The Plaintiffs, Liberty Curtin Concerned Parents and Sugar Valley Concerned Citizens, both unincorporated associations, filed this action against the Keystone Central School District and the School Directors alleging that the Defendants deprived them of their constitutional rights. A hearing on the issue of whether the Plaintiffs were entitled to a temporary restraining order or prelimina...
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OPINION Under section 202(b)(1)(B) of the Social Security Act, the wife of a disabled wage earner is entitled to “wife’s insurance benefits” if she either has reached the age of sixty-two or has in her care a minor child.1 *6142 U.S.C. § 402(b)(1)(B) (1976). The husband of a disabled wage earner, however, is entitled to “husband’s insurance benefits” only if he has reached the age of sixty-two. 4...
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MEMORANDUM OPINION AND ORDER A United States magistrate of this district recommended that the undersigned judge deny the defendants’ motion for a dismissal of this action on the grounds of lack of jurisdiction of the subject matter and of the failure of the plaintiffs to state a claim on which relief can be granted, Rules 12(b)(1), (6), Federal Rules of Civil Procedure. 28 U.S.C. § 636(b)(1)(B). S...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION Introduction The defendants have been convicted for conspiring to import marijuana into the United States, conspiring to possess marijuana with intent to distribute in the United States, and carrying firearms during the commission of felony offenses. Before trial, the court conducted a two and one-half day evidentiary hearing pri...
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OPINION Plaintiffs in this case, Robert A. Mann and Walter J. Rusek, Trustee, are Defendants in a state court usury action filed by the Bankrupt Michael J. Vaughn (and assumed by the Trustee in bankruptcy). In the state court action, after the commencement of the Vaughn bankruptcy, Mann sought to file a counterclaim alleging three causes of action: (1) violation of the Texas Deceptive Tra...
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MEMORANDUM OF DECISION The petitioner’s pretrial release was revoked for violation of a condition of release imposed by the Vermont District Court, Unit # 6, Windham Circuit. The condition was that the petitioner: not be the subject of a new charge of a felony or a crime against a person or a like offense to the offense charged for which, after hearing, probable cause is found.1 The requirement wa...
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MEMORANDUM OPINION AND ORDER By an information filed with this court on October 30,1978, defendant Anton N. Fowler was charged with a violation of 18 U.S.C. § 641, in that he allegedly received, concealed, or retained unlawfully three automatic chainsaws, having a value in excess of $100, which had been stolen from the United States Government. The information further alleged that defendant knew t...
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MEMORANDUM OPINION Petitioners Franklin R. Wallace and Patricia B. Wallace, husband and wife who are imprisoned separately in Virginia at Tazewell Correctional Center, Tazewell, and Women’s Correctional Farm, Goochland, have filed this 42 U.S.C. § 1983 action against respondents Terrell D. Hutto, Director of the Department of Corrections, A. F. Downes, Superintendent of the Women’s Correctional Ce...
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OPINION Worthen Bank & Trust Company is a secured creditor of Eugene Morris, the debtor in this Chapter XIII proceeding. Morris bought two automobiles on conditional sale contracts, and the contracts were assigned to Worthen. The question presented is whether Worthen is entitled to an attorney’s fee in accordance with the *1229contracts. The Bank’s attorney rendered substantial services, all in t...
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MEMORANDUM AND ORDER Pending before the Court is the motion of the defendant Charles Yielding and the government to set a date certain to present to the Court the plea agreement which has been struck between the parties in this case. It is not now, nor has it been, the practice of this Court 1 to consider such agreements, 2 even though the Court is cognizant of the provisions of Rule 11(e),...
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MEMORANDUM AND ORDER In October 1975, petitioner, the National Bank of North America (the “Bank”), obtained a money judgment for $3,414.65 against Anthony Lombardo in the Civil Court of the City of New York, Queens County, $2,639.05 of which remains unsatisfied. Petitioner commenced the above-styled special proceeding in the Civil Court in April 1978, to obtain an order, pursuant to N.Y. ...
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*364 OPINION Defendants move under Rule 56(b), Fed. R.Civ.P., for summary judgment dismissing the complaint. Plaintiff cross-moves for partial summary judgment on the issues of liability and personal jurisdiction, or, in the alternative, for a preliminary hearing to determine the issue of personal jurisdiction. Rules 56(a), 12(d), Fed.R.Civ.P. Plaintiff alleges that Hugh H. ...
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MEMORANDUM ORDER I In this action plaintiffs Itha David Becker and Hannah M. Kneafsey, Medicaid beneficiaries, on behalf of themselves and all persons similarly situated, have challenged the enactment and implementation of New York Social Services Law § 367-a(6) (“Section 367-a(6)”). This court has jurisdiction pursuant to 28 U.S.C. § 1343(3) and principles of pendent jurisdiction. The atta...
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MEMORANDUM OP OPINION AND ORDER This case was originally filed in the Court of Common Pleas, Columbiana County, Ohio. 1 On July 28, 1976, defendant Nick Serraglio filed a petition for removal in this federal court. The case is now before the court on the plaintiffs’ motion to remand the case to the Court of Common Pleas. Upon consideration, the motion is granted. The compl...
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MEMORANDUM OPINION Introduction (See also Findings Nos. 1-13) Plaintiff Ashland seeks compensation for helium contained in the natural gas stream *620 acquired from plaintiff by defendant Phillips, which was subsequently extracted and sold separately to the United States government. Originally tried in 1973, this case was remanded on appeal to retry controlling factual issues. In the ...
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OPINION I. History of Case Plaintiffs, Terrance Stubbs, a handicapped child, and his mother, Josephine Goolsby, filed an original and amended complaint against the Department of Education and the State Board of Education of the Commonwealth of Pennsylvania (hereinafter Commonwealth agencies), four individual officers of those agencies, the Sto-Rox School District, the Superintendent ...
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*54MEMORANDUM AND ORDER Presently before the Court are the motions of the federal defendants1 in the above-captioned Hower and Wilkinson cases to dismiss both cases for failure to state a claim upon which relief can be granted, pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons stated below, each of these motions will be denied. The Hower and the Wilkinson plaintiffs brought these actions, on beh...
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MEMORANDUM OPINION This action was removed from the Erie County Court of Common Pleas on August 9, 1977. On November 16, 1977, plaintiff’s motion to remand was denied. Following discovery, the parties filed cross motions for summary judgment. Plaintiff’s motion will be denied; defendants’ motion will be granted. On December 12, 1972, defendant Local No. 2666 was certified by the Pennsylvania Labo...
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DECISION and ORDER This matter is before me on the defendants’ motion for a stay of the final judgment entered on November 20, 1978. That judgment granted to the plaintiffs injunctive relief as to their claims involving the lack of adequate visitation rights and overcrowding in the county jail in Milwaukee. Rule 62(c), Federal Rules of Civil Procedure, provides that: “When an appeal is taken from ...
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AMENDED MEMORANDUM OPINION This diversity case is before the court on defendants’ motions for summary judgment. Plaintiff Ronald Baines is a former employee of Underground Development Company, an independent contractor employed by defendant U. S. Pipe and Foundry Company, Inc., a subsidiary of defendant Jim Walter Corporation, to construct a coal mine. On June 20, 1976, Mr. Baines, while working a...
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MEMORANDUM The plaintiffs, certain nonprofit corporations and associations, have brought this action (1) to enjoin the construction by the Connecticut Department of Transportation (DOT) of certain segments of Route 25 in the town of Trumbull, Connecticut, unless and until they are redesigned to comply with applicable environmental standards, (2) to rescind the indirect source permit issued by d...
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MEMORANDUM ORDER DENYING DEFENDANT’S MOTION TO DISMISS AND GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This cause came on for consideration upon the motion of defendant Eastern Air Lines, Inc., to dismiss the complaint for lack of jurisdiction and upon plaintiff Benjamin R. Kidder’s motion for summary judgment. The court having considered the record, and the arguments of counsel, and...
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MEMORANDUM OPINION This will serve to explain the legal basis for the separately entered findings of fact and conclusions of law entered here. The complaint, as amended, asserts a claim under 42 U.S.C. § 1983 for damages and injunctive relief for certain named pretrial detainees held in custody at the Indiana State Prison. The case was tried on the merits to the Court at the Indiana ...
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This case arises as a constitutional challenge to the Maryland scheme for licensing automobile salesmen. Plaintiffs, Detroit Automotive Purchasing Services, Inc. (hereinafter “DAPS”) and John F. Patti, a new vehicle “broker”, maintain that the licensing provisions unconstitutionally prevent them from doing business in Maryland. Accordingly, plaintiffs seek declaratory and injunctive relief agai...
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MEMORANDUM OPINION AND ORDER Gary L. Quigg, the petitioner in this case, seeks a writ of habeas corpus based on various constitutional errors during trial. Previously Quigg petitioned the Court for a writ of habeas corpus based on the legality of search warrants. Quigg v. Estelle, No. 71-1007. An appeal of this Court’s refusal to grant the relief was taken to the Ninth Circuit and a writ of c...
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OPINION On August 1, 1978, Atlanta Shipping Corp. (“Atlanta”) commenced this action by filing a petition to compel arbitration between it and Cheswick-Flanders & Co. (“Cheswick”). Atlanta subsequently moved pursuant to section 4 of the Federal Arbitration Act, 9 U.S.C. § 4 (the “Act”), for an order compelling the arbitration. Cheswick opposes the motion, but it also demands, in the altern...
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MEMORANDUM AND ORDER Defendants Ken Clark, Eric Romandi and Doris Jackson move for an acquittal or in the alternative for a severance. They and ten others were indicted for conspiracy to import from Bangkok and distribute quantities of heroin and for various acts of importation or distribution of heroin. 21 U.S.C. § 846ff. Clark was named in two substantive importation counts and Romandi and Ja...
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OPINION The motions before this Court are brought with regard to portions of four actions — individual and derivative — which have been consolidated for purposes of trial. All derivative and individual claims allege, essentially, irregularities in the activities of the general partners of Fleschner Becker Associates, an investment partnership of which the plaintiffs were limited partners....
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MEMORANDUM OPINION AND ORDER Plaintiff Shaul Ladany was a member of the Israeli Olympic team which participated in the September, 1972 Olympic games at Munich, Germany. The team was victimized by the murderous “Black September” terrorist attack. Defendant Serge Groussard, a French journalist, wrote a book about the attack. 1 It was published in France under the title “La Medail...
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MEMORANDUM OF DECISION AND ORDER This action to review a denial of surviving childrens’ insurance benefits under the Social Security Act was initially referred to a United States Magistrate to review the administrative record, hear the contentions of the parties, and report to the court his recommended disposition of the plaintiff’s motion for judgment on the pleadings and the defendant Secretary’...
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MEMORANDUM OPINION On July 21,1978, Arthur Snead, a federal prisoner incarcerated at Lewisburg Penitentiary, instituted this pro se action 1 by filing three documents entitled: (1) “Action for Mandamus to Show Cause Why Frame-up Bank Robbery Conviction Should Not Be Vacated, Set Aside and Dismissed with Prejudice Against Renewal”, (2) “Complaint and Petition For Orde...
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ORDER This is a medical malpractice action brought by the plaintiff under the Federal Tort Claims Act and pursuant to Section *6 15-51 — 10 of the South Carolina Code (formerly Section 10-1951 of the 1962 South Carolina Code.) It is alleged, inter alia, that one John M. Ellis husband of Mearl S. Ellis and father of Yolanda Ellis, was admitted to the Veterans Administration Hospital in Charl...
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ORDER ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT ■ This matter is before the court on defendants’ motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. In arriving at its decision the court has reviewed all pleadings, depositions to date, answers to interrogatories, and affidavits. Plaintiff charges defendants, all of whom are either members of the Sheriff’s Dep...
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MEMORANDUM OPINION AND ORDER Plaintiff, Karoly Kiss, brought this action against his former employer, Tamarac Utilities, Inc., and several of his former co-workers, Roland Salsberry, Jan Langnecker, Robert Foltz and Charles Moore. In Count I of the amended complaint, plaintiff seeks reinstatement, back pay and attorneys’ fees for employment discrimination pursuant to *953 Title VII of the Civ...
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MEMORANDUM AND ORDER Plaintiff James Sharp seeks to recover from defendant Liberty Mutual Insurance Company certain sums allegedly due and owing on an insurance policy issued by defendant to plaintiff’s employer, of which policy plaintiff is a third party beneficiary. The insurance policy is an “excess compensation” policy, obtained in fulfillment of a collective bargaining agreement between pl...
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464 F.Supp. 138 (1978) Loretta Lewis RICE, Plaintiff, v. The CITY OF ST. LOUIS et al., Defendants. No. 77-582C(2). United States District Court, E. D. Missouri, E. D. December 26, 1978. *139 Michael J. Hoare, St. Louis, Mo., for plaintiff. Jack L. Koehr, St. Louis, Mo., for defendants. MEMORANDUM WANGELIN, District Judge. This action challenges defendants' hiring practices with regard to its Pub...
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*605 OPINION Plaintiffs, the United States of America and the Trustees of Columbia University in the City of New York (“Columbia”) move pursuant to Rule 56, Fed.R.Civ.P., for summary judgment declaring that § 175.107(c) of the New York City Health Code (“City ordinance”) is unconstitutional insofar as it has been preempted by the Atomic Energy Act of 1954, as amended, 42 U.S.C. §...
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FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER Plaintiff instituted this action to recover the amount of $21.00 which it paid in federal income taxes under the Federal Unemployment Tax Act (F.U.T.A.). The sum that plaintiff seeks to be refunded belies the importance of this litigation, since resolution of the suit requires a determination of whether plaintiff qualifies as a tax-exempt orga...
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MEMORANDUM OPINION Plaintiff seeks both injunctive and declaratory relief thereby requesting this Court to determine that an environmental impact statement (hereinafter an EIS) must be prepared before defendant Pittsburgh Pacific Company can be granted the mineral patent to twelve twenty-acre mining claims located within the Black Hills National Forest, Lawrence County, South Dakota. Pittsburgh...
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MEMORANDUM OPINION AND ORDER This SEC action for injunctive relief came on before the court for hearing in February and March of 1978. Pursuant to stipulation of the parties, the hearing was a consolidated trial of the SEC’s motion for preliminary and permanent injunctions against defendants Stephen R. Gilliland and Timothy R. White. Permanent injunctions were previously entered against a...
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ORDER This Court issued an Opinion and Order in this matter dated October 7, 1977, and filed October 11, 1977, which Opinion is reported sub nom. Calabi v. Malloy, at 438 F.Supp. 1165 (D.Vt.1977). The plaintiffs subsequently moved that the Court alter or amend its judgment, and for rehearing. The parties, by and through their attorneys, have now reached a Stipulation with regard to this cause. Acc...
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MEMORANDUM Plaintiff, a former inmate at the Richmond City Jail, Richmond, Virginia, brings this action pro se pursuant to 42 U.S.C. § 1983, alleging racial segregation of the jail. 1 Jurisdiction is attained pursuant to 28 U.S.C. § 1343(3). Plaintiff complains that, from June 12, 1976 to August 6, 1976, he was confined in the “B” section of the jail, which he alleges is used to house onl...
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ORDER This matter came on to be heard on October 27, 1978, on defendants’ motion to dismiss. After oral argument the matter was taken under submission. Quality Marine, an Alabama corporation with its principal place of business in Mobile, Alabama, had constructed a shrimp trawler, the OPURO # 4, for the Nigerian National Shrimp Co. (hereinafter Nigerian), a foreign corporation. While the vess...
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ORDER This matter came on to be heard on November 6,1978, on motion of plaintiff, Manufacturers Hanover Leasing Corporation (hereinafter MHLC) to establish priority of claims against the M/V MISSION VIKING. After oral arguments the matter was taken under submission. On August 9, 1978, this Court adjudged that MHLC’s mortgage on the vessel M/V MISSION VIKING was entitled to the status...
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The defendants have filed motions to dismiss the indictment on the grounds that an earlier decision adverse to the government in the Tax Court bars this criminal prosecution under the doctrine of collateral estoppel. The case arises from the transactions of a profitable farming operation owned and operated by defendant Ben Abatti and *598 his brother Tony. Defendant Macklin, an acc...
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ORDER DENYING PLAINTIFFS’ MOTION TO REMAND AND GRANTING DEFENDANTS’ MOTION TO DISMISS Plaintiffs seek to recoup monies for federal taxpayers for certain federal expenditures on the so-called “Watergate” affair and from the profits Richard Milhous Nixon derived from certain books and speaking engagements based on this period of his Presidency. Plaintiffs’ claim is based on the theory that, havin...
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MEMORANDUM AND ORDER Plaintiff, the People of the State of California acting through the California Department of Transportation, filed this action requesting injunctive and declaratory relief. The complaint sought to prevent defendants, the City of South Lake Tahoe (City) and the Tahoe Regional Planning Agency (TRPA) from constructing the California segments of the so-called “loop road p...
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RULING ON MOTION TO DISMISS This is a shareholder’s derivative suit, brought by a single shareholder of United Canso Oil and Gas Ltd. (hereinafter referred to as “Canso”), a Canadian corporation. He is suing several of the directors of Canso, John W. Buckley, Priscilla L. Buckley, Benjamin W. Heath, and Albert H. Barton (hereinafter referred to as the “individual defendants”), and the Catawba Corp...
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Memorandum This is a class action brought by three charge cardholders in the Midwest Bank Card System, Inc., and its successor, the Interbank-Master Charge Bank Card System, Inc., against five Chicago banks 1 for alleged violations of sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2. The gist of the claim is that defendants conspired to fix the rate of interest charged fo...
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MEMORANDUM AND ORDER This is an action by twelve plaintiffs alleging various securities violations as well as several common law claims. The defendants are Edith Alter, an investment adviser; David Alter, her husband; Merrill Lynch, Pierce, Fenner & Smith, Inc. (“Merrill Lynch”); and James Goff, an employee of Merrill Lynch. Pending before the court are a motion by David Alter for su...
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OPINION The court has before it two consolidated cases both challenging the constitutionality of a constitutional amendment passed by the voters of the State of Michigan on November 7, 1978. Felix was filed in this court on November 20, 1978. Farrell was filed in the Circuit Court for the County of Wayne on November 27, 1978, and was removed to this court by the defe...
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463 F.Supp. 591 (1978) UNITED STATES of America, Plaintiff, v. MANSION HOUSE CENTER, etc., et al., Defendants. No. 76-20C(3). United States District Court, E. D. Missouri. December 22, 1978. *592 J. Christopher Kohn, Atty., Civil Division, U. S. Dept. of Justice, Washington, D. C., Joseph B. Moore, Asst. U. S. Atty., U. S. Dept. of Justice, Donald Flint, Area Counsel, Dept. of Housing & Urban...
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MEMORANDUM AND ORDER Petitioner, presently confined at the Missouri State Penitentiary, Jefferson City, has filed a pro se habeas corpus petition under 28 U.S.C. § 2254 challenging his 1975 state conviction for forcible rape. Unlike petitioner’s myriad other actions in this court, this petition presents only one claim for relief. Petitioner argues that Missouri’s forcible rape statute, R.S.Mo...
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MEMORANDUM NANGLE, District Judge. This matter is before the Court upon plaintiff’s motion for summary judgment against defendants Willowbrook Realty, Inc. and Remsco Management, Inc. The instant motion arises out of plaintiff’s suit seeking to protect its interest as mortgagee in an apartment and motor hotel complex. On May 29,1974, defendant Remsco Management, Inc., which was wholly-owned and co...
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This derivative action by Harry Lewis, a stockholder of Continental Oil Company (“Continental”), charges defendants, present and former directors, officers and employees of Continental, with violations of the Securities Exchange Act of 1934 (“the Act”) and with breach of fiduciary duties owed to Continental. The complaint alleges that the defendants made at least $250,000 in secret, unauthorized a...
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OPINION Plaintiff Kenneth Sauls, a former employee in defendant Bristol-Myers’ Internal Audit Department, commenced this employment discrimination action, alleging that because of his race and color he was subjected to discriminatory treatment while in the defendant’s employ, was fired on the pretense of substandard work performance, and has been denied redress by the New York State Human...
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MEMORANDUM OPINION This is a proceeding for a writ of habeas corpus by the above named petitioner who is presently incarcerated in the Oklahoma State Penitentiary at McAlester, Oklahoma. Petitioner claims that his detention, pursuant to the judgment and sentence of the District Court of Muskogee County, Oklahoma, in Case No. CRF-72-239, is unlawful. Petitioner Was convicted after trial by jury of ...
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MEMORANDUM Plaintiffs, labor organizations, filed this action on June 17,1976 seeking damages for an alleged breach of an agreement between Plaintiffs and Defendants under section 301 of the Labor Management Relations Act, 29 U.S.C. § 185. On October 13, 1977 Defendants filed an answer denying liability and also brought a three-count counterclaim against the Plaintiffs. Count I of the cou...
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MEMORANDUM OPINION This is an action by the plaintiff-Secretary of Labor to enjoin the defendant The Krystal Company (Krystal) permanently from violating the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq., by withholding from the employees of its dinner-type restaurants operated under the name, The Loft, minimum wages properly due them, and for the recovery of liquidated damages. Trial was...
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*949 OPINION AND ORDER Plaintiff brought two civil actions on October 27, 1978, for injuries that she allegedly suffered following inoculation of a vaccine used in the National Swine Flu Program. The present action was brought in this Court; jurisdiction was based upon 42 U.S.C. § 247b (the National Swine Flu Immunization Program of 1976, hereinafter the Swine Flu Act), 28 U.S.C. § 1346(b) (t...
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OPINION This case is the sequel to the Court’s decision in Craig v. Carson, 449 F.Supp. 385 (M.D.Fla.1978). Facts On the evening of February 8, 1978, plaintiff went to a nightclub in the Arlington area of Jacksonville, Florida. The nightclub is known as “The Other Place”. He parked his car, a 1963 Plymouth Belvedere, nearby. Around 1:45 o’clock A. M. (February 9), pla...
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MEMORANDUM OPINION The instant complaint is before the court on plaintiff’s motion for a preliminary injunction and defendant’s motion to dismiss or, alternatively, for summary judgment. Fed.R.Civ.P. 12, 56 & 65. Plaintiff, a student at Thornwood High School, South Holland, Illinois brings this action pursuant to 42 U.S.C. § 1983 for an injunction prohibiting defendant from interfering.wi...
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MEMORANDUM OPINION AND ORDER On July 15, 1975, plaintiffs’ petition was filed with this Court seeking treble damages for alleged discriminatory pricing and other predatory and monopolistic practices in violation of 15 U.S.C. §§ 1, et seq. On June 14, 1978, the complaint was amended to reflect, inter alia, damages in the amount of $6,895,736.70 and $38,453,469.00 for ...
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MEMORANDUM AND ORDER This matter is before the Court on the motion of the third-party defendants to dismiss the third-party complaint of the United States against them. This action was brought under the Federal Tort Claims Act, Title 28 U.S.C. Sections 1346, 2671 et seq. It is an action for medical malpractice. It appears from the complaint and from plaintiff’s answers to interrogatories that the ...
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FINDINGS OF FACT 1. On April 22, 1974, Sentry Insurance Co. (Sentry) issued a policy of insurance to plaintiff’s business, Lou Mac Printing (Lou Mac), against losses by fire and/or other causes not chargeable to the insured. 2. On the morning of August 28,1974, a fire occurred , at the premises of Lou Mac Printing, 3027 Ridgelake Drive, Metairie, La. Various contents were destroyed or damaged. 3. ...
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*870MEMORANDUM This matter came before the Court on defendant’s motion for summary judgment pursuant to F.R.Civ.P. 56(b). An understanding of the claims of the parties to this dispute may be gained by briefly reciting the events preceding the filing of suit. The pleadings on file allege that in 1972, Charles River Park “D” Company (Charles River), a Massachusetts limited partnership, entered into ...
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MEMORANDUM AND ORDER This matter is before the Court on plaintiff’s complaint seeking certain injunctive relief against the defendants. *922 The defendants had scheduled a hearing on November 30,1978 to determine if Oklahoma State University (OSU), its staff members, representatives of the University’s athletic interests, or students enrolled in its football athletic program...
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The New York Criminal Procedure Law, Section 250.10, provides that written notice of an insanity defense must be served on the prosecution and filed with the court before trial and not more than thirty days after the entry of a not guilty plea unless the court determines that the assertion of such a defense at a later time is “in the interest of justice and for good cause shown.” 1 This petitio...
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MEMORANDUM AND ORDER Plaintiffs, Donald D. Goldberg and Joseph V. Simoni, have instituted this action *873seeking a judgment of this Court declaring Section 678 of the Insurance Law of the State of New York to be unconstitutional and permanently enjoining the enforcement of the same. Section 678 mandates that the Superintendent of the Department of Insurance limit the fees “providers of health se...
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OPINION This case involves a denial of social security disability benefits. Both parties have moved pursuant to Rule 12(c), F.R. Civ.P., for a judgment on the pleadings, the plaintiff demanding that the court order an award of the requested benefits, and the government seeking dismissal of the complaint. The question presented is whether the Secretary of Health, Education and Welfare, without t...
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OPINION This civil rights complaint lists constitutional and statutory violations which allegedly occurred when plaintiff was struck in the face by Carl Hunter, a guard at the Metropolitan Correctional Center (“MCC”). Soon thereafter, plaintiff filed this action pro se against Hunter and his superiors for a declaratory judgment, damages, and equitable relief. 1 He no...
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MEMORANDUM, OPINION AND ORDER Invoking the Court’s jurisdiction under 28 U.S.C. § 1343(3) and (4), plaintiff Greater Cleveland Welfare Rights Organization instituted the present action “on behalf of its members and all persons similarly situated.” By this action, equitable relief is sought for an alleged violation of the right of privacy as secured by the United States Constitution and Se...
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MEMORANDUM AND ORDER The narrow issue presented by this action for final injunctive and declaratory relief is whether recent enactments of the Pennsylvania legislature, which preclude medical assistance payments for abortions, other than those necessary to save the life of the mother, deprive the plaintiffs of their rights under Title XIX of the Social Security Act, 42 U.S.C. § 1396, et seq. ...
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MEMORANDUM Plaintiffs in this action seek injunctive relief in connection with a fare increase which the defendant, Southeastern Pennsyl *881 vania Transportation Authority (SEPTA) has scheduled to become effective on January 1, 1979. Specifically, the plaintiffs request the following relief from this Court: (1) a declaratory judgment that certain actions of the United States...
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OPINION The plaintiff Homero Leite alleges that five Providence policemen verbally and physically abused and mistreated him. Leite brings the present action pursuant to numerous federal civil rights statutes, relying primarily upon 42 U.S.C. § 1983 and asserting a cause of action under various constitutional amendments as they are incorporated into the fourteenth amendment with jurisdiction und...
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MEMORANDUM This is an action on three promissory notes. Jurisdiction is invoked pursuant to 12 U.S.C. § 1819 and is not in dispute. The plaintiff is the Federal Deposit Insurance Corporation (FDIC) suing in its corporate capacity as liquidator of Hamilton National Bank (HNB). The case is presently before the Court on the plaintiff’s motion for summary judgment and defendant’s motion to am...
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DECISION AND ORDER This action is before me on the defendants’ motion for an award of attorney’s fees. The motion follows a jury trial in which all 16 of the defendant police officers were either dismissed on motions before verdict or were exonerated by the verdict from any liability under 42 U.S.C. § 1983 for the alleged use of excessive force in the arrest of the plaintiff in 1975. The defendant...
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ORDER This Freedom of Information Act case is now before the Court upon cross-motions for summary judgment. The plaintiffs seek an order requiring the defendants to make public raw animal test data and pharmacologists’ reviews relating to the drug cimetidine, which defendant Smith, Kline and French markets under the trade name Tagamet.. This information was collected by the federal defend...
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MEMORANDUM OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT On March 22,1972, after notice and hearing, the Judicial Panel on Multidistrict Litigation transferred six related civil actions for consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407 to the United States District Court for the Southern District of Florida. All such actions were assigned to this Court.1 Pursuant to Rule 9...
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NATURE OF THE PROCEEDINGS On October 23,1978, the plaintiffs filed a complaint to determine the reasonableness and appropriateness of two jeopardy assessments for income tax levied against them by the Internal Revenue Service on August 9, 1978. Jurisdiction of the Court was invoked pursuant to 26 U.S.C. § 7429(b). These jeopardy assessments were made by the District Director of the I...
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MEMORANDUM OPINION Motion for Summary Judgment Plaintiff brought this action to impeach an award rendered by Task Force Number Eight (the “Board”), a board of arbitration. Plaintiff is Trustee of the Property of Chi-' cago, Rock Island and Pacific Railroad Company (the “Railroad”), a “carrier” within the meaning of the Railway Labor Act. Defendant United Transportation Union (the...
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MEMORANDUM AND ORDER This case comes now before the court for determination of defendant’s motion for summary judgment. The proceeding was instituted by plaintiff against the Secretary of Health, Education and Welfare, as authorized by 42 U.S.C. § 405(g). Its purpose is to obtain judicial review of a final decision of the Secretary partially denying plaintiff’s application for disability insuranc...
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*1225ORDER DENYING MOTION TO DISMISS Defendants have moved to dismiss the Complaint herein on the grounds that each of plaintiff’s causes of action fails to state a claim upon which relief can be granted and is barred by the statute of limitations. Plaintiff (hereinafter plaintiffs) filed the instant Complaint May 11, 1967 in which it asserts one claim for fraud and another for defamation. The sui...
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OPINION The defendant moves for reconsideration of this court’s decision embodied in an opinion and order filed August 24, 1978. 456 F.Supp. 867. That decision invalidated deductions by the defendant in the pension payments made to the plaintiffs in an amount equal to the value of payments received under the New Jersey Worker’s Compensation Act, N.J.S.A. 34:15-1 et seq. Struck ...
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OPINION Plaintiff, Richard Wright, is presently incarcerated in New York’s prison facility located in Auburn, New York. He brings this action, pro se, pursuant to 42 U.S.C. § 1983 for injunctive and declaratory relief. More particularly, he alleges that he has been denied procedural due process at the hands of New York’s Corrections Commissioner and the Superintendent of the Walkill Correctional F...
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MEMORANDUM DECISION Plaintiff, Local 32B-32J, Service Employees International Union, AFL-CIO (“the Union”), brought this action by Order to Show Cause issued December 5, 1978, seeking a temporary restraining order and a preliminary injunction restraining the defendants from interfering with the Union’s peaceful picketing outside the National Airlines terminal building at J.F.K. International Ai...
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MEMORANDUM AND ORDER This is an action for a declaratory judgment pursuant to 28 U.S.C. § 2201, which defendant has moved to dismiss for failure to state a claim. The dispute arose out of a contract for the construction of an electric generating plant in Rosetón, New York. Plaintiffs Central Hudson Gas & Electric Corporation, Consolidated Edison Company of New York, and Niagara Mohawk Pow...
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MEMORANDUM ORDER Plaintiffs initiated this action seeking compensatory and punitive damages, back-pay, reinstatement and injunctive relief. They allege jurisdiction under 42 U.S.C. § 1988 and 28 U.S.C. §§ 1343(3) and (4) and 1331(a). Presently before the Court for disposition is the defendant’s motion for summary judgment on all issues raised in the complaint. In the complaint the following are...
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Fortress Re, Inc. (Fortress) brings this action under the Declaratory Judgment Act, 28 U.S.C. § 2201, seeking construction of a Certificate of Facultative Reinsurance issüed by plaintiff to defendant Jefferson Insurance Company of New York (Jefferson) for certain excess coverage of an automobile liability insurance policy issued by defendant to GI Veterans Taxicab Association, Inc., of Baltimor...
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ORDER Plaintiff brings this action seeking to recover damages for the loss it allegedly incurred due to the rupture of its natural gas line due to Defendants’ negligence. Plaintiff alleges that Defendants Muskogee Bridge Company, Incorporated (Muskogee Bridge) and South Prairie Construction Company (South Prairie) were the prime contractor and subcontractor, respectively, for the construc...
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MEMORANDUM AND ORDER Presently before the Court is the motion of defendant New Jersey Racing Commission (“Racing Commission”) to dismiss Count V of the plaintiffs’ complaint for lack of jurisdiction, pursuant to Fed.R.Civ.P. 12(b), on the grounds that the Racing Commission is immune from suit in federal court by virtue of the Eleventh Amendment to the Constitution of the United States and...
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MEMORANDUM AND ORDER This diversity action was filed by plaintiff Eugene W. Connelly (“Connelly”) against Wolf, Block, Schorr and Solis-Cohen (“Wolf, Block”) for alleged legal malpractice arising from Wolf, Block’s participation in a suit between American East India Corporation (“American”) and Ideal Shoe Company (“Ideal”). The factual background of that case is detailed in the reported d...
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OPINION The Plaintiffs in these related cases are female teachers who brought suit against the School District of the City of Erie, members of the Board of Education of Erie, and Richard Hilinski, superintendent of the Erie School District on grounds of sex discrimination. Their claims are based on Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2 which prohibits discrimination in hir...
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MEMORANDUM DECISION Marlys Vant Hul is a 30-year old white woman from Dell Rapids, South Dakota. She brought this action against the city of Dell Rapids and Gene Marcher on August 19, 1977, seeking backpay, reinstatement, and numerous items of damages, costs, and attorneys’ fees. On November 4,1977, this Court dismissed the complaint as to Gene Marcher, a former Dell Rapids mayor. On March 6, 1...
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DECISION and ORDER This matter is before me on the motion of the state of Wisconsin for reconsideration of my decision and order of August 31, 1978, denying its motion for dismissal of this action. The complaint in this action alleges that the “State of Wisconsin (Patrick J. Lucey and co-conspirators)” has deprived the plaintiff of her constitutional rights in violation of 42 U.S.C. § 1983. In my ...
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MEMORANDUM OPINION This case is before this Court for the second time. In the first trial, judgment was entered for the defendants. Plaintiff prosecuted an appeal to the United States Court of Appeals for the Tenth Circuit. The Court of Appeals remanded with specific instructions to the trial Court. See 564 F.2d 916 (10th Cir. 1977). No useful purpose would be served in restating the facts as they...
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Plaintiff, Herman Pratt, Jr. (“Pratt”), a former employee of United Air Lines, Inc. (“United”), sues United and the local lodges of the International Association of Machinists and Aerospace Workers (“Union”) with which United has a collective bargaining agreement (the “Agreement”), for back pay and restitution of his job, charging United in certain counts of the complaint 1 with viol...
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OPINION This is an action for judicial review of a decision of the Immigration and Naturalization Service denying to plaintiff Ah Kow Chan classification as an “immediate relative” of plaintiff Laurel Allen Chan with the consequence that he will not receive an immigrant visa. The case is presently before the Court on cross motions for summary judgment. I The facts in the record ...
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DECISION AND ORDER OF REVERSAL Appellant, First Hawaiian Bank, seeks relief from a stay on actions against the general partners of this chapter XII debtor. On August 3, 1977, an automatic stay issued, preventing proceedings based on individual debts of the general partners. Those partners were liable on notes signed as comakers or taken out individually for the benefit of the Debtor. Appellant co...
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RULING ON MOTIONS This matter comes before us on motions for preliminary injunction by plaintiff, Aeropres Corporation, and by intervenor, Diversified Chemicals and Propellants Company. Aeropres is a manufacturer of hydrocarbon aerosol propellants (HAPS), a product used primarily as a propellant in various aerosol cans. Diversified is a distributor and marketer of such propellants. Both parties se...
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MEMORANDUM AND ORDER I. FACTS On August 20, 1976, at approximately 8:15 p. m., Officer Theodore Mister was on duty in the Maryland Penitentiary. While dispensing medication on the fourth floor in the segregation section of “C” Dormitory, Mister was stopped by inmate Thomas who was sharing a cell in segregation with the other named plaintiff in this action, Thomas McCargo. Inmate Thomas asked ...
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MEMORANDUM OF DECISION In this diversity action removed from the Chancery Court of Attala County, Mississippi, Ivey’s Plumbing & Electric Company, Inc. (Ivey’s), a Mississippi corporation engaged in the contracting business with its offices located at Kosciusko, seeks damages in the sum of $31,926.38 plus interest and attorney fees from two defendants, Gardner-Denver Company (G-D), a Dela...
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462 F.Supp. 394 (1978) In re ARMORED CAR ANTITRUST LITIGATION.State of Maryland v. Brink's, Inc., et al., D. Maryland, C.A. No. N78-1094. No. 318. Judicial Panel on Multidistrict Litigation. December 19, 1978. Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, STANLEY A. WIEGEL, ANDREW A. CAFFREY, and ROY W. HARPER, Judges of the Panel. *395 OPINION AND ORDER PER CURIAM. ...
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*715MEMORANDUM AND ORDER This is an action brought by plaintiffs, the' Town of North Hempstead, New York, two homeowners associations, and several residents of the Village of North Hills, to enforce various obligations they claim are imposed on the defendants by virtue of federal environmental laws. Their claim arises from the downzoning by the Village defendants of various parcels of land locate...
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MEMORANDUM AND ORDER Plaintiffs American Camping Association (“ACA”) and the New Hampshire Camp Directors Association, Inc. (“NHCDA”) move, on constitutional grounds, for a preliminary injunction restraining enforcement of Article 14 of the New York State Public Health Law. Defendants oppose and move to dismiss the complaint for lack of subject matter jurisdiction and failure to state a claim. Ar...
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OPINION AND ORDER This action was instituted under the Civil Rights Act of 1871, 42 U.S.C. §§ 1983 and 1985. The plaintiff, Dr. L. Andrew Potemra, was discharged from his position as a tenured instructor in the Department of Economics at Ohio University in Athens, Ohio. The plaintiff alleges that he was deprived of rights secured by the Constitution of the United States as a proximate result of...
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ORDER Plaintiff brings this action alleging breach of contract and fraud in connection with a lease agency agreement whereby Plaintiff was granted the exclusive rights to market certain oil field electronic products in Canada. It is asserted that this Court has jurisdiction of the action pursuant to 28 U.S.C. § 1332 by reason of diversity of citizenship and amount in controversy. The matter is now...
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MEMORANDUM Plaintiff instituted this two-count action to recover certain death benefits allegedly due her from the Pennsylvania Public School Employees’ Retirement Board (the PSERB). Defendants have moved to dismiss the Complaint pursuant to Rule 12(b), F.R.Civ.P., thereby squarely presenting the question of whether this Court is without subject matter jurisdiction by virtue of the Eleventh Amendm...
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OPINION This action for damages against the United States 1 was brought by plaintiff, Catherine Bryson, as Administratrix of the estate of her son, Craig T. Toohey, a private in the United States Army killed by a fellow serviceman on September 27, 1974. The jurisdiction of this court is invoked under the general grant of jurisdiction provided in the Federal Tort Claims Act, 28 U.S.C. § 1346(b...
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OPINION In the present posture of the case at bar,1 the task of this Court is to make findings called for by the Court of Appeals, on remand. Pittsburgh Press Club v. U. S., 579 F.2d 751 (C.A.3, 1978). The findings previously made by this Court with respect to five topics specified by the Court of Appeals (see 426 F.Supp. at 555-56) were found to have been based upon inadmissible evidence, and he...
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MEMORANDUM ' This suit involves an action for money damages against various officers and employees of the Internal Revenue Service for alleged violations of Plaintiff’s constitutional rights as guaranteed by the Fourth and Fifth Amendments to the United States Constitution. Jurisdiction is based on Section 1331 of Title 28 which confers jurisdiction upon this Court for civil actions where the amou...
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DECISION and ORDER This is a products liability action in which Robert L. Klick alleges that he was injured when the framework of a mobile home collapsed during the course of his employment. Subsequent to the alleged accident, Mr. Klick received workmen’s compensation benefits from his employer’s insurance carrier, the Insurance Company of North America (INA). On July 28, 1978, Mr. Klick and his ...
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DECISION and ORDER This matter is before me on the plaintiffs’ motion for a preliminary injunction to enjoin the defendants from enforcing chapter 20, Elm Grove village ordinances, against the plaintiffs. One of the plaintiffs, Citizens for a Better Environment (CBE), is a non-profit Illinois corporation which allegedly engages in dissemination of information, educational programs, research c...
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MEMORANDUM AND ORDER This matter is before the Court on defendant Joseph Rae’s Motion to Disqualify the Office of the United States Attorney for the District of Arizona, and to Quash the Second Superseding Indictment against Mr. Rae in this case. A review of the relationship between Mr. Rae, Mr. Jon R. Cooper, and the Office of the United States Attorney is necessary for an understanding of the...
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MEMORANDUM OPINION On January 19, 1977, B. Hollis Knight Co., Inc., filed a Petition in Bankruptcy. The trustee then filed a Complaint initiating an adversary proceeding, naming as a defendant Union National Bank of Little Rock (UNB). The trustee alleged that he had come into possession of $8,919.72 representing the proceeds of a contract per*1214formed by the debtor, and that these moneys had bee...
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MEMORANDUM AND ORDER This is a show cause proceeding to enforce an SEC duces tecum subpoena requiring respondent to appear in Washington, D. C. in connection with an investigation of Textron authorized by the Commission. Respondent is a citizen of Iran residing in Paris, France, who is suspected of having knowledge concerning certain alleged payments made by Textron to foreign ...
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ORDER This cause came on before the Court on cross motions for summary judgment. Plaintiff, St. Mary’s Hospital, is a provider of Medicare services pursuant to Title XVIII of the Social Security Act, 42 U.S.C. § 1395h. Defendants, the Secretary of HEW and Blue Cross of Florida, reimburse providers of Medicare services rendered, and maintain cost reports of these disbursements. Reimburseme...
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ORDER This garnishment proceeding is based on a judgment obtained in the United States District Court for the District of South Carolina, Greenville Division. That judgment was rendered in favor of the plaintiff, Diversified Mortgage Investors (“Diversified”), against Robert N. Hatfield on November 22, 1976. On December 16, 1976, the judgment of the South Carolina District Court was regis...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter came on for trial by the Court without a jury on December 4, 1978. Following the close of plaintiff’s case, the Government moved under Federal Rule of Civil Procedure 41(b) for involuntary dismissal of the plaintiff’s action on the ground that upon the facts presented and the law the plaintiff had shown no right to relief. After consider...
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OPINION In United States v. Mars, 443 F.Supp. 774, (E.D.Mich.1978) (hereinafter “Mars”), the petitioner brought a motion to vacate his federal bank robbery conviction on the ground that the government had violated the Interstate Agreement on Detainers Act, 18 U.S.C. App. (“IAD”) in securing his conviction. I denied that motion for the reasons set forth in Mars. The petitioner appealed and on Nove...
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OPINION AND ORDER This litigation consists of six private treble damage antitrust actions brought on behalf of various classes of bakery products purchasers. . The Panel, pursuant to 28 U.S.C. § 1407, previously transferred five of these actions to the Middle District of Louisiana and, with the consent of that court, assigned them to the Honorable E. Gordon West for coordinated or consolidated pre...
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*392 OPINION AND ORDER Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, STANLEY A. WEIGEL, ANDREW A. CAFFREY, and ROY W. HARPER, Judges of the Panel. This litigation consists of four actions pending in three districts: 1 two actions in the Central District of California, 2 one action in the Northern District of Illinois, and one...
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MEMORANDUM AND ORDER FOR JUDGMENT The Court has heretofore indicated, inasmuch as the accident here occurred pri- or to the enactment of the Nevada statutes on contribution and indemnity and there being no applicable Nevada case law, that the Supreme Court of Nevada, if called upon, would follow California case law. California adopted the comparative fault doctrine in the Li case in 1975; and...
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OPINION Defendant in this diversity case moves for summary judgment, Fed.R.Civ.P. 56, on the ground that plaintiff’s action is barred by the applicable statute of limitations. Because we find that the running of the statute has been tolled by N.J.S.A. 2A:14-22, we deny the motion. Plaintiff is a New Jersey resident. Defendant is a foreign corporation, organized under the Delaware cor...
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MEMORANDUM ORDER I Plaintiff seeks redress against the United States, the Director of the National Security Agency (“NSA”), and several unknown agents of NSA for the alleged interception of plaintiff’s oral, wire, telephone and telegraph communications in violation of plaintiff’s constitutional, statutory and common law rights. Plaintiff grounds his cause of action on the First and Fourth Ame...
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OPINION Plaintiff filed the original complaint in this libel action on April 19, 1978. The complaint alleges that on September 9, 1977, defendant Rietzel sent a letter containing defamatory statements about plaintiff to the general manager of the Valley Sentinel, a newspaper with which plaintiff had sought employment. Jurisdiction is based solely on diversity of citizenship. 28 U.S.C. § 1...
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MEMORANDUM AND ORDER General Teamsters, Chauffeurs, and Helpers, Local Union No. 249 (“Local 249”) instituted this action to compel Penn Builders Supply Company (“Penn Builders”) to arbitrate a certain grievance in accordance with the terms of the parties’ collective bargaining agreement. Jurisdiction is predicated on Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185. The ...
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MEMORANDUM AND ORDER Plaintiffs in this class action employment discrimination action have filed several motions to compel discovery pursuant to Fed. *433R.Civ.P. 37. Following a conference held in chambers for the purpose of discussing the discovery disputes which have arisen, we now issue this memorandum stating our disposition of the motions. Defendant Westinghouse’s objections to plaintiffs’ ...
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OPINION Plaintiff, a female teacher of English, brought this action against defendant school district, alleging violation of Title VII of the Civil Rights Act of 1964, 78 Stat. 253, 42 U.S.C. § 2000e et seq., by reason of the. fact that a male was selected to fill a vacancy at O’Hara junior high school and plaintiff was not. 42 U.S.C. § 2000e-2(a)(l) provides that it shall...
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OPINION This is an action seeking declaratory and injunctive relief pursuant to 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201 and 2202. Jurisdiction is premised upon 28 U.S.C. §§ 1331(a) and 1343(3). Plaintiff is a Rhode Island business corporation which, prior to April 27, 1978, operated a medical clinic at 100 Highland Avenue, Providence, Rhode Island, for gynecological services, including the...
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MEMORANDUM DECISION This suit was initiated by the United States of America in an effort to recover money loaned to the defendant, Sheryl A. (Samuelson) Dold, by the First National Bank of Watertown, South Dakota. (The loan was insured by the federal government under the auspices of The Federally Insured Student Loan Program). A court trial was held on October 16, 1978. The plaintiff...
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MEMORANDUM OPINION AND ORDER The motion of the plaintiff Mr. Fleming for a protective order, Rule 26(c), Federal Rules of Civil Procedure, prohibiting the release to counsel for the defendants of his medical records hereby is OVERRULED. The defendants moved the Court for “ * * * an order requiring Bristol Memorial Hospital of Bristol, Tennessee, to produce and permit the defendants to inspect and ...
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MEMORANDUM AND ORDER Plaintiff, Suburban Beverages, Inc., has filed a motion for a preliminary injunction. Plaintiff’s complaint asserts four different causes of action based on state and federal law: 1) violation of Section 1 of the Sherman Antitrust Act; 2) violation of Wisconsin Statutes Section 133.01, which is in effect, Wisconsin Antitrust law; 3) violation of Wisconsin’s Fair Deale...
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MEMORANDUM OPINION Plaintiff Robert G. McCray, an inmate in the Alabama prison system, challenges as unconstitutional the sentencing practices followed in confining prisoners to segregation cells for disciplinary reasons. He sues under the Fourteenth Amendment of the United States Constitution and under 42 U.S.C. § 1983. He invokes the jurisdiction of this Court pursuant to 28 U.S.C. §§ 1331 an...
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*577 MEMORANDUM This case is before the Court now on defendants’ motions to dismiss the indictment as barred by the double jeopardy clause of the Fifth Amendment, because of the mistrial declared by the Court on November 27, 1978 over defendants’ objection. Based upon the following findings of fact and conclusions of law, the Court concludes that the mistrial was manifestly necessary and that...
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The widows of four men who died in an explosion brought these actions, individually and as the personal representatives of their husbands’ estates, against the Creole Petroleum Corporation (“Creole”) 1 and the Exxon Corporation (“Exxon”) 2 to recover damages for their husbands’ deaths. Both Creole and Exxon have moved to dismiss the complaints against them for lack of subj...
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OPINION Plaintiffs Bankers Trust New York Corporation (BTNYC) and BT Investment Managers (BTIM) have brought this action seeking a declaration that Florida Statutes § 660.10 and a portion of Florida Statutes § 659.141(1) contravene the United States Constitution and for an injunction restraining their enforcement. Jurisdiction, which is not contested, is founded upon 28 U.S.C. §§ 1331 and...
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MEMORANDUM OPINION AND ORDER This civil action is brought by the United States seeking to recover income taxes allegedly owed by the defendant, Jack A. Agnew, Jr. Despite repeated efforts, the plaintiff has been unable to serve process on the defendant. Plaintiff has moved for leave to take the oral deposition of Jack Agnew, Sr., the defendant’s father, for the sole purpose of ascertaining the whe...
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FINDINGS AND OPINION AND ORDER I. History and Issues This complicated litigation began with the filing of an action in Bryan County Superior Court on May 16, 1978, by George P. Tobler and Henry Ford Plantation, Inc. *790 against Yoder & Frey Auctioneers, Inc. in which plaintiffs sought to set aside the sale at foreclosure on May 2nd of a tract of 1,875 acres situ...
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ORDER STATEMENT OF THE CASE The United States instituted this suit to recover a forfeiture imposed by the Federal Communications Commission upon defendant WIYN for repeated violations of the personal attack rule, 47 C.F.R. § 73.123(a). In the trial of this case both plaintiff and defendant presented testimonial and documentary evidence. At the close of trial, the Court requested that...
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ORDER This is a proceeding on a state prisoner’s petition for a writ of habeas corpus. 28 U.S.C. § 2254. Before the court is respondent’s motion to dismiss or for summary judgment. I. On February 16, 1976, petitioner pled guilty in the Circuit Court of Cook County to burglary, armed robbery, rape, and deviate sexual assault. Pursuant to the terms of a negotiated plea agreement, to which ' the pro...
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MEMORANDUM OF DECISION Background This case is before the Court on plaintiff’s motion for determination as a class action and on cross-motions for summary judgment. In substance, the amended complaint alleges two violations of the Uniform Consumer Credit Code (the Code), which was adopted in Indiana in 1971. I.C. 24-4.5-2-101 through 24-4.5-2-605. The first of the alleg...
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RULING and ORDER While procedurally complex, the matter before us ultimately turns on the question of whether, for purposes of the removal statutes, 1 a plaintiff’s claim against an uninsured (underinsured) motorist insurer is *670 “separate and independent” 2 from claims against the alleged tortfeasors and their insurer. After resolving the procedural i...
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MEMORANDUM This matter came before the Court on petitioner Richard DeVincent’s motion to vacate sentence under 28 U.S.C.A. § 2255. DeVincent was convicted of conspiring to make, and of making, an extortionate extension of credit, i. e., “loansharking,” in violation of 18 U.S.C.A. § 892(a). DeVincent was sentenced to eight years imprisonment on May 7, 1976. Upon direct appeal, the Court of Appeals ...
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MEMORANDUM In 1975 plaintiff, the City of Boston (City), filed this action against the Secretary of the Department of Housing and Urban Development (HUD) seeking injunctive and declaratory relief against the operation of 24 C.F.R. 403.1 et seq. under which rent levels in federally subsidized and insured housing projects come within the exclusive control of HUD. The City’s motion for summary...
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467 F.Supp. 721 (1978) Barbara Jean BERRY et al., Plaintiffs, v. SCHOOL DISTRICT OF the CITY OF BENTON HARBOR et al., Defendants. No. C.A. 9. United States District Court, W. D. Michigan, S. D. December 15, 1978. *722 *723 *724 Louis R. Lucas, Elijah Noel, Jr., Ratner, Sugarmon & Lucas, Memphis, Tenn., Thomas Atkins, Roxbury, Mass., John A. Dziamba, Willimantic, Conn., Stuart J. Dunnings, Jr....
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OPINION AND ORDER Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, STANLEY A. WEIGEL, ANDREW A. CAFFREY and ROY W. HARPER, Judges of the Panel. I. BACKGROUND This litigation consists of eleven actions pending in five districts: tnree each in the Southern District of Florida and the District of Puerto Rico, two each in the Southern District of Texas and the Southern Distric...
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ORDER DISMISSING COMPLAINT The plaintiffs Albino Treho and Judy Treho are husband and wife. Albino is an American citizen of Mexican ancestry. Judy is an American citizen, a Paiute Indian. They live in a residence within the boundaries of the Walker Lake Indian Reservation. The exact status and vestiture of the title to the residence is unclear in the present record, but plaintiffs did have law...
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OPINION On June 20, 1978 defendant United States of America filed a motion: . , for an order pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure dismissing the damage claims in the Second Amended complaint with respect to informant activity for lack of subject matter jurisdiction.” The “informant activity” referred to relates to informants used by the Federal Burea...
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In May, 1972, Henry Morgan purchased a limited partnership interest in the Plaza One Development Fund, one of five limited partnerships (referred to collectively as the 1972 Programs) created by Prudential Funds, Inc. (now Prudential Group, Inc.), and offered and sold to the public by Prudential Ventures Corp., a registered broker-dealer wholly owned by Prudential Funds, Inc., in 1972. The partner...
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OPINION I. History of Case This wrongful death, survival and personal injury action arose out a vehicular collision which occurred on March 27, 1976, on Interstate Route 80, Mercer County, Pennsylvania. The complaint alleges, inter alia, that: (1) the accident was proximately caused by a certain unusual, dangerous, and unexpected traffic pattern existing in an area of roadway...
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*529OPINION RELATING TO ORDER NO. 1519 The trustees of the bankrupt Reading Company (Reading) petitioned for approval of a real estate tax settlement with one of its largest creditors. The issues before me were whether this settlement was in the best interest of the bankrupt and whether it would create unlawful consequences or undesirable precedents for other taxing authorities. This opinion will...
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MEMORANDUM OPINION Plaintiffs Mae L. Price and Marva Shaw were employed by Defendant Service Technology Corporation during the summer of 1968 and were laid off in May of 1972 due to a lack of work. Subsequently, they filed this civil action alleging that they and a similarly situated *1185class were discriminated against by Defendants because of their race, Black, under 42 U.S.C. § 2000e, et seq.,...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR DENIAL OF TEMPORARY RESTRAINING ORDER F.R.C.P. 52 Plaintiffs, and each of them, having applied to the court for issuance of a temporary restraining order, and the court having heard plaintiff’s ex parte application therefor at 10:00 a.m. on November 28, 1978, pursuant to Federal Rule of Civil Procedure 65(b) and Local Rule 3(j), and the court having h...
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MEMORANDUM OPINION By this civil action the Securities and Exchange Commission (“SEC”), alleging violations of the federal security laws, seeks both injunctive relief and disgorgement against two former officers of a now-bankrupt land development corporate complex. The SEC has alleged that the defendants did not make disclosures as mandated by Sections 13(a) and 14(a) & (e) of the Securit...
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ORDER This matter is before the court on defendant’s motions to dismiss and to strike. Granted in part and denied in part. Plaintiff, an Iowa school corporation organized under the laws of Iowa, instituted this diversity action to recover damages in excess of $10,000.00 against defendant, a Delaware corporation with its principal place of business in New York, pursuant to 28 U.S.C. § 1332. Plaint...
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Defendants Lionel Glassman, M.D., Lionel Glassman & Associates, and Zoena A. Yannakakis, M.D., have moved this court for dismissal of the instant action pursuant to Rule 12 of the Federal Rules of Civil Procedure. Defendants contend that this court has no subject matter jurisdiction over the claim and that the claim does not state a cause of action upon which a United States District Court situ...
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MEMORANDUM OPINION AND ORDER This is an appeal from the dismissal of a Chapter 12 bankruptcy proceeding in which the court is called on to interpret an ambiguity in section 517 of the Bankruptcy Act. 11 U.S.C. § 917. The United States prevailed below in its motion contending that the bankruptcy court did not have the pow *1180 er to carry out the procedures of Chapter 12 in this case because ...
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MEMORANDUM AND ORDER This matter comes before the Court on defendant’s motion for summary judgment. Argument on the motion was heard September 27, 1978. Based on the record and files in this cause and the argument and memoranda of counsel, the Court, finding no genuine issue of material fact, grants summary judgment for defendant. The facts are undisputed. In October, 1975, Lloyd L. Young execute...
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MEMORANDUM ORDER Ronald Wilson, hereinafter “petitioner,” has petitioned this court for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The basis for his petition is a challenge to the guidelines adopted and utilized by the United States Parole Commission in determining parole release, 28 C.F.R. § 2.20. He specifically claims that (1) his Fifth Amendment due process rights have been abrog...
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MEMORANDUM OF DECISION In this case we are presented with the propriety of enjoining an attachment of realty under Mississippi chancery statutory procedure, Miss.Code Ann. § 11-31 — 1, et seq., invoked in a pending state chancery court action, upon the ground that the attachment procedure contravenes the Due Process Clause of the fourteenth amendment to the United States Constitution. We ...
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MEMORANDUM This matter is before the Court upon defendant’s motion for summary judgment, and plaintiff’s motion to strike defendant’s affidavit in support of the above mentioned motion for summary judgment. The Court finds no dispute as to any material fact, and further finds that defendant is entitled to judgment. Defendant is the official court reporter wherein plaintiff was tried on the charge ...
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MEMORANDUM This matter is before the Court upon plaintiff’s motion for a preliminary injunction. Plaintiff brought this suit pursuant to 29 U.S.C. § 185 seeking injunctive and monetary relief against defendants. A hearing was held on the instant motion at which time the following facts were adduced: plaintiff Campbell “66” Express, Inc. is a corporation organized and existing pursuant to the laws ...
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*708ORDERS DENYING IN PART AND GRANTING IN PART “PLAINTIFF’S MOTION FOR PROTECTIVE ORDER AS TO CERTAIN QUESTIONS PROPOUNDED BY DEFENDANT IN CONNECTION WITH DEPOSITION UPON WRITTEN QUESTIONS TO PLAINTIFF’S PRINCIPAL TRIAL ATTORNEY” Counts II and III1 of the complaint of the plaintiff American Standard Inc. (ASI) filed in December 1973, based on alleged fraud, allege that the defendant The Bendix C...
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MEMORANDUM This matter comes before the Court upon the defendants’ motions to dismiss for lack of jurisdiction. This is a wrongful death action brought by Ardith A. Glover, the decedent’s wife, in her individual capacity, and as personal representative of the decedent’s estate. In October of 1976, Verlyn Glover, the decedent, consulted with certain physicians at the University o...
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Plaintiff Iowa State University Research Foundation, Inc. (“Iowa State”), an Iowa Corporation, brings this action for copyright infringement against defendants American Broadcasting Companies, Inc., and ABC Sports, Inc. (“ABC”), both New York corporations. 1 Iowa State alleges that ABC has infringed Iowa State’s copyright in a student-produced film about Olympic wrestler Dan Gable. By agreeme...
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*661 MEMORANDUM This is an action ,to enforce an administrative subpoena duces tecum issued by the Commodity Futures Trading Commission to the First National Bullion Corporation. Respondents contend the subpoena is defective and should not be enforced. As is set forth more fully below, respondents’ arguments are without merit, and the application to enforce the subpoena must be granted. O...
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ORDER Petitioner, a state court prisoner, brings this action pursuant to 28 U.S.C. § 2254 alleging the violation of various constitutional rights. Specifically, he contends that he was: (a) denied the effective assistance of counsel; (b) denied defense witnesses; (c) convicted on perjured evidence through the state’s witnesses; (d) not given his right to allocution; (e) not given a presentence ...
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MEMORANDUM, OPINION AND ORDER Plaintiff instituted this action for injunctive relief with the filing of its complaint on August 30,1978. The Court’s jurisdiction is premised upon Section 7402(a) of the Internal Revenue Code of 1954, 26 U.S.C. § 7402(a). Hearing of plaintiff’s motion for a preliminary injunction was, pursuant to agreement of the parties, consolidated with the hearing on the meri...
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MEMORANDUM AND ORDER Plaintiff has filed this defamation action, asserting the court’s diversity jurisdiction. Presently before the court are three defense motions. Defendant Bishop has moved to dismiss and to quash service of process on the grounds that the court lacks both subject matter jurisdiction over the action and personal jurisdiction over him, that venue is improper, and that he...
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MEMORANDUM Plaintiff, Visor Builders, Inc. (Visor) filed this diversity action on December 1, 1976. Named as defendants are Devon E. Tranter, Inc., (Tranter or the prime contractor), Mount Carmel Area School District (School District), and Aetna Casualty and Surety Company (Surety). Visor is basically seeking recovery of monies, including progress payments, reimbursements for material and...
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MEMORANDUM Plaintiff, a former employee and member of the Pennsylvania National Guard, has sued the Pennsylvania National Guard, the Adjutant General of the Pennsylvania National Guard, Major General Harry Mier, 1 and the Commonwealth of Pennsylvania, seeking backpay, benefits, and attorney’s fees, claiming that the defendants should have given him a military leave of absence at the time he v...
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OPINION In this civil suit, plaintiffs are Arthur and Frances Capetola, a married couple, and their daughter, Joan (Dawn) Capetola Robertson. 1 The parents sue individually and as the partnership, Dina Management, in which Arthur and Frances are the sole partners. The complaint seeks injunctive and monetary relief against the well-known entertainer Tony Orlando and two of his a...
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MEMORANDUM AND ORDER Taylor and Anderson Towing and Light-erage Company (“Taylor”) has moved pursuant to Federal Rule of Civil Procedure (Fed.R.Civ.P.) 37(a) for an order compelling *417Trade Oil Company, S.A., to answer Taylor’s interrogatories 9(a), 9(b) and 11(e), filed July 13, 1978. Interrogatory 9(a) reads as follows: “State whether you have consulted with any person who is not expected to ...
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*100 MEMORANDUM AND ORDER The defendant pleaded guilty on October 19,1970, to violating Title 18, United States Code, Section 659, that is, possession of goods of a value in excess of $100 stolen from a foreign shipment knowing that the goods were stolen. Pursuant to Rule 609(a)(1) of the Federal Rules of Evidence, he moves to prevent the government from impeaching his credibility by use of t...
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OPINION AND ORDER This action arises by reason of motions for return of property in accord with Rule 41(e) Fed.R.Crim.P. and for other relief on behalf of six corporations concerning documents seized on September 16,1977, in connection with a grand jury investigation, purportedly authorized by a search warrant issued on the previous day. The search warrant authorized a search o...
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ORDER ON MOTION OF DEFENDANT NEWBERRY COUNTY WATER & SEWER AUTHORITY TO DISMISS THE COMPLAINT AND CROSS-CLAIM FOR LACK OF JURISDICTION Motion of defendant Newberry County Water and Sewer Authority, (hereinafter called the Authority) to realign the parties and dismiss the cause for lack of jurisdiction, filed October 11, 1978, begs decision of this court. After review of memoranda submitted by the...
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ORDER ON DEFENDANT’S MOTION TO DISMISS AND PLAINTIFF’S MOTION FOR ENTRY OF DEFAULT By complaint filed October 5, 1978, plaintiff, appearing pro se, and a citizen of South *119Carolina, claims damages in excess of $10,-000 against defendant, a Massachusetts corporation, claiming fraud in violation of 7 U.S.C. § 6b, (A), (B) and (C)1, together with regulation 32.9 in violation of § 39-5-202, S.C.Co...
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OPINION AND ORDER This matter is before the Court on appeal from order of the Bankruptcy Judge entered on September 14, 1978, wherein the Bankruptcy Court held that certain joint debts were created by the parties pursuant to a valid agreement for the payment of alimony to the appellee and that such debts are in the nature of alimony and support and nondischargeable within the meaning of the Ban...
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DECISION AND ORDER The plaintiff has filed a notice of appeal of my decision and order of November 14, 1978, granting the plaintiff leave to proceed in forma pauperis and dismissing his action. In that decision, I construed the plaintiff’s action as both a petition for a writ of habeas corpus as well as a suit for damages. *308 Pursuant to 28 U.S.C. § 2253 and Rule 22(b), Federal Rules of A...
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JUDGMENT Plaintiffs filed their original complaint on July 19, 1972. Shortly thereafter plaintiffs moved for leave to amend their complaint and to maintain the action as a class action. On August 17, 1972, plaintiffs’ motion was granted and notice as prescribed by the Court was made pursuant to Rule 23, Fed. R.Civ.P. The litigation has been actively prosecuted by the parties and seve...
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MEMORANDUM OF DECISION AND ORDER Simply put, the genesis of this litigation lies in the complete and utter inability of several parties to spell correctly the name “Castillo.” As will develop, one Manuel de J. Castillo took title to a parcel of real property in 1971. The deed, duly recorded, referred to him as “Cattillo.” Years later, Dr. Castillo fell into tax trouble with the federal go...
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ORDER This action under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001, et seq., is before the court on defendants’ motion to dismiss. Plaintiff alleges that defendants Allen Craft and Virginia Massar have been trustees since October, 1966 for the Craft Associates Company, Inc. Profit Sharing Trust (the Plan), an employee pension benefit pla...
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MEMORANDUM AND ORDER The matter is before the Court on defendants’ motion for summary judgment. In a Memorandum and Order, November 13, 1978, the Court set the motion for oral argument. All briefs have been filed, oral argument was had November 20, 1978, and the Court is prepared to rule on the motion. For reasons stated herein, we grant defendants’ motion for summary judgment. Plaintiff, a vetera...
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*31FINDINGS OF FACT AND CONCLUSIONS OF LAW This case is brought under the Federal Tort Claims Act, 28 U.S.C.A. §§ 2671, et seq., for the death of plaintiff’s husband, Soren J. Larson. Her claim, in the amount of $25,054.79, was denied and her administrative remedy exhausted. We make the following findings and conclusions: 1. On December 9, 1972, Mr. Larson entered the lobby of the United States P...
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MEMORANDUM OPINION Before the Court are cross motions for summary judgment. The case arises out of the implementation of a Special Notice to Navigation Interests issued March 16, 1977 by the St. Louis District of the United States Army Corps of Engineers, an agency of the United States of America. The Special Notice established a locking precedence procedure at Locks and Dam No. 26 operated by an...
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OPINION Plaintiffs, Colonial Securities, Inc. (“Colonial”) and Pasquale Catizone (“Catizone”) bring this action to recover damages resulting from two transactions involving stock delivered to defendant Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) on January 21, 1977 (“the Amdahl transaction”) and on February 24, 1977 (“the Kirby transaction”). Defendant Merrill Lyn...
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DECISION This is a motion pursuant to 28 U.S.C. § 2255 for an order vacating the sentence and judgment of conviction entered on Indictment 72 Cr. 64 (MP). The United States Attorney has filed a lengthy memorandum in opposition to Brawer’s motion, and the issues raised by the motion have been fully considered by the Court. For the reasons set forth below, the motion must be denied. Pe...
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MEMORANDUM OPINION AND CERTIFICATE The defendant Mr. Walter Fletcher was convicted by a jury under count I of the indictment herein of knowingly engaging in the business of dealing in firearms during a certain period within the jurisdiction of this Court without having a federal license so to do. He was acquitted by the jury of having knowingly sold or delivered, or both, a certain firearm unlawfu...
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MEMORANDUM OPINION AND ORDER In this action for declaratory judgment Southwestern Community Action Council, Inc., a corporation organized and existing under the laws of the State of West Virginia, seeks a determination of the validity of a regulation promulgated by Defendant Community Services Administration. The regulation, OEO Instruction 6900-01, issued pursuant to 42 U.S.C. § 2796, governs ...
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*750OPINION Petitioner in the above styled civil action, who seeks federal habeas corpus relief, is presently incarcerated in the West Virginia State Penitentiary at Moundsville, West Virginia. He is serving a thirty year sentence imposed upon him by the Circuit Court of Wood County, West Virginia, following a jury finding of his guilt on a charge of armed robbery. Petitioner here raises four grou...
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OPINION Plaintiff in the above styled civil action seeks redress for certain alleged deprivations of his constitutional rights. He has set forth, in his complaint and in an amendment requested by this Court, certain allegations which he apparently believes entitle him to the relief he requests. The complete statement of allegations made by Plaintiff may be found in the complaint and amendment...
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OPINION This day the Court, having considered the petition of Colin R. Williams for leave to proceed in forma pauperis, grants such leave and the Clerk of this Court is directed to file the petition of Colin R. Williams for a writ of habeas corpus, without prepayment of fees. Petitioner in the above styled civil action, who seeks federal habeas corpus relief, is at present incarcerated in the...
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MEMORANDUM AND ORDER Defendant, MGIC Indemnity Corporation (MGIC), has filed a motion to dismiss the complaint pursuant ■ to Rule 12(b)(2) and 12(b)(6) of the Federal Rules of Civil Procedure. As grounds for this motion, this defendant alleges that MGIC is not a proper party to this action and cannot be sued directly until the liability, if any, of MGIC’s co-defendants has been determined...
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MEMORANDUM OPINION Worthen Bank & Trust Company filed a complaint objecting to the discharge of the debtor. Under Bankruptcy Rule 703, this complaint commenced an adversary proceeding. The complaint alleged four objections to discharge, based upon four separate subsections of Section 14c of the Bankruptcy Act, 11 U.S.C. Section 32(c). In addition to these four objections, which would prevent a di...
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MEMORANDUM OF DECISION AND ORDER The Communications Workers of America (“CWA”) filed this action to vacate an arbitration award in favor of respondent Pacific Telephone & Telegraph Company (“PTT”). The arbitration hearing was held earlier this year; the arbitrator issued his opinion and award on June 27, 1978, serving the parties the next day. CWA filed a petition to vacate the arbitrator’s decis...
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MEMORANDUM I. Introduction This action requires the Court to examine a transaction in which a used 1973 automobile was sold by defendant Sons Auto Center, Inc. (“Sons”) to plaintiff Gladys Lawrence, in order to determine its conformity with the requirements of two consumer protection statutes, the Truth-in-Lending Act, 15 U.S.C. 1601 et seq., and the Federal Motor Vehicle Information and Co...
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MEMORANDUM OPINION This action is before the Court on defendant Mobil Oil Corporation’s (“Mobil”) motion for a stay pending decision by the United States Patent and Trademark Office (“PTO”,) on Mobil’s application for reissue of the patent in suit. The parties have briefed and argued the motion and this Memorandum Opinion addresses their contentions. Plaintiff, Rohm and Haas Company ...
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ORDER This action for declaratory and injunctive relief arises from the defendants’ threats to discontinue water and sewer services at plaintiff’s property located at 1407 Hurst Drive in DeKalb County, Georgia, pursuant to DeKalb County Code of Ordinances § 6-2002, 1 unless and until the plaintiff pays a past-due water bill in the amount of $411.28. The unpaid water bill in question was incur...
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MEMORANDUM This matter is before the Court on defendants’ amended motion for summary judgment under Rule 56, Fed.R.Civ.P. For the reasons stated below the motion will be granted. This case is brought under 42 U.S.C. § 1983 for alleged violations of rights guaranteed to plaintiffs by the First Amendment to the United States Constitution. Plaintiff is a prisoner incarcerated in the Missouri State Pe...
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ORDER This case raises new questions regarding the role the federal courts are to play in reviewing Tahoe Regional Planning Agency (TRPA) action. 1 The plaintiffs, Lakeside Community Hospital and Careage Corporation, are private parties who wish to construct and operate a thirty-bed hospital at Incline Village, Nevada. They have sought and received approval for the project from...
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OPINION AND ORDER The law requires that anyone transporting more than $5,000.00 in cash across United States borders must first file a report with the United States Customs Service. 1 On May 23, 1978, at John F. Kennedy Airport, United States Customs agents arrested Sansao Campos Pereira after he boarded a flight bound for Rio de Janiero, Brazil. At that time, Pereira was carrying $300,-000. ...
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OPINION AND ORDER 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 (“Secretary”) denying plaintiff Henry Flores (“Flores”) disability insurance benefits. Both parties have moved for judgment on the pleadings. The Facts Flores was born in New York City in...
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This is a motion to quash a grand jury subpoena served on Lucy Clark for the purpose of giving handwriting exemplars in connection with an investigation concerning her husband. Mrs. Clark objects to the subpoena on the ground that it violates her marital privilege to refuse to testify against her husband. The rule in the federal courts is that a spouse may not testify against the other. See Ha...
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MEMORANDUM OPINION This matter is before the Court on the plaintiff’s motion for a preliminary injunction to prevent the defendant from publishing and selling a book entitled Greenberg’s Price Guide to Lionel Trains, O and 0-27 Trains, 1945-1977 (hereinafter referred to as the Guide). In this action, the plaintiff seeks several forms of relief in connection with an alleged partnership between the ...
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461 F.Supp. 656 (1978) Ignacio Gual MORALES, Petitioner, v. Pedro Hernandez VEGA, Director, Puerto Rico Aqueduct and Sewer Authority, et al., Defendants. Civ. Nos. 76-104, 76-134. United States District Court, D. Puerto Rico. December 12, 1978. *657 John L. Passalacqua, Isla Verde, P. R., Jesús Hernández Sánchez, Antonio Hernández Sánchez, Rio Piedras, P. R., for petitioner. Carlos E. Polo, Ramón...
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OPINION AND ORDER This matter came to trial and is now before the Court on the parties’ post-trial briefs. While relevant factual details are embodied throughout the Court’s opinion, the basic facts brought out at trial or through stipulation among the parties follow. At all times relevant to this matter, the plaintiff, Ramsay Scarlett & Co., Inc. (Ramsay) was engaged in the stevedor...
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MEMORANDUM AND ORDER On June 5, 1978, this Court entered an Order (dated May 31, 1978) approving an “Agreement and Stipulation” setting forth the parties’ agreement to establish constitutionally sufficient procedures for the involuntary civil commitment of the mentally ill. The Court stated at this time that the provisions of the Arkansas statutes governing this area, Ark.Stat.Ann. § 59-401, e...
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ORDER DENYING PLAINTIFFS’ CLASS CERTIFICATION MOTION This is an action alleging racial discrimination in employment in violation of Title VII and 42 U.S.C. § 1981. Plaintiffs have moved this Court to certify a class in the above-captioned action which is defined as follows: “All persons at any of defendant Restaurant Marketing Associates, Inc.’s facilities who have been denied in the past, are be...
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MEMORANDUM The plaintiffs, an individual and two religious groups, raise a First Amendment challenge to both existing and proposed exhibitions on the subject of evolution at the National Museum of Natural History (Museum) of the Smithsonian Institution. In essence, they allege that the Museum presents evolution as the only credible theory of the origin of life, thereby establishing “a religion ...
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RULING ON PENDING MOTIONS This action represents a challenge to the implementation of the defendant City of Hartford’s Affirmative Action Plan, which seeks to achieve 15 percent minority group employment on construction projects awarded by the City. Plaintiff Local Union No. 35, International Brotherhood of Electrical Workers (hereinafter the Union or Local 35) seeks declaratory and injun...
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*700MEMORANDUM OF DECISION Plaintiff, Grand Light and Supply Company, Inc. (Grand Light), is an independent distributor of electrical equipment and supplies. The defendant, Honeywell Micro Switch (Micro Switch), a division of Honeywell, Inc., manufactures and sells electrical switches. For nearly thirty years, Grand Light has been an authorized dealer of the Micro Switch product. In August of 197...
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ORDER GRANTING WRIT OF HABEAS CORPUS (CONDITIONALLY) This cause is before the Court for consideration of the petition of Geoffrey T. Duldulao for a writ of habeas corpus pursuant to 28 U.S.C. Section 2241(c)(3). Petitioner contends that he is being wrongfully detained in violation of the Youth Corrections Act, 18 U.S.C. Section 5005 et seq. and the intentions of his sentencing court. ...
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ORDER This is a products liability action arising out of the failure of a dam in DeKalb County, Alabama. Plaintiffs contend that the pipe, manufactured by the defendant, Armco Steel Corporation (“Armco”), and used by the plaintiffs in the dam, failed with the result that the dam washed out in February, 1977, for which failure plaintiffs seek compensation from the defendant. Jurisdiction is...
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ORDER This action arises out of the alleged infringement by the defendants of certain patents issued to the plaintiff. Jurisdiction is invoked pursuant to 28 U.S.C. §§ 1338 and 1400(b). Presently pending before the Court are defendants’ motions for summary judgment and to compel production of certain documents. In addition, plaintiff’s counsel has petitioned the Court for permission to pr...
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MEMORANDUM AND ORDER This case presents the issue whether establishment of a Job Corps center on the *852 former campus of Bethel College and Seminary in St. Paul constitutes a “major Federal action significantly affecting the quality of the human environment.” National Environmental Policy Act of 1969 (NEPA) § 102(2)(C), 42 U.S.C. § 4332(2)(C). If so, NEPA mandates preparati...
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MEMORANDUM AND ORDER This is a civil forfeiture action filed by the government under 21 U.S.C. §§ 841(a)(1) and 881(a)(4) (1976). Jurisdiction is based upon 28 U.S.C. §§ 1345 and 1355. The case is before the Court for final judgment on cross-motions for judgment on the pleadings filed by intervenor and the government. Because the parties have stipulated that we may rule the case on the basis of t...
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MEMORANDUM OF DECISION The plaintiff William Travis, a longshoreman, was injured on June 7, 1974 in the *504 course of employment by Great Lakes Associates, Inc. (Great Lakes), a stevedoring company, while unloading grain from the vessel James E. Ferris in the Port of Buffalo. The consignee of the grain was International Multifoods Corp. (International). International rented ...
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OPINION For the second time we are required to pass upon the constitutionality of Chapter 507, as amended by Chapter 508, of the 1974 Laws of New York (“the Statute”), which authorizes the State to reimburse private schools for the cost of performing certain state-mandated pupil testing and record keeping. The statute has its background in Levitt v. Committee for Public Education, 413 U.S. 472, 9...
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OPINION The trustee in bankruptcy appeals from an opinion and order of Bankruptcy Judge Babitt which granted the motions of the three bankrupts to dismiss the trustee’s complaints seeking to bar their discharge. . Gem Sleepwear Company was a partnership owned by two equal partners, the individual bankrupts, Leo Battino and Leo Negrin. In October of 1973, Gem obtained a loan from Chas...
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OPINION The plaintiff seeks to remand this case to the New York Supreme Court, Rockland County, from whence it was removed by the defendants. The suit is grounded on two federal statutes; there is no diversity of citizenship. For the reasons shown hereafter, the plaintiff’s motion will be denied. The plaintiff moves to remand this case for three alleged reasons. First, Congress inten...
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OPINION Plaintiff Joseph M. A. J. Dawson (“Dawson”), a resident of Jersey, Channel Islands, is suing defendants G. Malina, Inc. (“GMI”), a New York corporation, and Gerald Malina (“Malina”), a resident of New York, individually, for rescission, or alternatively, for damages for breach of warranty with respect to certain objects of Chinese art which Dawson purchased from GMI in 1974. This ...
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MEMORANDUM On November 20, 1978, I granted motions for summary judgment in favor of all the Defendants pursuant to Rule 56 of the Federal Rules of Civil Procedure. At that time I reserved the right to file a memorandum opinion and this memorandum is in compliance with that reservation. This is a personal injury action with jurisdiction of this Court based upon diversity of citizenshi...
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*474 MEMORANDUM AND ORDER Presently before the Court is the motion of third-party defendant Northern Metal Company (“Northern”) to dismiss the third-party complaint of Firestone Steel Products Company (“Firestone”) for failure to state a claim upon which relief can be granted, pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons stated below, Northern’s motion will be granted. ...
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MEMORANDUM This is an action brought under the Federal Employers’ Liability Act, 45 U.S.C. §§ 51-60, to recover damages for personal injuries allegedly sustained by plaintiff’s son while working for the defendant, which injuries allegedly led to the death of plaintiff’s son. Before the Court is defendant’s motion to transfer the action to the United States District Court for the Western D...
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MEMORANDUM AND ORDER Presently before the Court are the motions of J. Edward Lynch, M.D. (“Lynch”), Thomas F. Toomey, M.D. (“Toomey”), and Charles F. Dougherty (“Dougherty”) (collectively, “movants”) to intervene as defendants, pursuant to Fed.R.Civ.P. 24(a)(2), and of Lynch and Toomey for appointment as guardians ad litem for unborn children, pursuant to Fed.R.Civ.P. 17(c). For the reasons s...
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MEMORANDUM AND ORDER The Irving-Cloud Publishing Company (“Irving-Cloud”) brought this action against defendant Chilton Company (“Chilton”) alleging statutory trademark infringement, in violation of the Lanham Trade-Mark Act of 1946, 15 U.S.C. § 1051 et seq., and common law unfair competition. The jurisdiction of this Court is based upon 15 U.S.C. § 1121 and 28 U.S.C. §§ 1332, ...
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*870 MEMORANDUM OPINION This case presents the question of whether the release-time program of Logan City, Utah, in which its public school students have long been permitted to attend church-operated seminaries for religious instruction during regular school hours, violates the well-established guidelines developed by the Supreme Court concerning the meaning of the Establishment ...
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OPINION AND ORDER By the tests of Curtis v. Loether, 415 U.S. 189, 94 S.Ct. 1005, 39 L.Ed.2d 260 (1974), if plaintiffs were seeking actual damages from the Garza defendants, it seems clear that a jury trial would be guaranteed by the Seventh Amendment, as the Honorable Barbara B. Crabb decided in this case in her memorandum entered December 6, 1978. But at a pretrial conference before the dis...
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MEMORANDUM OPINION This case is before the Court on cross motions for summary judgment. 1 The basic issue in this case is whether regulations 2 promulgated by the defendants, which allow states to “deem” income from a non-institutionalized spouse available to an institutionalized spouse, are inconsistent with the requirements of the Medicaid statute, in particular 42...
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RULING ON MOTION TO DISMISS Plaintiffs, James McPhee and Rita McPhee, have filed suit against three defendants under the Fair Credit Reporting Act (Credit Act), 15 U.S.C. §§ 1681-1681t (1970). Jurisdiction of this Court is predicated on 15 U.S.C. § 1681p. One of the defendants, William Fowler (Fowler) moves to dismiss because the complaint fails to state a claim against him on which relie...
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OPINION On October 6, 1977, the defendant was indicted on four counts. Counts I and II charged distribution of cocaine in violation of 21 U.S.C. § 841(a)(1). Count III charged possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Count IV charged a conspiracy to possess and distribute cocaine in violation of 21 U.S.C. § 846. On February 1, 1978, after the dispos...
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MEMORANDUM On Motion for Summary Judgment This matter is before the Court on motion of defendant, Sammy Davis, Jr., for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The motion is based upon Davis’ contention that the action is barred by the applicable statute of limitations, Kentucky Revised Statutes (KRS) 292.480(3). This action arose from alleged securities irre...
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This matter is before the court on defendants’ motion for separate trial on the issue *24of seaman’s release, and plaintiff’s opposition memorandum. The court heard argument of counsel at a status conference on December 8, 1978. Having considered the oral and written arguments of counsel, the record and the law, the court rules as follows: The burden is on the party seeking to uphold a seaman’s re...
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MEMORANDUM OPINION AND ORDER REGARDING GOVERNMENT’S MOTION TO ADMIT INTO EVIDENCE SWORN WRITTEN STATEMENTS AND GRAND JURY TESTIMONY OF AN UNAVAILABLE WITNESS This case involves a ten-count Indictment arising out of an alleged international cocaine smuggling conspiracy. The Indictment, which was filed by the Grand Jury on May 16, 1978, named three Defendants: to wit, John Keith D...
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MEMORANDUM OF DECISION On March 25, 1977, plaintiffs Catherine Flora, Dorothy Westmoreland, Dorothy Copeland, Leola Gladney and Mary Herrod instituted this employment discrimination suit against defendants Calhoun County Hospital, Jimmy Moore, individually and as Hospital Administrator, Glennie Harrellson, individually and as Executive Hospital Housekeeper, and Johnnie Baker, individually...
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OPINION On November 10, 1975, while en route from Kobe, Japan to New Orleans, Louisiana, and other ports, the S.S. Eurypylus sustained an explosion and fire at sea. After unsuccessfully fighting to control the fire, the crew abandoned the vessel. On November 17, 1975, the first claim for failure to deliver cargo was filed in this Court. Following that filing, the owner of the vessel, Ta C...
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*451 ORDER This motion for summary judgment pertaining to the tricky and complex timing requirements of the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-634 (the “ADEA”), raises a refinement of an issue decided by the Court of Appeals for the Second Circuit in Reich v. Dow Badische Co., 575 F.2d 363 (2d Cir. 1978). In Reich a divided c...
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OPINION This trademark infringement case finds two large corporations complaining primarily of the other’s use of the mark RUGGER or RUGGERS (hereinafter collectively “RUGGER”) on knit sport shirts. Plaintiff, Anvil Brand, Incorporated (“Anvil”), a Delaware corporation, is doubtless better known by the name it used prior to September 23,1977, the BVD Company, Inc. Anvil is part of a congl...
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MEMORANDUM AND ORDER Motion of defendant Arnold Aronoff, to transfer the instant proceedings against him to the United States District Court for the Eastern District of Michigan, pursuant to Rule 21(b) of the Federal Rules of Criminal Procedure, is denied. Motion of defendant Edward J. Robinson, to transfer the instant proceedings against him to the United States District Court for t...
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MEMORANDUM OPINION The first of these consolidated cases, Samedan Oil Corporation v. Cotton Petroleum Corporation, CIV—75-0434-D (hereinafter referred to as “75-0434”), is an action to quiet title to an oil and gas lease covering certain restricted Indian land located in Canadian County, Oklahoma, which was in- *523 eluded in a communization agreement exe-! cuted a...
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471 F. Supp. 553 (1978) James Earl YOUNG v. James MABRY, Commissioner, Arkansas Department of Correction. No. PB-C-77-104. United States District Court, E. D. Arkansas, Pine Bluff Division. December 7, 1978. *554 Wayne Zakrzewski, Little Rock, Ark., for petitioner. Catherine Anderson, Asst. Atty. Gen., Little Rock, Ark., for respondent. MEMORANDUM OPINION ROY, District Judge. This action is befo...
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MEMORANDUM OPINION The United States brought this action for injunctive relief to compel a riparian owner to remove a dike allegedly constructed in violation of Section 10 of the Rivers and *1101 Harbors Act of 1899, 33 U.S.C. § 403. The riparian owner, Joder Cameron, erected the dike on the low lying portion of his lakefront property at Lake Harney, a rather shallow, two and...
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MEMORANDUM OPINION AND ORDER I. FACTS On March 16, 1978, the tanker Amoco Cadiz, while under tow after having lost both an anchor and its hydraulic steering mechanism, went aground and became stranded on rocks off the coast of Brittany, France. The Amoco Cadiz was enroute from the Persian Gulf to the Netherlands, laden with approximately 220,000 tons of crude oil. In rough waters, th...
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ORDER Plaintiff, an inmate of Cook County Jail, was found unfit to stand trial on November 9, 1976 in Cook County, Illinois. In the early part of January 1977, the plaintiff was taken to the Circuit Court of Cook County for a determination of his need for mental treatment and hospitalization. The defendant, Judge Collins, was the presiding judge. It is alleged that Judge Collins was aware “that i...
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MEMORANDUM OPINION We are called upon to determine the constitutionality of certain provisions of the *133 Louisiana Revised Statutes prohibiting advertising by dentists. 1 The matter has been submitted for adjudication on the record and memoranda of counsel. 2 We find LSA-R.S. 37:775(8) and (14) and LSA-R.S. 37:776(12), to the extent they relate to truthful newspaper advertisements conce...
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MEMORANDUM & ORDER This shareholders’ derivative action stems from illegal payments admittedly made by the Control Data Corporation (CDC) to foreign governments during the period of 1967 to 1976. On April 26,1978, CDC pled guilty to criminal charges brought by the United States as a result of the illegal payments, and $1,381,000.00 in criminal and civil penalties were levied against, and ...
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MEMORANDUM DECISION This is a Civil Rights action, alleging jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1343, and alleging violations of 42 U.S.C. §§ 1981, 1983, 1985(2), 1986 and 2000e and 29 U.S.C. § 623(a). The Defendants, and each of them, have moved to dismiss each of the claims pursuant to the following alleged facts: At all relevant times Plaintiff, an Hispanic woman in her...
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OPINION This is an action brought by the Federal Election Commission (FEC) charging defendants Weinsten and Winfield Manufacturing Company with violations of the Federal Election Campaign Act of 1971 (“F.E. C.A.” or “the Act”). More specifically, the complaint alleges that each defendant violated the Act as follows: Each (a) made an illegal corporate contribution, in violation of 2 U...
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MEMORANDUM AND ORDER Petitioner pro se, Malik Allah, has filed in this Court a habeas corpus petition under 28 U.S.C. § 2254 (1977). Malik Allah was indicted in Supreme Court, Queens County, for the May 13,1973 murder of Father John P. Conlin and the robbery of the Church of Saint Bonaventure. The indictment charged one count of murder, one count of felony murder and one count of first degree robb...
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OPINION AND ORDER This is a trademark action involving use of the name Daily Planet both as the title of a news publication and in connection with a myriad of consumer products. Plaintiff, D C Comics, Inc., charges that the continued use of the name Daily Planet by defendants, the Daily Planet, Inc. and its President, Jerry Powers, 1 is violative of § 43(a) of the Lanham Act, 1...
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OPINION AND ORDER The plaintiff, Rubin Kremer, instituted this pro se action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The plaintiff alleges that the defendant, Chemical Construction Corp. (“Chemico”), both discharged him and failed to rehire him because of his religion and national origin. The defendant has moved for dismissal under ...
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MEMORANDUM and ORDER Plaintiff, a not-for-profit membership corporation, seeks the issuance of a preliminary injunction preventing “defendants from taking any further action with respect to the Buffalo Light Rail Rapid Transit System 1 or from disbursing or obligating any funds to the Niagara Frontier Transportation Authority” 2 for such project. Defendants oppose th...
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OPINION AND ORDER Plaintiff Karon Business Forms, Inc. (“Karon”), is claiming from defendant Skandia Insurance Company, Ltd. (“Skandia”), $94,864.05 in damages suffered by plaintiff in a fire at plaintiff’s premises on May 12, 1977. Karon was insured with the Commonwealth Insurance Company (“Commonwealth”), presently in the midst of liquidation proceedings under Title 26, Laws of Puerto Rico Anno...
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MEMORANDUM This case, filed pursuant to the Federal Tort Claims Act, was called for trial on December 5, 1978, at 9:00 A.M. The defendants made a motion to dismiss the complaint because of the failure of the plaintiff to comply with the rules of this court, in that the names of the witnesses had not been furnished to opposing counsel ten (10) days prior to trial and no pre-trial brief had been fil...
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MEMORANDUM I. INTRODUCTION Plaintiff Riverside Park Realty Company (hereinafter referred to as Riverside) and its owners, William J. Wilson, Jr., and Tommy G. Wilson, filed this suit in the Chancery Court for Williamson County, Tennessee, to enjoin defendant Federal Deposit Insurance Corporation (hereinafter referred to as the FDIC) from foreclosing under a deed of trust on real prop...
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JUDGMENT This matter came on for trial before the Court on the 24th day of October, 1975. *24The Small Business Administration, hereinafter referred to as “S.B.A.”, an agency of the United States Government, sought judgment against Progressive Drug Company, hereinafter referred to as “Progressive”, in the amount of $101,951.66, plus interest thereon at the daily rate of $21.2107 from October 15, ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause came on for hearing before the Court, sitting without a jury, on October 3, 1977. Upon consideration of the pleadings, the evidence, the argument and briefs from counsel, the Court makes the following findings of fact and conclusions of law, in accordance with the provisions of Rule 52, Federal Rules of Civil Procedure. FINDINGS OF F...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled cause came on for trial before the undersigned sitting without a jury, Richard E. Hodge, plaintiff appeared by John R. Skoog, his counsel and defendant, United States of America appeared by Andrea Sheridan Ordin, United States Attorney, and Mason C. Lewis, Assistant United States Attorney, its counsel, and after trial and submission of ...
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MEMORANDUM OPINION AND ORDER Pursuant to the pre-trial order of May 9, 1978 trial of the above captioned case was bifurcated. The first trial which began August 21,1978 is limited to the determination of liability. The second trial which has.yet to be set will be to determine damages. Following the August trial a transcript of proceedings was prepared and extensive post-trial briefs were ...
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MEMORANDUM In this action plaintiff challenges the decision of the Board of Governors of the Federal Reserve System (Board) to dismiss him from his position as an applications analyst with the Board. The case is before the Court on the parties’ cross-motions for summary judgment. There are no issues of disputed fact. Plaintiff’s complaint raises numerous issues, but focuses its challenge on the v...
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*1075 RULINGS ON MOTIONS OF PLAINTIFF AND DEFENDANTS On July 20, 1978 Delores Coley filed her individual employment discrimination complaint against M & M Mars, Inc. (Mars) and certain named employees of that corporation. The complaint alleged violations of 42 U.S.C.A. §§ 1981, 1985(3) and 2000e et seq, as well as Ga. Code Ann. § 105-107 in that Ms. Coley was harassed ...
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MEMORANDUM OPINION This is an action for review of a final decision of the Secretary of Health, Education and Welfare which denied plaintiff’s applications for disability insurance benefits pursuant to Title II, Sections 216(i) and 223 of the Social Security Act, 42 U.S.C. § 416(i), 42 U.S.C. § 423, and for Supplemental Security Income pursuant to Title XVI of the Act, 42 U.S.C. § 1381 et seq....
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ORDER AND MEMORANDUM OPINION On Motion to Deny Class Action Certification This matter is before the Court on the motion of the defendant, Dale S. Coenen, to deny class action certification as to the second amended complaint against him. This lawsuit emerged from the demise of Daniel Boone Fried Chicken, Inc. (DBFC), a Kentucky corporation. The original complaint, filed June 23,1...
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MEMORANDUM This matter is before the Court upon a variety of motions filed by defendants herein. Plaintiff brought this suit seeking declaratory judgment that certain patents are invalid and void. Defendants are alleged to be patent holders and licensees. Plaintiff also seeks declaratory judgment with respect to trademark violations. It appears from the record herein that defendants Black & Decke...
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MEMORANDUM OPINION Plaintiff has instituted this action under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-80. Venue lies in this Court by virtue of plaintiff’s incorporation in the State of Nevada. 28 U.S.C. §§ 1346(b) & 1402(b). Plaintiff alleges that it has pursued its administrative remedies, as required by 28 U.S.C. § 2675, as amended in 1966, P.L. 89-506, 80 Stat. 306, ...
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OPINION On May 14, 1973, Arlan’s Department Stores, Inc. (“Arlan’s”) filed a petition for *1259 an arrangement under Chapter XI of the Bankruptcy Act (“Act”). By order of Bankruptcy Judge Roy Babitt, Arlan’s was permitted to continue operation of its business as a debtor in possession. Arlan’s Chapter XI petition was followed in June and July by similar petitions from 40 of t...
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OPINION This action arises as a result of a dispute between the United States government and the co-executors of the estate of Walter Roy Manny. The government is seeking a judgment for unpaid estate taxes and interest of $1,023,486.51 plus statutory additions. Defendants contend that the bulk of this amount has been paid by virtue of the tender of 3V2% United States Treasury Bonds with a face ...
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OPINION & ORDER Plaintiff, Edward S. Redington, brings this action as the trustee for the liquidation of Weis Securities, Inc., [hereinafter “Weis”], against the Hartford Accident and Indemnity Co., [hereinafter “Hartford”], seeking indemnification under a Stockholders’ Blanket Bond, [hereinafter “the bond”], issued by Hartford to Weis covering, inter alia, any loss of money or...
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OPINION This action was brought by Loria & Weinhaus, Inc. (“plaintiff”), a New York corporation, to recover commissions allegedly owed to it by H. R. Kaminsky & Sons, Inc. (“defendant”), a Georgia corporation. Defendant has moved for dismissal pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, asserting lack of personal jurisdiction, lack of venue, and failure to state a claim. This ...
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Memorandum Opinion and Order Virginia M. Rascoe (plaintiff) brings this action to challenge the decision of the Secretary of Health, Education and Welfare (HEW) which denied her application for Supplemental Security Income. Plaintiff brings this action pro se, and did not have any legal representation at any point in her administrative proceedings. *875This court has jurisdiction of the action u...
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OPINION On September 19, 1978, plaintiff instituted the instant suit seeking, inter alia preliminary injunctive relief. The complaint alleges causes of action for common law unfair competition and unfair competition based upon § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). The request for preliminary injunction was heard on October 20, 1978. The testimony having been transcribed and the part...
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MEMORANDUM Petitioner, an inmate at the United States Penitentiary at Lewisburg, Pennsylvania, instituted this habeas corpus action pursuant to 28 U.S.C. § 2241. Petitioner contests the validity of the July 19, 1977 decision of the United States Parole Commission (Commission) denying him parole. There is no dispute concerning the averments made in the habeas petition and the statements containe...
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ORDER ON MOTION OF DEFENDANT WEBB TO DISMISS FOR WANT OF PERSONAL JURISDICTION Defendant Webb moves for dismissal of this action for want of personal jurisdiction. Upon examination of the facts incident to the question, the court grants the motion. Webb’s affidavit, filed in support of the motion is uncontroverted and shows Webb has no contact with South Carolina now, or in the past. This is a div...
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MEMORANDUM AND ORDER This is a civil action wherein the plaintiff alleges that the defendant S. K. Williams Company harassed and discharged employee Dennis Slatter in retaliation for participating in an Occupational Safety & Health Act (OSHA) safety inspection and for other protective activities in violation of section 11(c) of the Occupational Safety and Health Act, 29 U.S.C. § 660(c), (...
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OPINION This is the second of a series of decisions 1 on the choice of law questions presented by this action brought by Southern Pacific Transportation Company (Southern Pacific) under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., against the United States. The issue to be resolved in this decision is the choice of law rule of Nevada. The facts ma...
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MEMORANDUM AND ORDER Plaintiff has applied to this Court for an award of attorney’s fees in the amount of $16,237.50, and costs in the amount of $130.49, pursuant to sections 706(k) and 717(d) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(k) & 16(d). Section 706(k) provides, in part, that “the court, in its discretion, may *57 allow the ...
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DECISION Following the Court of Appeals’ remand of the petition in the above case by an order entered February 18, 1977, the court has held hearings and conducted other proceedings to determine whether a mistrial was properly declared in the petitioner’s first trial. (See Court of Appeals Order, p. 5.) Also since that time the United States Supreme Court has handed down a decision on double jeopar...
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MEMORANDUM AND ORDER On March 18, 1974, the Petitioner, Garland P. Jeffers, and 12 other individuals were charged in a one-count indictment in the United States District Court for the Northern District of Indiana under Cause Number H Cr 74-56 with conspiring over a two and a half year period to distribute heroin and cocaine in violation of Title 21, United States Code, Section 846. On that date...
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ORDER This matter is before the Court on the motion1 of the defendants to dismiss this action because this Court does not have personal jurisdiction over them, or in the alternative, for a change of venue. Fed.R.Civ.P. 12(b)(2). Subject matter jurisdiction is predicated upon diversity of citizenship. 28 U.S.C. § 1382 (1976). In her complaint, plaintiff alleges that she was a paying g...
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MEMORANDUM OF OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW MEMORANDUM OPINION This cause was commenced on May 30, 1975, seeking damages for the wrongful death of Thomas A. Roland resulting from the crash of an airplane in which he was a passenger. The Government answered the complaint by denying its agents were in any way negligent and by denying that any acts of its agents caused the cra...
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ORDER This matter is before the court on the parties’ stipulation of dismissal. The stipulation is approved and the case is dismissed without prejudice. This civil rights action, seeking injunctive and declaratory relief, was brought as a class action. FRCP 41(a)(1) provides for voluntary dismissal of an action without order of court. That rule, however, also expressly subjects the dismissal to th...
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This action was filed on behalf of the Secretary of Labor on June 19, 1974. In the complaint, the Department of Labor (Department) charged the Baltimore and Ohio Railroad Company (B & O) and the Chesapeake and Ohio Railway Company (C & O) with violating Section 4 of the Age Discrimination in Employment Act of 1967, (29 U.S.C. § 621 et seq.). Counsel for both plaintiff and defendant r...
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MEMORANDUM This cause comes before the court on dual motions: defendant Sturm, Ruger’s motion for a protective order pursuant to Rule 26(c) and plaintiffs’ motion for sanctions for failure to make discovery pursuant to Rule 37. The litigation involves the accidental death of James D. Sullivan. Defendant is the manufacturer of the weapon which was involved in the shooting. The two issues for decisi...
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461 F.Supp. 613 (1978) Sharon L. BRYANT, Plaintiff, v. Robert L. THOMAS, d/b/a Thomas Auto, and Rich Lewis, Defendants. Civ. No. 77-0-257. United States District Court, D. Nebraska. December 5, 1978. *614 Jon Okun, Omaha, Neb., for plaintiff. Eugene L. Pieper, Omaha, Neb., for defendants. MEMORANDUM DENNEY, District Judge. Sharon L. Bryant has filed this suit to obtain redress for alleged violat...
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FINDINGS OF FACT and CONCLUSIONS OF LAW Plaintiff John W. Danforth Company (“Danforth”) seeks to enjoin the Veterans Administration (“VA”) and individual defendants from awarding a contract for certain boiler room construction at the VA Hospital in Buffalo, N. Y. to defendant Hamberger & Co., Inc. (“Hamberger”). Plaintiff also seeks declaratory relief, in particular an order (1) declaring...
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MEMORANDUM-DECISION AND ORDER This is an action for declaratory and injunctive relief, an accounting of profits, and treble damages for alleged trademark infringement and unfair competition. Primarily in issue are two trademarks registered by the plaintiffs, one for the term “Car-Freshner,” and the other for the shape of a pine tree. The following may be considered as the. Court’s findings...
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OPINION The plaintiff in this case, the Continental Corrugated Container Corporation, has sued the defendant for trademark infringement and unfair competition. The case was originally filed in New York State Supreme Court, but it was removed to this court pursuant to 28 U.S.C. § 1338(a) because the cause of action could have been pleaded under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a...
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MEMORANDUM DECISION Defendants Clovis McAlpin, Capital Growth Real Estate Fund, Inc., HS Equities, Inc., Bradford Trust Co., EHG Enterprises, Inc., Ariel E. Gutierrez and Enrique H. Gutierrez move to disqualify counsel for the Receiver, the law firm of Gordon Hurwitz Butowsky Baker Weitzen & Shalov (the “Gordon firm”) in this securities fraud *623 derivative suit. 1 ...
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OPINION AND ORDER Full-Sight Contact Lens Corp. (“Full-Sight”), plaintiff in this action, is a distributor of soft contact lenses in New York, New Jersey, Connecticut and Rhode Island. Full-Sight is a New York corporation with its principal office in Mount Vernon, New York. Defendant, Soft Lenses, Inc., manufactures, distributes and sells soft contact lenses under the trademark “Hydro Curve” th...
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MEMORANDUM OPINION Corporación de Mercadeo Agrícola (“CMA”) the plaintiff brings this action against Mellon Bank International (“Mellon”) alleging that Mellon unjustifiably refused to honor plaintiff’s draft drawn under Mellon’s Letter of Credit 5171. Mellon moves for summary judgment on the grounds that the documentation tendered by plaintiff did not conform to the specifications of the ...
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MEMORANDUM AND ORDER The Trustee in bankruptcy of Laverty Detective Bureau, Inc. (Laverty), commenced an adversary proceeding in the Bankruptcy Court against defendants American National Bank & Trust of New Jersey (American), assignee of Princeton American Credit Corp. (Princeton), seeking to recover an alleged preferential transfer pursuant to § 60(a) of the Bankruptcy Act, 11 U.S.C. § 96(a). Th...
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MEMORANDUM AND ORDER This is a civil action arising under the Civil Rights Act of 1866, 42 U.S.C. § 1982, and under Title VIII of the Civil Rights Act of 1968, 42 U.S.C. § 3604, also known as the Fair Housing Act. , Among the remedies sought by the Plaintiffs are injunctive relief, actual damages and punitive damages. Trial was had before the Court. The controversy in this case centers around...
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MEMORANDUM OF DECISION This private antitrust action is again before this court after appeal from less than the whole of the judgment and ultimate reversal. (See, GTE Sylvania Incorporated v. Continental T.V., Inc., 537 F.2d 980 (1976); Continental T.V., Inc. v. GTE Sylvania Incorporated, 433 U.S. 36, 97 S.Ct. 2549, 53 L.Ed.2d 568 (1977).) Plaintiff Continental T.V.,...
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461 F.Supp. 603 (1978) CELESTRON PACIFIC, Plaintiff, v. CRITERION MANUFACTURING CO., INC. and Robert Goff, Defendants. CELESTRON PACIFIC, Plaintiff, v. CRITERION MANUFACTURING CO., INC., Defendant. Civ. A. Nos. 15872, N-74-276. United States District Court, D. Connecticut. December 4, 1978. *604 F. Eugene Davis, IV, Mattern, Ware, Davis & Stoltz, Bridgeport, Conn., Ira G. Grudberg, Jacobs, Ja...
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RULING ON MOTION TO DISMISS The Housatonic River is a navigable waterway which flows southward across Connecticut and empties into Long Island Sound. The river originates in Massachusetts, where the defendant in this diversity action, General Electric Company, allegedly has deposited into its waters a toxic and durable chemical known as polychlorinated biphenyls (PCB). Plaintiffs Davidson...
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MEMORANDUM ORDER This matter comes before the Court on the motion of defendant Harold M. Vogel to dismiss the action pursuant to Rule 12(b)(2), Federal Rules of Civil Procedure, for lack of personal jurisdiction. Vogel was served in Chicago pursuant to Rule 4(e), Federal Rules of Civil Procedure, and the Kansas long arm statute, K.S.A. § 60-308(b). Plaintiff alleges in this action th...
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This case is an offshoot of another case that came before the Court earlier this year —Sun Oil Co. v. Goldstein, 453 F.Supp. 787 (D.Md.1978). That case concerned the constitutionality of a Maryland law forbidding, for a limited time, conversion of full-service gas stations to gas-only. One of the witnesses at the trial of the gas-only litigation was Morton ...
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MEMORANDUM Plaintiffs filed this suit, pursuant to 28 U.S.C. § 1332 seeking replevin, monies owing on a note, and guaranty, and monies owing for goods provided. This cause was tried to the Court sitting without a jury. After consideration of the evidence adduced, the exhibits presented, the stipulations of the parties, and being otherwise fully advised in the premises, the Court hereby makes the f...
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MEMORANDUM OF DECISION Alice Bigpond Roach, an American Indian, alleges in her second amended complaint that actions taken by the Plainview School District No. 5, the Plainview board of education, six members of that board, and the former superintendent of schools, Joel Wedergren, discriminated against her on the basis of her race, sex and national origin and that they discharged her from her e...
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MEMORANDUM This matter comes before the Court pursuant to petitioner’s application for a writ of habeas corpus. Jurisdiction exists under 28 U.S.C. § 2254 (1970). John Stanley Davis was charged in two separate informations with conspiracy to possess or attempt to possess a controlled substance with intent to deliver, on August 6, 1974, and being an habitual criminal, and with wilfully failing...
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MEMORANDUM AND ORDER Defendants, both of whom have been indicted for conspiracy to distribute heroin (Count 1) and possession with intent to distribute heroin (Count 2) in violation of 21 U.S.C. §§ 846 and 841(a)(1), have moved for suppression of all physical evidence seized on April 4, 1978, on the grounds that the arresting officers did not have a sufficient basis for an investigative stop of...
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OPINION The defendants have moved under Rule 12(b) of the Fed.R.Civ.P. to dismiss the complaint on various grounds. For the reasons given below, the motion is denied in all respects. The plaintiff is an impressario. The defendants are the U.S.S.R., its Ministry of Culture, and the State Concert Society of the U.S.S.R., “Gosconcert.” Pursuant to a cultural exchange agreement between t...
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MEMORANDUM-DECISION AND ORDER Plaintiff, Michael A. Jamison, a Captain in the United States Air Force, commenced this action on October 25,1978, by the filing of a complaint, such action seeking to restrain the defendants, John C. Stetson, Secretary of the Air Force, and the United States, from taking any action against plaintiff regarding his transfer to Loring Air Force Base, Maine. ...
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MEMORANDUM This is an action for damages brought by a lessee of a computerized accounting system manufactured and sold by the Defendant, Olivetti Corporation of America (Olivetti). Plaintiff, Diversified Environments, Inc., (Diversified) alleges that the Olivetti computer that it leased has never been made operational and that Defendant is liable for damages on theories of breach of contract, m...
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MEMORANDUM OPINION AND ORDER This is a civil action for money damages for the deprivation of the plaintiff’s civil rights, 42 U.S.C. § 1983. 28 U.S.C. § 1343(3). The complaint alleges that, on an isolated occasion, the two individual defendants, as police officers for the city of Cowan, Tennessee and acting under color of Tennessee law, used an excessive and unreasonable amount of force u...
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ORDER On November 2, 1978, by order of this court, the defendant vessel was sold by the *1054 United States Marshal at public auction. Following the sale, the Marshal’s office advised Coast Engine (the vendee) that it expected to be paid the routine poundage fee (commission), computed pursuant to 28 U.S.C. § 1921, in the amount of $7,860.32. Coast Engine takes the position that the Marshal is...
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OPINION The trustee seeks to void a security agreement under which the debtor, Wake-field, promised to pay Hawkins Equipment Co. for a backhoe. If the agreement is governed by the law of Arkansas, it is usurious and void. The Court below applied the law of Tennessee and upheld the agreement. This Court reverses. The Bankruptcy Court found the facts as follows, and they are not in dispute. On May 2...
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OPINION AND ORDER The Panel, pursuant to 28 U.S.C. § 1407, previously centralized several actions in this *674litigation in the Southern District of New York before the Honorable William C. Conner for coordinated or consolidated pretrial proceedings. In re Investors Funding Corporation of New York Securities Litigation, 437 F.Supp. 1199 (Jud.Pan.Mult.Lit.1977) (MDL-290 actions). The MDL-290 action...
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OPINION AND ORDER This litigation consists of eleven actions pending in three districts: nine in the Western District of Louisiana and one each in the Eastern District of Louisiana and the Eastern District of Texas. The actions arose from a helicopter crash on an oil production platform near Marsh Island, Louisiana, in the Gulf of Mexico on December 8, 1977. Seventeen persons were killed and two ...
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OPINION In this case of first impression, the Court is called upon to decide, among other issues, a question raised but unanswered by the Seventh. Circuit, i. e., whether . . . “[t]he Federal Arbitration Act denied federal courts'the discretionary power to decline to exercise jurisdiction because of a pending state proceeding.” Bio-Analytical Services, Inc. v. Edgewa...
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OPINION Plaintiff Canadian Javelin Limited (“Javelin”), is a Canadian corporation registered with the Securities and Exchange Commission (the “SEC”) pursuant to Section 12 of the Securities Exchange Act (the “Exchange Act”), 15 U.S.C. § 78/. Javelin’s shares have been traded on the American Stock Exchange, but are currently under suspension. Javelin commenced this action by filing a five-...
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DECISION AND ORDER The instant matter concerns certain Louisiana plaintiffs’ motions to remand their respective cases to New Orleans for the trial of damages. It also involves Eastern Airlines’ motion for a certification of the order entered in accordance with the jury’s finding of negligence for appeal to the Second Circuit Court of Appeals pursuant to 28 U.S.C. § 1292(b) (1976) or, in t...
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ORDER Alwood Warren, a North Carolina state court prisoner, entered a plea of guilty to a charge of armed robbery on June 23, 1975, in the New Hanover County Superior Court. Upon this plea, Judge Joshua S. James sentenced him to a term of twelve to fifteen years. His attorney at that time, Mr. Jay Hockenbury, was privately retained. No appeal was taken therefrom, but on July 18, 1977, petitione...
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This is an appeal by the law firm of Bloodworth, Smith & Biscone (Appellant) from an Order of the Bankruptcy Court discharging a $1,500.00 attorney fee awarded by the Oklahoma County District Court to Appellant as the attorneys for the Appel-lee’s former wife in a divorce proceeding. The Court has jurisdiction of this action pursuant to 11 U.S.C. § 67(c). This appeal is taken in conformity with...
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ORDER Upon consideration of Plaintiff’s Motion For New Trial with supporting Brief and Defendant’s Brief in opposition to said Motion, the Court finds, in its discretion, that Plaintiff’s Motion For New Trial should be overruled. Plaintiff Wanda Sharp was a passenger in a car driven by Cindy Yocum. The Yo-cum car collided with a car driven by Defendant Hall. Plaintiff Wanda Sharp settled her ...
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MEMORANDUM OPINION Plaintiff has filed this civil action under 42 U.S.C. § 405(g) asking the Court to re*597view an adverse decision of the Secretary of Health, Education and Welfare. The Secretary’s decision denied Plaintiff benefits under the Federal Old-Age, Survivors, and Disability Insurance subchapter of the Social Security Act, 42 U.S.C. § 401 et seq. The Court finds that Plaintiff did file...
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Plaintiffs, the Trustee of the Property of United New Jersey Railroad and Canal Company (UNJ) and the Penn Central Trustees (hereinafter, collectively, Trustees) 1 filed this action against USRA and Black River & Western Corporation (Black River) to obtain correction of a conveyance document (UNJ-BRW-RP-1) which trans*1262ferred to Black River (a profitable railroad) not only slightly over two mil...
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MEMORANDUM OPINION AND ORDER The plaintiff in this action, Richard A. Stein, is a private developer under contract with the Department of Housing and Urban Development (“HUD”) to participate in the federal government’s program of subsidized rental housing. The complaint alleges that the plaintiff has received approval from HUD and the Illinois Housing Development Authority (“IHDA”) for th...
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OPINION After a trial by this court on the issue of liability in the above entitled action, the defendant, the United States, was held liable for the wrongful deaths of Dr. James L. Chute and Mr. Harlan L. Matthews, guest passengers on the yacht, the AD LIB II, which sank on September 30, 1971 in Nantucket Sound when it struck the wreck of a Navy ship, the PC1203. 1 The plainti...
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*1215 MEMORANDUM Richard Joseph Gagne was convicted of murder in the second degree on February 20,1973 1 and is now serving a life sentence in a Massachusetts correctional facility. Relying on Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975) (“Mullaney”), which was given full retroactive effect in Hankerson v. North Carolina, 432 U.S. 233, 97 S.Ct. 2339, 53 L.E...
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MEMORANDUM and ORDER Before HEANEY, Circuit Judge, DEV-ITT, Chief District Judge, and LORD, District Judge. This declaratory judgment action is brought by two medical doctors, as class representatives, against the Minnesota Attorney General and two Minnesota County Attorneys to determine the constitutionality of a 1976 Minnesota law regulating abortions. This Memorandum and Order is in response to...
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MEMORANDUM OF DECISION This action arises under 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 Rule 10b — 5, promulgated thereunder, (17 C.F.R. § 240.10b-5). The jurisdiction of this court is invoked pursuant to the provisions of 15 U.S.C. §§ 77v and 78aa and of 28 U.S.C. § 1337. Plaintiffs also invoke pendent j...
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OPINION AND ORDER The Panel, pursuant' to 28 U.S.C. § 1407, previously centralized several actions in this litigation in the Southern District of New York for coordinated or consolidated pretrial proceedings before the Honorable Robert J. Ward. In re Air Crash Disaster at Tenerife, Canary Islands on March 27, 1977, 435 F.Supp. 927 (Jud.Pan.Mult.Lit. 1977). These actions arose from a March 27, 1977...
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DECISION AND OPINION An examination of the papers in this case leads me to the following conclusions, and the following is, accordingly, my decision on the application for an injunction. Plaintiffs, sixty-one owners and operators of private proprietary homes for adults, seek a judgment or order, (1), declaring that New York’s Social Services Law Section 461-b.5.(a) is unconstitutional and, (2...
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*579 OPINION Plaintiffs move ■ for partial summary-judgment in this class action 1 alleging violations of their constitutional rights through defendants’ policy of prorating public assistance grants when an individual who has' no legal obligation to support a family receiving Aid to Families With Dependent Children (“AFDC”), and who receives non-welfare income sufficient to meet his or her ...
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Pro se petitioner Justo Guerrero pleaded guilty on September 27, 1976 to the charge of criminal sale of a controlled substance in the second degree and was convicted upon his plea in the Supreme Court, Bronx County. He was sentenced to a term of imprisonment of six years to life. The Appellate Division, First Department, affirmed the judgment of conviction without opinion on November 1, 1977, a...
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OPINION Plaintiffs Republican National Committee (“RNC”), the Ripon Society of New York, Inc. (“Ripon Society”), Paul C. Cardamone and John A. Schmid have brought this action for declaratory and injunctive relief. Plaintiffs challenge those portions of federal law which condition the receipt of federal campaign funds by presidential candidates upon compliance with campaign expenditure lim...
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MEMORANDUM AND ORDER In this plenary action, Winthrop J. Allegaert, trustee in bankruptcy of duPont Walston Incorporated (“Walston”) alleges that through a series of fraudulent transactions beginning in July 1973, the various defendants brought about Walston’s insolvency by causing Walston’s assets to be transferred to defendant duPont Glore Forgan Incorporated and others, and causing duP...
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TABLE OF CONTENTS PAGE I. INTRODUCTION 335 II. FINDINGS 339 A. The Hiring System 339 B. The Philadelphia Plan 342 C. The Benjamin Franklin Programs I and II 345 D. Procedural History 347 E. The Delays and Contempt Issues Involving Abraham Freedman, Esquire 348 F. The Named Plaintiffs as of Certification 350 G. Statistical Evidence 350 1. Membership Disparities 351 2. Discrimination in Entry 352 3....
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MEMORANDUM Plaintiff, Samuel G. Brechbill, Jr., brought a class action in the Court of Common Pleas of Allegheny County, Pennsylvania, against defendant, Diners Club, Inc. (“Diners”), claiming that Diners improperly collected from each of its cardholders annual membership fees of $25.00 in violation of Pennsylvania’s debt pooling statute, 18 Pa. C.S.A. § 7312. The class was defined as all Pennsyl...
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MEMORANDUM INTRODUCTION Plaintiff, Chinetti-Garthwaite Imports, Inc. (CGI), is the importer and distributor for Ferrari automobiles in the eastern part of the United States. Defendant, Ferrari Societa Per Azioni Esercizio Fabbriche Automobili E Corse (Ferrari), is the manufacturer of Ferrari automobiles. CGI alleges that Ferrari violated the Automobile Dealers’ Day in Court Act, 15 U...
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MEMORANDUM OPINION The court is faced after a nonjury trial upon the merits with resolution of another facet of the ever recurrent contest between the government and the taxpayers with respect to long term or short term capital gains. The suit is concerned with the question of sale of land for a shopping center known as Eastland Shopping Center developed by the husband plaintiff William F...
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ORDER ON MOTION TO SET BAIL PENDING APPEAL Defendant’s motion to set bail pending his appeal from conviction by a jury, on April 18, 1978, on all three counts of an Indictment, previously lodged with the court on February 14, 1978, charging him with three violations of the gun laws. A basis for his prosecution appears to be the fact that in April of 1971 he had been convicted of Interstat...
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ORDER GRANTING DEFENDANT’S MOTION TO DISMISS Plaintiff Henry Hawkins, Jr. filed a charge of discriminatory terms and conditions of employment against defendant International Harvester with the Equal Employment Opportunity Commission. Upon investigation, the EEOC declined to pursue the charge to litigation, but granted plaintiff’s request for a right to sue under Title VII of the Civil Rig...
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ORDER Came on for consideration the appeal of the Securities and Exchange Commission, hereinafter referred to as “the S.E.C.” or “the Commission”, from the bankruptcy court’s order of May 18, 1978, which denied the Commission’s motion to intervene in the Chapter XI proceedings of Commonwealth Oil Refining Company, hereinafter referred to as “CORCO”. Tesoro Petroleum Corporation, hereinafter “Teso...
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MEMORANDUM OF DECISION At three o’clock on the morning of October 3, 1976, a Barre, Vermont, patrolman noticed a pickup truck traveling down a Barre street' without a functioning right rear taillight. The patrolman stopped the truck to inform the driver that the light was defective. When the driver appeared surprised at this information, the patrolman asked him to step out to see for himself. A...
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RULING ON MOTIONS TO DISMISS This case arises from the involvement of a regulated telephone utility monopoly in the business terminal equipment market made competitive as the result of the Carterfone 1 decision of the Federal Communications Commission (“FCC” or “the Commission”). Plaintiff Northeastern Telephone Company (“Northeastern”) sells telephone terminal equ...
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MEMORANDUM AND ORDER This is a personal injury action by a longshoreman against a vessel owner under the 1972 Amendments to the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C.A. Section 901, et seq. Plaintiff Enos Johnson claims injury as the result of an accident which occurred in the course of loading operations aboard the vessel MORMACVEGA owned by the defendant Moore-Mc...
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MEMORANDUM OPINION This matter is before the Court on motions for summary judgment brought pursuant to Rule 56 of the Federal Rules of Civil Procedure by defendants Automobile Transport, Inc., (ATI), International Brotherhood of Teamsters and Teamsters Local 299 (the Union). In their answer to defendants’ motions, plaintiffs have consented to the motion of defendant International Brotherh...
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*167 MEMORANDUM OPINION On July 31, 1978, the plaintiff, Ervin Johnson, Jr. filed a supplemental complaint against the Southwest Detroit Community Health Services, Inc. and the members of its executive board and personnel committee. 1 The complaint alleges that on February 27,1975, the plaintiff and Southwest, a private non-profit corporation, entered into a contract whereby the plaintiff a...
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MEMORANDUM This matter is before the Court upon defendant’s motion to dismiss. In response, plaintiff has filed what is entitled a “Motion to Substantiate Lawsuit With in the Federal Jurisdiction of Racial Discrimination Act. Under the Fourteenth Amendment”. The Court treats the same as a memorandum in opposition to defendant’s motion. Plaintiff filed this suit pro se seeking damages of $4,000,000...
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469 F.Supp. 773 (1978) Lori PATON, a minor under 18, suing by her father, Arthur Paton, Plaintiff, v. J. Wallace LA PRADE, Special Agent in Charge, Federal Bureau of Investigation, Newark, New Jersey, John Patrick Devlin, Peter McDede, Jr., John Hugh Bryan, Agents for the Federal Bureau of Investigation, and Clarence M. Kelley, the Director of the Federal Bureau of Investigation, Postmaster Gener...
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MEMORANDUM Defendant Ameron, Inc. (“Ameron”) presently moves pursuant to S.D.N.Y. General Rule 9(m) for reargument of its'motion to dismiss the complaint, which was denied in part by the court on August 3, 1978. After having reconsidered all of the issues raised herein and after having weighed all of the parties’ contentions, the court finds no reason for overturning its decision. On...
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MEMORANDUM AND ORDER Defendant Charles Brown, a plumber by trade, is charged in this single-count indictment with possession of unregistered explosive devices or “pipe bombs.” After a trial, which ended with the jury deadlocked seven to five for acquittal, Brown moved for a judgment of acquittal pursuant to Rule 29(c), Fed.R.Cr.P. Upon oral argument on that motion, we asked counsel to submit br...
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OPINION This litigation consists of two actions which, by order of the Judicial Panel on Multidistrict Litigation, have been assigned to this court for coordinated pretrial proceedings pursuant to 28 U.S.C. § 1407. In re Haven Industries, Inc., MDL Docket No. 246 (J.P.M.L. June 9, 1976). The action captioned as Lemmelin v. Haven Industries, Inc., 76 Civ. 2626 (LPG) w...
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MEMORANDUM AND ORDER This is a suit alleging fraudulent conduct by the defendants in violation of Section *58910(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j, and Rule 10(b)5, 17 C.F.R. § 240.10b-5 promulgated thereunder. The plaintiff also alleges breach of fiduciary duties by the defendants under state law. The defendants, Peat, Marwick & Mitchell and S. Hayward Wills have moved t...
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ORDER ON DEFENDANTS’ MOTION TO DISMISS FOR WANT OF JURISDICTIONAL AMOUNT 1 Defendants’ motion to dismiss for want of the amount in controversy, puts the initial question of whether this court has jurisdiction which demands decision as to whether or not the matter in controversy, in the present posture of the case, exceeds the sum and value of $10,000, excluding the interest and cost. This is a su...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Before the court for decision is defendant’s Motion for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Counsel for both defendant and plaintiff appeared before this court on October 19,1978, and presented oral argument as to whether the motion should be granted. Having read all pleadings, depositions, answers to...
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MEMORANDUM ORDER AND OPINION Nature of the Case Before the opening of the Dallas-Fort Worth Regional Airport in 1974, the cities of Dallas and Fort Worth, as owners of the airport, established by contract the D/FW Surtran System for the purpose of providing ground transportation for the airport. The system, apparently a joint venture, then implemented its responsibility to provid...
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MEMORANDUM AND ORDER On 26 October plaintiff filed a motion pursuant to 42 U.S.C. § 1988 for counsel fees and costs in this action. The parties have filed briefs in support and in opposition on the assumption that § 1988 is applicable to the action sub judice. The Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C. § 1988, was enacted in reaction to Alyeska Pipeline Service Co. v. W...
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MEMORANDUM OPINION Plaintiffs are seeking injunctive relief and a determination of the mineral title of a certain section of land located in Uinta County, Wyoming. The land in question is part of the “checkerboard” land grants of the U.S. government to the Union Pacific Railroad in the mid 1800’s. The essential question to be resolved is the ownership of the oil, gas and associated liquid...
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OPINION The question presently before this court is whether federal or state law provides the rule of decision governing the application of contributory or comparative negligence standards to this action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq. The factual background in which the question arises can be stated briefly. On April 28,1973,18 DODX boxcar...
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MEMORANDUM OPINION AND ORDER This is an action brought by the United States under 28 U.S.C. § 2201 to obtain a declaratory judgment that taxes assessed and levied under the authority of a Colorado Statute upon real and personal property located at a facility known as the Rocky Flats Plant in Jefferson County, Colorado, infringe upon the immunity of the United States from state and local taxation ...
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Plaquemines Oil Sales Corporation, hereafter referred to as POS, filed this petition for review under the Administrative Procedure Act, specifically 5 U.S.C. § 702, seeking to set aside an order by the Federal Energy Administration1 directing POS to refund approximately $345,000 to various purchasers of fuel. POS is a distributor of fuel oil, buying from producers and selling to retailers and cons...
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MEMORANDUM AND ORDER Plaintiffs, Preferred Electric & Wire Corp. (“Preferred”) and Replacement Parts Sales Corp. (“Replacement”), commenced this action for damages in November of 1977 in the Kings County Supreme Court and it was thereafter removed by the defendants to this Court. Defendants then moved to dismiss the action for want of personal jurisdiction renoticing such motion for a hea...
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DECISION Defendant, Kiley, the District Director of Immigration and Naturalization Service (“Service”) moves pursuant to Rule 56, Fed.R.Civ.P., for summary judgment in his favor dismissing the complaint. For the reasons shown hereafter, the motion will be granted. Plaintiffs sue for a declaratory judgment and for a review of an administrative determination involving an immigrant visa petition and ...
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MEMORANDUM OPINION This case is before us on Motions to Dismiss of the Defendant under Rule 12(b) of the Federal Rules of Civil Procedure and a Motion for Summary Judgment of the Plaintiffs under Rule 56 of the Federal Rules. This civil rights complaint was brought by a teacher and her union after *1191she was denied the use of her accumulated sick leave when she temporarily left her employment on...
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MEMORANDUM OPINION AND ORDER This is a securities fraud class action brought by certain stockholders of Uniroyal, Inc. against Uniroyal and its accountants, Haskins & Sells.1 Uniroyal has refused to answer certain interrogatories propounded by the plaintiff, claiming that the materials sought are irrelevant, privileged under both the attorney-client and work product doctrines, and that compliance...
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ORDER The State of Alaska, a non-party to the above suit, filed a motion for order allowing inspection and copying of discovery material previously held under seal by stipulation. The motion was filed on November 2, 1978 and simultaneously mailed to plaintiff’s attorney, Charles Cole. Mr. Cole now asks that this court rule that its entry of order on November 22, 1978, granting the state’s motion, ...
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MEMORANDUM AND ORDER THIS CAUSE comes before the court on the State of Alaska’s motion for a preliminary injunction enjoining the defendants from closing the comment period on a draft environmental supplement issued October 25,1978, by the Department of the Interior. The draft supplement considers several alternative administrative actions proposed for classification of Alaska’s “National...
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MEMORANDUM OPINION This cause is before the court on a number of defense motions which seek, alternatively or cumulatively, to compel the joinder of an additional party plaintiff, to dismiss the complaint and amended complaint, and to grant summary judgment. The court heard argument on the motions on October 18, 1978, and rendered oral rulings from the bench disposing of each motion. This...
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I. THE FACTS On January 17, 1978, Jet Line Services, Inc. (“Jet Line”) intervened in a pending in rem action before this Court, Promet ilia *1167 riñe Services Gorp. v. ELRAKWA, Civil No. Y-78-62, to recover $11,283.29 for services rendered from October 8 to October 10, 1977 in connection with the cleanup of an oil spill from the M/V ELRAKWA. Also,...
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MEMORANDUM AND ORDER DISMISSING CAUSE UNDER 28 U.S.C. § 1915(d) Under the provisions of Section 636, Title 28, United States Code, and in accordance with the provisions of the Special Order of the Court en banc of December 22, 1976, and Local Rule 26 of this Court, the above-styled civil rights action was referred to the United States magistrate for the hearing and determining of all pretrial and...
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OPINION Third-party defendants’ demand for a jury trial is granted. Plaintiff’s request for an advisory jury in a Federal Tort Claims Act case is denied. Plaintiff claims that the defendant United States negligently burned its warehouse. The United States denies negligence, but in a third-party complaint alleges that the third-party defendants breached a warranty in the sale of a truck and were gu...
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MEMORANDUM OPINION & ORDER This is an action by a longshoreman against a shipowner to recover damages for personal injuries sustained while plaintiff was loading cargo aboard defendant’s vessel. The accident occurred on December 15, 1975; thus plaintiff’s claim is governed by the Longshoremen’s and Harbor Workers’ Compensation Act (the Act), 33 U.S.C. § 901 et seq., as amended ...
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MEMORANDUM DECISION AND ORDER This is an action brought by the United States pursuant to 33 U.S.C. § 406 seeking an order directing defendants to remove two six-foot-high chain link fences which are said to be obstructing public access along the foreshore of property along Manhasset Bay owned by the defendant Town and leased by it to the defendant Kane. An injunction is also sought to res...
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MEMORANDUM Plaintiff, Nash County Board of Education (Nash County), a body politic created by the legislature of the State of North Carolina, brings this federal antitrust action seeking treble damages against nine defendant dairy companies that sell milk, ice cream, and cottage cheese to public schools in North Carolina. Plaintiff brings this action as a class action pursuant to Rule 23 ...
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ORDER Plaintiff herein was formerly employed by the defendant. She alleges that the defendant wrongfully terminated her employment, and in part seeks to recover therefor under the Age Discrimination in Employment Act of 1967, as amended (ADEA), 29 U.S.C. §§ 621, et seq. Now before the Court is the defendant’s Motion to Strike plaintiff’s prayer under ADEA for punitive damages, ...
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MEMORANDUM Plaintiff brings this action based on a federal claim arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. and a-state claim arising under the Uniform Residential Landlord and Tenant Act, Tenn. Code Ann. §§ 64-2801 et seq. Plaintiff originally filed this action in state court. The defendant subsequently removed the case to this Court. Before...
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MEMORANDUM OPINION This is an action brought pursuant to § 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185 to require defendant to comply with the award of an impartial arbitrator. A trial on the merits was held before the court on August 28, 1978 at which time the court announced its findings of fact. Judgment was not entered at that time to permit the parties to submi...
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MEMORANDUM OPINION Petitioner, Joseph Franklin Edwards, Sr., was convicted in the Circuit Court of Franklin County on December 9, 1968, of breaking and entering and possession of a sawed-off shotgun. He was sentenced to the Virginia State Penitentiary for twenty years with twelve suspended and a five-year sentence to run concurrently with the first. On April 7, 1973, the petitioner escaped from...
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OPINION Introduction This memorandum constitutes the court’s findings of fact and conclusions of law after trial of this action challenging the practices of defendant Local 122, Sheet Metal Workers International Association (Local 122), which practices first the United States At *394 torney General 3 and then the Equal Employment Opportunity Commission (EE...
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MEMORANDUM AND ORDER The named plaintiff in this employment discrimination case, Bobby M. Linder, seeks to bring an action on behalf of a class of all black persons who have been, are, or will be adversely affected by defendant Litton Systems’ allegedly unlawful employment practices. These policies and practices are alleged to include recruitment, hiring, educational requirements, promotions, ter...
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OPINION This case was brought to test the constitutionality of the Minority Business Enterprise (MBE) requirement of the Public Works Employment Act of 1977, Section 103(f)(2) of Pub.L. No. 95-28, 91 Stat. 116, 42 U.S.C. § 6705(f)(2), which provides: Except to the extent that the Secretary determines otherwise, no grant shall be made under this chapter for any local public works proj...
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OPINION This is a motion by petitioner to reargue the denial of a motion for reduction of sentence and for an order reducing his sentence. The petitioner, Joseph La Cosa, was convicted together with others upon a jury verdict, after a one-month trial presided over by former District Judge Harold Tyler, Jr., of distribution of heroin, conspiracy to *1174do so and a continuing criminal enterprise in...
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MEMORANDUM AND ORDER This is a patent case which is before us on the motion for summary judgment of defendant American Telephone & Telegraph Company (AT&T). AT&T’s motion is based upon its contention that a prior adjudication in another lawsuit operates as a matter of law to preclude plaintiffs Edward Molinaro and Anthony Catanzaro from asserting their claims in this action. We agree with...
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PRELIMINARY INJUNCTION Pursuant to and in conformity with the Findings of Fact and Conclusions of Law entered contemporaneously herewith, it is ORDERED that defendants and their agents be, and the same hereby are ENJOINED, pending a final determination of the merits, from using any materials from the catalogs of Traditional Living, Inc., or any of its subsidiaries or licensees, or any represe...
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MEMORANDUM OPINION This is a suit in equity by Equifax, Inc., in the nature of interpleader. The principal question is the distribution among various claimants of the fund for which the plaintiff made bond when it instituted suit. The case is before the Court on pleadings and briefs amounting in substance to motions for summary judgment by all parties. On December 10, 1976, A. D. Lus...
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MEMORANDUM OPINION The Court now has before it two petitions for attorneys’ fees to be paid from the $7,930,000 fund created for the settlement of the claims of the plaintiff class composed of wholesale and retail druggists and nongovernmental hospitals in this litigation (the WRPH class). The first petition is that of the Committee of Counsel for the settling class (WRPH attorneys); the second i...
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ORDER Presently pending before the court is a motion by the plaintiff for an order finding the defendant in contempt of court for violating a permanent injunction and final judgment entered by the court on November 15, 1975. The resolution of this motion requires a detailed examination of the history of this case. On November 11, 1974, the plaintiff initiated this patent infringement action, claim...
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This declaratory judgment action is brought by the Insurance Company of North America (INA) seeking an adjudication that it is not obligated under a home owner’s liability policy to defend further or pay any judgment against John C. Waldroup in a pending wrongful death action in the Superior Court of Madison County, Georgia. INA alleges that Waldroup failed to give notice “as soon as practicabl...
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ORDER Before the Court are defendants’ report and proposals, plaintiffs’ objections thereto and defendants’ motion for reconsideration. On April 19, 1978, this Court found that the procedure for placement in the Control Unit at the United States Penitentiary, Marion, Illinois, and certain conditions of confinement therein were in violation of plaintiffs’ constitutional rights. In order to imp...
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MEMORANDUM AND ORDER This action is presently before the court on cross-motions of the parties for summary judgment. Plaintiff brought the action pursuant to 42 U.S.C. § 405(g) and 5 U.S.C. § 706 to review an adverse decision of the Secretary of Health, Education, and Welfare as to Stewart’s administrative claim for disability social security benefits. In this case we are not faced with the usual ...
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MEMORANDUM OF DECISION The action sub judice having been submitted to the court, sitting without a jury, and the court now having considered the evidence introduced and the entire proceedings in this action, does hereby adopt findings of fact and conclusions of law as required by Rule 52(a), Fed.R.Civ.P. *41 FINDINGS OF FACT A. Leon Williams’ Individual Discharge....
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460 F.Supp. 1166 (1978) FRANCIS CHEVROLET COMPANY, Plaintiff, v. GENERAL MOTORS CORPORATION, Defendant. No. 77-706C(3). United States District Court, E. D. Missouri, E. D. November 22, 1978. *1167 Edward P. McSweeney, Padberg, McSweeney & Slater, St. Louis, Mo., for plaintiff. James E. McDaniel, Barnard & Baer, St. Louis, Mo., for defendant. MEMORANDUM NANGLE, District Judge. This matter...
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With the damages trial of this matter, held on May 2, 1978, the long and tortuous path of this litigation wends closer to a final resolution. PROCEDURAL BACKGROUND This action was begun nearly seventeen years ago on October 10, 1961, when William SaMarion filed with this court a handwritten, pro se civil rights complaint under 42 U.S.C. § 1983 in which he alleged that he an...
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OPINION Bennett Levin, Bennett Levin & Associates and Powerdyne Corporation, creditors of the bankrupt, petition under Section 39(c) of the Bankruptcy Act 1 for review of two orders of the Honorable Edward J. Ryan, Bankruptcy Judge, which respectively discharged the bankrupt and approved a compromise in an action brought by the trustee against the bankrupt. The essential f...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Plaintiff, Marriott In-Flite Services, A Division of Marriott Corporation (“Marriott”) instituted this action pursuant to § 303 of the Labor Management Relations Act of 1947, as amended, 29 U.S.C. §§ 151, 187 (“LMRA”). Plaintiff’s complaint alleges that the defendant union violated Sections 8(b)(4)(i), (ii)(B) and 187(a) of the Act by unlawfully thre...
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OPINION Plaintiff Carol Storyk brought this action under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g) (as amended) (the “Act”), for a review of a denial of a period of disability and disability insurance benefits. Storyk moved for summary judgment, and defendant Secretary of Health, Education, and Welfare (the “Secretary”) cross-moved for a judgment on the pleadings. For the re...
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OPINION I On November 24,1974, H.S. Equities, Inc. (“HS”) 1 commenced this action against Hartford Accident & Indemnity Company (“Hartford”) under a Brokers’ Blanket Bond (“the Bond”) that had been issued by Hartford to HS on October 29,1967. 2 Hartford proceeded on a third party complaint herein against Marvin Michael, a former registered representative of HS. ...
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MEMORANDUM ORDER 1. Introduction This action was commenced by plaintiff in the United States District Court for the Northern District of Alabama, Southern Division. Pursuant to 28 U.S.C. § 1404(a), the case was transferred to the Southern District of New York. After transfer plaintiff filed a motion seeking authorization for the action to be maintained as a class action....
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OPINION Defendant Thomas A. Buss was found guilty by a jury of illegally engaging in the business of dealing in firearms, in violation of 18 U.S.C. § 922(a)(1). 1 Defendant has moved for judgment of acquittal, or in the alternative, for a new trial. The motion will be denied. To convict a defendant under § 922(a)(1), the government must prove that the person was unlicensed...
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MEMORANDUM The defendant, the Honorable Michael J. Bednarek, Judge of the Municipal Court of Philadelphia, Pennsylvania, has filed a motion to dismiss plaintiff’s Complaint in this pro se action on the ground that the Complaint fails to state a claim upon which relief can be granted because the defendant is immune from suit for his judicial acts pursuant to the doctrine of judicial immunity. 1...
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MEMORANDUM AND ORDER On October 24, 1978, the Penn Central Reorganization Plan was consummated, and the reorganized company, Penn Central Corporation, came into existence. Pursuant to the Consummation Order, the distributions contemplated by the Plan are being carried out; that is, interests in and claims against the bankrupt estate, and the securities representing those claims and interests, are ...
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MEMORANDUM Defendants, Frezzo Brothers, Inc. (Frezzo Bros.), Guido Frezzo (Guido) and James L. Frezzo (James), were found guilty by a jury on all six counts of an indictment charging them with willfully or negligently discharging pollutants in violation of Sections 301(a) and 309(c) of the Federal Water Pollution Control Act Amendments of 1972 (the Act), 33 U.S.C. §§ 1311(a), 1319(c) (1970 ed. ...
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MEMORANDUM ORDER This is a clash between a New York Stock Exchange listed company and its principal regulator, the Securities Exchange Commission. In a self-policing effort, OKC employed outside legal counsel to gather information and give advice regarding a situation viewed as a potential problem by its board of directors. Counsel prepared a report, the contents of which were to be held ...
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*144MEMORANDUM OPINION This case is before the Court as a result of an arbitration award of Arbitrator A. Q. Sartain (hereinafter referred to as “arbitrator”) rendered in favor of the Plaintiffs, Robert Hanko (hereinafter referred to as “grievant” or “Hanko”) and Motor Express-men’s Union (hereinafter referred to as the “Union”), and against the Defendant, Mistletoe Express Service (hereinafter re...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The above case came on to be tried before the Court without a Jury on the 29th day of June, 1977, and the 7th day of September, 1977, with all parties and their attorneys present. After considering the pleadings, the evidence, the argument and briefs from counsel, the Court files herewith its findings of fact and conclusions of law. FINDINGS OF FACT 1. Plain...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The Court having heard the evidence and having considered the arguments of counsel in this cause makes the following findings of fact and conclusions of law: 1. Walter Anderson was confined in the Dallas County Jail for five days after the day on which he should have been released. 2. The delay in effecting Anderson’s release was caused by a delay in the tra...
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MEMORANDUM This is an action brought by eight individuals on behalf of themselves and all persons similarly situated challenging certain regulations of the Commonwealth of Virginia as being contrary to the Food Stamp Act, 7 U.S.C. § 2011, et seq. Plaintiffs allege that defendants have deprived them of their federal statutory right to receive food stamp coupons in violation of 4...
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MEMORANDUM OPINION These consolidated cases are before the court on defendants’ amended petitions for approval to propose to the Civil Service Board that adverse action be taken against plaintiffs. Plaintiff Falkowski is the Director of the Birmingham District Office of the Equal Employment Opportunity Commission (BIDO). Plaintiff Perry is the Deputy Director of that office. Defendants are offi...
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MEMORANDUM OPINION In this private federal securities laws litigation, filed by the Wachovia Bank and Trust Company and other plaintiffs 1 (the Wachovia plaintiffs), two questions are presented for the Court’s resolution. First, do the plaintiffs have implied causes of action under § 17(a) of the Securities Act of 1933 (1933 Act) 2 and §§ 10(b), 13(a) and 14(a) of th...
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OPINION In this diversity action, the plaintiffs, Wallace S. Cropper, Jr. and Diane C. Cropper, his wife, seek damages for severe burns sustained by Wallace Cropper while operating a valve-tree assembly, or riser system, *531 to unload anhydrous ammonia from a railroad tank car to a holding tank on the premises of his employer, Southern States Cooperative, in Dagsboro, Delawa...
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MEMORANDUM OPINION This matter comes before the court upon defendants’ Preliminary Motion for Summary Judgment. For the reasons set forth below, the Motion is granted in part and denied in part. By virtue of a written agreement between it and Aviation Activities, Inc., an independent wholesale distributor of Cessna airplanes and equipment, plaintiff, Fontana Aviation, Inc. (Fontana),...
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MEMORANDUM OPINION This action in which the plaintiff seeks a refund of income taxes paid for the calendar year 1969, was commenced on July 30, 1974, with a demand for trial by jury. The only issue presented at the trial related to the plaintiff’s involvement with VS A, Inc. and Mid-America Investments, Inc. [Paragraph 8(h) of the complaint] inasmuch as the remaining issues had been resolved betw...
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MEMORANDUM OPINION Plaintiffs, Glenn and Marcelette Darensbourg, brought this action on behalf of themselves and their minor children for violation of their civil rights under 42 U.S.C. § 1981. It is alleged that defendant, Sally Dufrene, refused to allow the Darensbourg’s children admission to the Little People’s Nursery because of their race. Sally Dufrene is the owner and operator of the Lit...
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COURT’S RULING ON PLAINTIFFS’ MOTION FOR JUDGMENT BY DEFAULT’ On April 28, 1978, plaintiffs filed their complaint in this action. On August 14, 1978, plaintiffs filed an Application for Entry of Default against the defendant for failure of the defendant to plead, answer or otherwise defend. A default was entered by the deputy clerk on September 20, 1978. On September 25, 1978 plaintiffs filed a *4...
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OPINION I. Procedural History Plaintiff Frances Foster, a black female, brought this action pursuant to 42 U.S.C. § 1983 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging that her dismissal from her position as telephone operator at the Gloucester County Courthouse was motivated by racial prejudice. After extensive pretrial proceedi...
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MEMORANDUM AND ORDER Defendant has moved for the dismissal of Counts 2, 3, 4, and 5 of the indictment, charging him with unlawful possession of firearms (26 U.S.C. §§ 5861(c), 5861(d)) which were not registered or taxed as required by law (26 U.S.C. §§ 5821, 5822, 5841), on the ground that prosecution under these statutes would violate his Fifth Amendment privilege against self-incriminat...
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MEMORANDUM AND ORDER On July 21, 1978, defendant was indicted for violations of 18 U.S.C. § 844(d) and various provisions of Chapter 53 of Title 26, United States Code involving unlawful possession of firearms. A certificate of engagement and pretrial order was issued on August 2, 1978, setting the trial date as October 12,1978. The United States filed a notice of readiness to proceed on ...
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MEMORANDUM AND ORDER Plaintiff Kraftsman Container Corporation (“Kraftsman”) is a New Jersey corporation having its principal place of business in that State. Defendant Jack Finkelstein is a former officer and director of Kraftsman and an owner of one-third of the issued stock of the company. This diversity action has been brought against Finkelstein and his wife, Shirley, to recover $164...
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MEMORANDUM-DECISION AND ORDER The acting Regional Director of the National Labor Relations Board has commenced this proceeding pursuant to 29 *555 U.S.C. § 160(j), seeking a preliminary injunction to restrain the respondents from further violating the National Labor Relations Act through their refusal to bargain with the Licensed Practical Nurses and Technicians of New York, ...
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OPINION These consolidated actions for personal injury and wrongful death have been brought by the victims of a fire and their representatives. The present motion is *847 brought by a third-party defendant, the Town of Greenwich, Connecticut. Greenwich contends that as a matter of law it is not liable to the defendant/third party plaintiffs, and seeks an order dismissing the ...
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OPINION This action arises out of two alleged contracts between Great Destinations, Inc. (GDI) and Transportes Aereos Portugueses, S.A.R.L. (TAP). GDI, a New York tour operator specializing in group charter travel, contacted TAP, an overseas air carrier, in April 1976 to arrange transportation for two series of charters to commence in June 1977. David Lurie, vice president of GDI, spoke w...
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MEMORANDUM ORDER This is a diversity negligence action. Plaintiffs are Dean Allen Phelps and his wife, Anna M. Phelps. Defendant is Red Star Express Lines, a New York corporation. The complaint avers that on March 17, 1976 an agent of defendant operated a tractor trailer in a negligent fashion so as to violently collide and strike the rear end of a truck being operated by plaintiff Dean Allen P...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION This suit raises certain issues as to the constitutional validity of Pennsylvania’s *255 post-judgment garnishment procedures, Pa. Stat.Ann. tit. 42, Rule 3101, et seq. Motions for summary judgment have been filed by all parties except the judgment creditor. Upon careful consideration of all the issues, I have concl...
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MEMORANDUM AND ORDER Plaintiff brings this action against defendant, his former employer, alleging that his discharge was a violation of an implied contract between himself and defendant, and that certain actions of defendant, in terminating plaintiff’s employment, constituted wrongful harassment amounting to tortious infliction of mental and emotional distress. Defendant moves to di...
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MEMORANDUM This is an action for declaratory and injunctive relief regarding the plaintiffs’ obligation to pay an unemployment compensation tax under the Federal Unemployment Tax Act, 26 U.S.C. § 3309(b)(1)(A) and the Tennessee Employment Security Law, Tenn.Code Ann. § 50-1301, et seq. Jurisdiction is invoked pursuant to 28 U.S.C. §§ 1331,1343, 1346, and 2201. The cause of action arises un...
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MEMORANDUM This case is before the Court on defendants’ motion to dismiss each of the above criminal actions, which have been consolidated for the purpose of a single hearing. Defendants have been charged with violations of 36 C.F.R. § 50.24(c)(2)(v), which states: (c) Sales (2) The sale or distribution of newspapers, leaflets, and pamphlets . is permitted in all park areas, open to the gen...
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Findings of Fact 1. Plaintiffs Tomas Hirschfeld, Marvin Margoshes, and Block Engineering, Inc. brought this action under 35 U.S.C. § 145, seeking to have this court authorize defendant Donald W. Banner, Commissioner of Patents and Trademarks, to issue a patent containing claims 12, 13, and 15, the only claims at issue in plaintiffs’ application entitled “Digitally Controlled Electro-Op...
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OPINION Defendant Salvatore (“Sam”) Castellana has moved the Court to dismiss the indictment in this case on the ground that his right to a speedy trial has been violated. Facts The indictment in this case was returned against defendant Castellana on November 28, 1972. Although he was not arraigned until February 2, 1973, he had an initial appearance on December 4,1972. Trial was schedule...
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ORDER ON MOTION TO DISMISS FILED BY AIRCO, INC. AND BURROUGHS-WELLCOME COMPANY, INC. Plaintiff filed these two actions on July 14,1978, against several defendants, one for the wrongful death of his wife in 1977 during an operation performed at the Bulloch County Hospital in Statesboro, Georgia, and the other for conscious pain and suffering. The complaints alleged that death was the result of hyp...
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OPINION I. James M. Sanders filed this petition for a writ of habeas corpus to challenge his March 21, 1977, conviction of two armed *1131 robbery charges in the Circuit Court of Winnebago County, Illinois. Petitioner claims that two confessions 1 which were admitted against him at his trial were obtained in violation of his right to counsel at interrogation s...
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OPINION This is an action by the plaintiffs, Silvario Gaspar and Pearl D. Gaspar, to recover damages sustained when their fishing vessel BLUE WATERS sunk after it collided in the Gloucester Inner Harbor with an unmanned barge, the MARGARET T. The complaint alleges that the damages were due solely to the negligence of employees of the United States Coast Guard. This action is properly main...
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OPINION This is a civil action brought pursuant to the provisions of 42 U.S.C.A. §§ 1983, 1985. Jurisdiction of this Court is invoked pursuant to 28 U.S.C.A. §§ 1331, 1343. After a non-jury trial, I find and rule as follows: Plaintiff Robert V. Pace is a resident of the Commonwealth of Massachusetts. Defendants Paul E. Furdon and Lloyd Baylis are police officers employed by the Police Department ...
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MEMORANDUM AND ORDER In this action, brought under § 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 of the Securities Exchange Commission, defendant moves pursuant to F.R.C.P. 12(b)(6) to dismiss the complaint for failure to state a claim upon which relief can be granted or, in the alternative, for summary judgment pursuant to Rule 56(b). Plaintiff’s allegations, which m...
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MEMORANDUM OF DECISION AND ORDER This is a quiet title action brought by Atlas, Inc. against the United States. Trial was had before the Court on October 16, 1978. Atlas claims title to the former residence of Arlene Dohn, located at 1714 Avenue “D” East, Bismarck, North Dakota, by virtue of a judgment of the Burleigh County District Court, dated February 22, 1977. The judgment of the Burleigh ...
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*276MEMORANDUM OF OPINION On February 20, 1975 plaintiff filed the above-captioned appeal from an administrative remedial order. In its complaint The Standard Oil Company of Ohio (Sohio) ' alleges that the Federal Energy Administration’s (FEA) remedial order of September 20, 1974 exceeded the scope of FEA’s authority. Sohio seeks injunctive and declaratory relief. Counterclaimant United States of...
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MEMORANDUM OF OPINION AND ORDER OF PARTIAL DISMISSAL In this case, plaintiff seeks a refund of estate taxes alleged to have been erroneously assessed against the estate of Freeman A. Smith. The defendant filed a motion for partial dismissal of the plaintiffs complaint on the ground that the claim for refund of $20,531.27 is barred by the applicable statute of limitations. 1 After an evidentia...
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OPINION In an order entered May 30, 1978 we enjoined on Eighth Amendment grounds the continued use of three maximum security cells, known as the “Glass Cage”, at the State Correctional Institution at Hunting-don, Pennsylvania. Imprisoned Citizens Union v. Shapp, 451 F.Supp. 893, 898 (E.D.Pa.1978). Defendants, alleging that the constitutional defects in the Glass Cage have been cured, moved on...
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MEMORANDUM: The plaintiff, Equal Employment Opportunity Commission (hereinafter referred to as “the Commission”), has filed this action for preliminary relief pursuant to 42 U.S.C. § 2000e~5(f)(2), a part of what is commonly referred to as “Title VII.” The Commission alleges that the defendant, Lockheed Electronics Company, Inc. (hereinafter referred to as “Lockheed”), retaliated against Mrs. R...
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MEMORANDUM OPINION Plaintiff seeks to recover damages from the United States under the provisions of the Federal Tort Claims Act, 28 U.S.C. § 2672 and other provisions of Chapter 171 of that Title, the procedure for which is prescribed by 28 U.S.C. § 2401, jurisdiction for which is found in 28 U.S.C. § 1346, based on the alleged negligence of the United States in the care and attention of...
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ORDER Plaintiff brought the above styled civil action within the admiralty and. maritime jurisdiction of the Court and pursuant to Rule 9(h) of the Federal Rules of Civil Procedure. Plaintiff seeks relief for damages to its barges and for loss of cargo which Plaintiff alleges occurred as a result of the unseaworthiness of the vessels involved in this action and the negligent acts of Defen...
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MEMORANDUM Harriet Miller, former Executive Director of the American Association of Retired Persons (AARP) and the National Retired Teachers’ Association (NRTA), brought this action against several individuals affiliated with the organizations for wrongful removal from that position. Plaintiff Miller, a resident of the District of Columbia, sued in the Superior Court of the District of Co...
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MEMORANDUM The Securities and Exchange Commission (SEC) brought this civil injunction action against Page Airways, Inc. (Page) and certain of its officers and directors for violations of the federal securities laws. The SEC alleges that the marketing practices and sales activities of Page with respect to the sale of Gulfstream II (G-II) aircraft violated the Securities Exchange Act of 193...
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MEMORANDUM OF DECISION This is an action in interpleader arising under the provisions of 28 U.S.C. §§ 1335, 1397 and 2361. K-Mart Enterprises, Inc. (hereinafter called K-Mart) is indebted to American Brake and Components, Inc. *653(hereinafter called American Brake) in the sum of $39,336.24.1 The contending creditors of American Brake who seek in this action to establish their relative priorities...
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MEMORANDUM This case arises under the Freedom of Information Act (“FOIA”). 1 Plaintiff Exxon requested documents from the Federal Trade Commission (“FTC”) relating to an ongoing FTC adjudicative proceeding in which Exxon is a defendant. Plaintiff invokes this Court’s jurisdiction pursuant to 5 U.S.C. § 552(a)(4)(B), challenging the thoroughness of the FTC’s search for responsiv...
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MEMORANDUM OF DECISION This is an action by the plaintiff, U. S. Industries, Inc., to recover damages from the defendant, Second New Haven Bank, for defendant’s failure to honor an irrevocable letter of credit issued by the defendant in favor of the plaintiff. Jurisdiction is based on diversity of citizenship, 28 U.S.C. § 1332. The material facts in this matter are largely undisputed...
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RULING ON DEFENDANT’S MOTION TO STRIKE This Title VII case is before the court for a determination of the defendant’s motion to strike from the plaintiff’s amended complaint a demand for a jury trial and a prayer for damages for “humiliation and mental anguish.” The plaintiff argues that she is entitled to a jury trial since she seeks and is entitled to a remedy of a legal nature (co...
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DECISION AND ORDER Plaintiff was an inmate at the Pontiac Correctional Center, Pontiac, Illinois, when he filed this pro se action under 42 U.S.C. § 1983. The case originally was filed in the Northern District of Illinois, but was transferred to this court pursuant to Senior Judge Hoffman’s order of September 15, 1978, granting defendant Rowe’s motion for change of venue. Both ...
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MEMORANDUM AND ORDER This matter is before the Court on motion of the plaintiff, Jules G. Frisard, Jr., for a preliminary injunction against the defendant, Texaco Inc. Plaintiff is seeking injunctive relief pursuant to the Petroleum Marketing Practices Act of 1978, 92 Stat. 322. A hearing on the preliminary injunction request was held July 21, 1978, after which counsel were given additional tim...
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MEMORANDUM In response to the Sixth Circuit Court of Appeals remand for further consideration of our exclusion of Regions 1, 5 and 8, we entered our Memorandum and Order of August 7, 1978 requiring additional pupil reassignments between Regions 1 and 2. On August 21, 1978, the defendant Detroit Board of Education submitted to the court a proposed pupil reassignment plan as they were directed to do...
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MEMORANDUM This matter is before the Court on the motion of the plaintiff, Ray Marshall, as Secretary of Labor, for an injunction under 30 U.S.C. § 818(a)(1)(C) requiring defendants to permit inspection of their business property at Goss, Missouri. For the reasons stated herein the requested injunction will be granted. Defendant Robert J. Gilliam is part owner and manager of the defendant firm, Jo...
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Findings of Fact and Conclusions of Law Plaintiff Arnold Elkind purchased 100 shares of Liggett & Myers, Inc. (Liggett) common stock on July 12, 1972 at $63% per share on the New York Stock Exchange. He sold these shares on December 27, 1972 at $38%. He brought this class action against Liggett alleging violations of Section 10(b) of the Securities Exchange Act of 1934 (Act) (15 U.S.C...
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OPINION The instant case arises from a sale of a large electrical motor, the subsequent malfunction of said motor, and certain damages attendant to such malfunction. This action, as well as a related case, has been the source of protracted litigation before, this Court. In previous opinions we have granted summary judgment in favor of Cyclops Corporation with regard to its claim for business inte...
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OPINION The United States Postal Service moves to dismiss the action of the Pittsburgh Metro Area Postal Workers Union (Metro) in which it seeks to enforce a settlement of a labor grievance. The Motion will be granted. I. BACKGROUND There were two disputes between Metro, which represents Pittsburgh area postal workers, and the Postal Service as to where secondary mail in the Pit...
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ORDER Petitioner Bobby Joe Duke was convicted on January 21, 1974, of possession of an unregistered firearm and sentenced by this Court to eight years imprisonment with eligibility for parole placed in the discretion of the Board of Parole under then-§ 4208(a)(2) of Title 18, U.S.C. Now confined in the United States Penitentiary, Atlanta, Georgia, he requests leave to file, in forma pauperis, a “M...
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MEMORANDUM OPINION AND ORDER Came on for trial before the court the above-styled cause. Having considered the pleadings, testimony, stipulations and argument of counsel, the court is of the opinion that judgment should be rendered for the plaintiff in part and for the defendant in part. Facts The facts which give rise to this lawsuit are summarized in the following manner. P...
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*132FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause came on for hearing before the Court, sitting without a jury, on October 18, 1978. The Court makes the following findings of fact and conclusions of law, in accordance with the provisions of Rule 52, Federal Rules of Civil Procedure. FINDINGS OF FACT 1. Plaintiff resides in the Dallas Division of the Northern District of Texas. 2. On and prior...
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ORDER This is a civil action in which a prisoner complains that he was confined in segregation without due process of law. He alleges that as a consequence of his illegal confinement, he suffered a lack of medical care and an inability to earn money on prison jobs. In his original complaint, filed pro se, plaintiff requested “a permanent injunction or as the court may see fit to direct otherwise....
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DECISION and ORDER The plaintiff has filed a motion for a preliminary injunction prohibiting the defendants from authorizing or permitting the demolition of the Elizabeth Plankinton mansion in Milwaukee, Wisconsin. The defendant Redevelopment Authority of the city of Milwaukee has filed a motion to dismiss. The defendant Marquette University has filed motions alternatively seeking an injunction...
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ORDER GRANTING MOTION TO DISMISS The Plaintiff Edward M. Atchison initiated this civil rights action contending that in November, 1977, he was hired by the Wyoming Department of Health and Social Services to serve as a Developmental Disabilities State Program Consultant. The complaint alleges that in early 1978 the Department of Administration and Fiscal Control reclassified the Plaintiff...
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MEMORANDUM OPINION Defendant has been heretofore tried and convicted of a Title 21 offense, and he is awaiting sentence. His counsel, Martin Blitstein, a member of the Florida Bar appearing pro hac vice, has raised a singular question concerning government interference with defendant’s right to effective assistance of counsel. In capsule form, this is his argument:— Mr. Blitstein represented a def...
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MEMORANDUM I. Introduction Prior to the enactment of the Marine Mammal Protection Act (the “Act”), 16 U.S.C. § 1361 et seq., plaintiff, Globe Fur Dyeing Company, imported, dyed and sold animal skins. Plaintiff challenges the provision of the Act which prohibits importing marine mammals killed at less than eight months of age or while nursing; 16 U.S.C. § 1372(b)(2). It seeks declaratory and...
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MEMORANDUM AND ORDER In an effort to recover certain funds allegedly due and owing from defendant, plaintiff Johnny Lenox brought suit in the Circuit Court for Prince George’s County, Maryland. Defendant has removed the action to this court, alleging that diversity of citizenship exists and that the amount in controversy exceeds $10,000. There is no dispute regarding the existence of dive...
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MEMORANDUM AND ORDER ON PLAINTIFF’S MOTION TO VACATE This is an action brought under the Age Discrimination in Employment Act (ADEA). 29 U.S.C. § 626(c). The last order made by this court was an order granting summary judgment for the defendant on the ground of the plaintiff’s failure to file a timely claim with the Massachusetts Commission Against Discrimination (MCAD). While the ap...
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OPINION Gentlemen: I. PROCEDURAL HISTORY On October 5th, 1978, plaintiff, Cubic Western Data, Inc. (hereinafter “Cubic Western”), filed a verified complaint and an application for a temporary restraining order requesting that the defendant New Jersey Turnpike Authority (hereinafter “Authority”) be prohibited from awarding a public contract for the installation of a toll revenue ...
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MEMORANDUM OPINION Plaintiff Mid-Hudson Legal Services, Inc. (“Mid-Hudson”), a federally-funded legal services corporation which provides legal assistance and counseling to migrant farm workers, initially brought this action *263 against G & U, Inc., the operator of a farm in Orange County, N.Y. employing such workers, to gain access to defendant’s camps for the purpose of ad...
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OPINION This is a diversity action for breach of a sales representation contract. Defendants have moved for the dismissal, stay or transfer of the action, and for a protective order against the taking of depositions. For the reasons set forth below, the motion to stay this action pending the resolution of a related proceeding in a California state court is granted. The plaintiff, Hen...
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MEMORANDUM DECISION Petitioner, Vito Finetti, was convicted of Robbery in the First Degree and Grand Larceny in the Second Degree after a jury trial in the County Court of Orange County, New York State. He was sentenced to a term of eight and one-third to twenty-five years and is presently incarcerated at the Greenhaven Correctional Facility. Petitioner, on February 9, 1978, filed a Notic...
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OPINION AND ORDER Plaintiff Secretary of Labor has brought this action pursuant to the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. §§ 801-825. (Coal Mine Act). The Secretary seeks to enjoin the defendants from denying authorized agents of the Secretary of Labor access to their coal mine. On September 1, 1978, we conducted a hearing on the motion for a...
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MEMORANDUM AND ORDER Plaintiffs in this action, four female employees of Philadelphia Electric Company (“PECO”), brought this suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Until approximately June 2, 1974, plaintiffs were exempt employees in the Home Service section of PECO’s Division Accounts Department. Plaintiffs allege that on June 2,1974, they were demoted t...
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MEMORANDUM AND ORDER Plaintiff Joseph Renshaw (Renshaw) has filed a suit pursuant to 42 U.S.C. § 1983 and various constitutional provisions against defendant Edward Ravert (Ravert), other members of the Philadelphia Police Department, and the City of Philadelphia. The case is presently before us on defendant Ravert’s motion for the disqualification of plaintiff’s counsel, John J. Hagarty, Esqui...
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MEMORANDUM On August 16, 1977, plaintiff, Typh, Inc., commenced this action in the Court of Common Pleas of Bucks County, Pennsylvania to recover $79,041.27 which it claims the defendant, Typhoon Fence of Pennsylvania, Inc., owes it in connection with the lease of certain real estate in Pennsylvania. On April 14,1978, defendant filed a petition pursuant to 28 U.S.C. *996 § 14...
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MEMORANDUM A non-jury trial was held on this contract action on September 20, 1978 and the parties have now submitted proposed findings of fact and conclusions of law. Judgment will be entered for the Defendant on all counts. The following are the Court’s findings of fact and conclusions of law. FINDINGS OF FACT 1. Plaintiff Hans Von Lange is an individual who at all times relevant to this ...
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OPINION The Plaintiff’s complaint sets forth two causes of action. The first is tortious, alleging that the Defendant negligently designed a sewer system for the Washington Township Sewer Authority (Authority) and that the Defendant made misrepresentations to the Environmental Protection Agency which resulted in the denial of federal funding. The jurisdiction of the Court over the first c...
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MEMORANDUM FINDINGS OF FACT AND CONCLUSIONS OF LAW This case was tried before the court, August 29-September 6, 1977. Plaintiff, Naomi Hinson, on her own behalf, and as next friend and natural guardian of a minor child, and intervening Plaintiff, Eleanor Meyers, as next friend and guardian of three minor children, brought this suit in admiralty to recover damages from Defendants occa...
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MEMORANDUM OPINION This is a case in which the Plaintiffs, Paul E. Scott, James T. Matthews, and others, while in the employment of another Plaintiff in this suit, A.A. Cross Construction Co., Inc., were attacked and beaten while constructing a pump station known as the Alligator Bayou Pump Station on the hurricane levee along Taylor’s Bayou, near Port Arthur, in Jefferson County, Texas. ...
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DECISION and ORDER The plaintiffs in this action are pretrial detainees incarcerated in the jail of Milwaukee County. In their complaint filed February 17, 1977, the plaintiffs claim that the conditions of the jail with respect to overcrowding, visitation, recreational and educational facilities, and medical and dental care violate their rights under the Fourteenth Amendment of the Consti...
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MEMORANDUM OF DECISION Plaintiff commenced this action in the Circuit Court for the Tenth Judicial Circuit of Alabama to recover for injuries allegedly sustained while she was using a bakery slicing machine located on her employer’s premises. Asserting that the machine was imminently dangerous and unsafe, plaintiff named Alto Corporation as a defendant, in essence charging it with neglige...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiffs, for themselves and as representatives of all blacks eligible to vote in Montgomery County, complain that the at-large election system for members of the Montgomery County Commission unconstitutionally dilutes the black vote. Defendants are the county commissioners, Montgomery County Probate Judge Walker Hobbie, Jr., and State Attorney Ge...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT 1. Plaintiffs Pearl Music Company, Inc., National Music Corporation, Market Research Corporation of America, Consolidated Industries, Inc. and Nordest Marketing, Group, Inc. are each corporations. Plaintiff Joseph J. Martin is an individual. 2. Defendant Recording Industry Association of America, Inc. is a corporation. ...
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PARTIAL SUMMARY JUDGMENT THIS CAUSE is before the court on the motion of claimant David Russell for partial summary judgment. Plaintiffs complaint alleges that certain firearms seized from claimant are subject to forfeiture pursuant to 18 U.S.C. § 924(d). It is claimant’s contention that fifty-four of these firearms are antique firearms within the definition of 18 U.S.C. § 921(a)(16) and that as s...
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ORDER GRANTING SUMMARY JUDGMENT I. INTRODUCTION This action was brought by the Secretary of Labor to set aside the election of the president of Local Union 478 of the Laborers’ International Union of North America. It involves issues that are fundamental to the effective functioning of the labor market in this country. Namely, it concerns *187the correlative rights of candidates for union office ...
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MEMORANDUM ORDER Before me are cross-motions pursuant to Fed.R.Civ.P. 56 for summary judgment on the question of liability. After reviewing the affidavits and memoranda of the parties and considering oral arguments, it appears that as to several issues there is no question of material fact and partial summary judgment must be granted as to them. Plaintiff, Leland W. Bormann, received stat...
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On July 27, 1978 this court entered an order ordering the defendant Rolland A. Neve, Trustee of the Rolland A. Neve Family Equity Trust, to comply with an Internal Revenue Service Summons. The defendant appealed from this order in August but obtained no stay of execution of the order. The court heard on November 1, 1978 the Motion of the United States to Enforce the Judgment because of the lack of...
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This action challenges the validity of a Maryland state regulation concerning transfers of assets held by individuals applying for or receiving medical assistance benefits. Plaintiffs assert that the regulation in question conflicts with federal statutes and regulations governing medical assistance, thus violating the supremacy clause of the Constitution, and further assert that the regulation den...
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OPINION This action involves a dispute between the United States, certain Indian tribes, and the State of Michigan concerning Indian fishing rights. In the course of the action, the Michigan United Conservation Clubs (MUCC) petitioned the court for intervention in this case. That petition was denied, and the court’s ruling was upheld on appeal. MUCC now argues that it has a constitutional right to...
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459 F.Supp. 1006 (1978) In re AIRPORT CAR RENTAL ANTITRUST LITIGATION.Pacific Auto Rental Corp., etc. v. The Hertz Corp., et al., D. Hawaii, C.A. No. C78-0197 No. 338. Judicial Panel on Multidistrict Litigation. November 15, 1978. Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, STANLEY A. WEIGEL, ANDREW A. CAFFREY and ROY W. HARPER, Judges of the Panel. OPINION AND ORDE...
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MEMORANDUM AND ORDER Petitioner seeks a writ of habeas corpus and a stay of an allegedly imminent retrial of a criminal action against him in the Supreme Court, Kings County, on the ground that such retrial would violate his constitutional right not “to be twice put in jeopardy” for the same offense and his constitutional right to due process of law under the Fifth Amendment to the United States C...
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OPINION The petitioner in this habeas corpus proceeding has been found extraditable to Italy in an extradition proceeding brought by the Republic of Italy. The Honorable Thomas P. Griesa, District Judge of this Court sitting as a committing magistrate under the provisions of 18 U.S.C. § 3184, decided in accordance with the Treaty of Extradition between the United States of America and the Repub...
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OPINION & ORDER Defendant Jerry Taylor, also known as Robert Brown, has moved to suppress certain statements made by him as well as all evidence derived from the use of such statements. A hearing was held before me on October 6 and 20, 1978 and counsel were granted leave to submit post-hearing memoranda. The following opinion constitutes my findings of fact and conclusions of law. On...
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OPINION AND ORDER Defendants Rita Ostrer and Seymour Greenberg have moved, pursuant to Fed.R. Crim.P. 8(b), for an order declaring a misjoinder and directing severance of certain Counts from the indictment in which they are named. 1 The government has opposed these motions claiming that the indictment charges a series of acts which constitute a common scheme and that, accordingly, joinder of ...
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MEMORANDUM OPINION In this action, the plaintiffs seek to have an ordinance of Cabarrus County, North Carolina, declared unconstitutional. They also request that this Court permanently enjoin the defendants from enforcing the ordinance. In the “Order on Final Pre-Trial Conference”, filed July 21, 1978, (hereinafter Final Pre-Trial Order), the parties agreed that this case presented only matters o...
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MEMORANDUM OPINION AND ORDERS This is a civil action seeking money damages “ * * * instituted pursuant to the provisions of 42 U.S.C. § 1981, et seq. and § 2000e, et seq. * * * ” to redress alleged discrimination in federal employment. The parties defendant herein are the United States Veterans Administration, which is the plaintiff’s employer, and certain of its officers and employees. Prete...
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ORDER GRANTING GOVERNMENT’S MOTION FOR FORFEITURE On April 13, 1978, the above-entitled and numbered cause came on for hearing before the court, and, after considering the evidence and exhibits adduced by both parties and the arguments of respective counsel, the court makes the following findings: On December 31, 1976, the claimant, Anna Galt, entered the United States from the Republic of Me...
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MEMORANDUM AND ORDER The above-styled-and-numbered cases have been consolidated with nineteen others for the purpose of discovery. These four cases are now before the court for consideration on motions for summary judgment. Each motion is based on the allegation that the plaintiff’s cause of action is barred by Tex.Rev.Civ.Stat.Ann. art. 5526 (1958), the Texas Statute of Limitations. There is...
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*993 MEMORANDUM DECISION Before the court is motion of defendant for summary judgment. At the outset, the law appears settled in situations such as that here involved that émployees of independent contractors cannot recover from the government under the Federal Tort Claims Act on the basis of contractual obligations requiring various safety measures and the presence of gover...
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MEMORANDUM AND ORDER This is an action in which the plaintiff seeks a judgment that certain provisions of the Social Security Act and accompanying regulations, 42 U.S.C. § 402(d)(8) and 20 C.F.R. § 404.323(a)(4), are unconstitutional and void. The matter is before the Court on cross motions for summary judgment. For reasons stated herein, the Court grants defendant’s motion for summary ju...
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This case involves the 250-bed Naval hospital recently built in New Orleans. Fireman’s Fund claims that it is assignee of all rights of a subcontractor, Pierce-King. The defendants are the general contractor, Frank Briscoe Co., and its surety, Travelers Indemnity Co. Plaintiff brings four claims: a claim against the general contractor and its surety under the Miller Act, 40 U.S.C. §§ 270a-270d;...
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*147 OPINION These civil damage actions to recover for losses of lobster traps and attendant gear were filed by George Berry, a commercial lobsterman who owns the vessel ROÑA G. BERRY. In Civil Action No. 76-1241, plaintiff seeks money damages against GIANNINA B., Inc., the owner of the vessel GIANNINA B. for the alleged conversion of plaintiff’s lobster traps by the crew of...
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459 F.Supp. 979 (1978) NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, Plaintiff, v. James Henry CALVERT, et al., Defendants. No. 73-324C(3). United States District Court, E. D. Missouri, E. D. November 14, 1978. Don B. Sommers, Sommers & Holloran, Inc., St. Louis, Mo., for plaintiff. P. Terence Crebs, Frederick J. Dana, Gallop, Johnson, Godiner, Morganstern & Crebs, Andrew P. Deschu, Nangle &...
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ORDER On application of the United States of America, the grand jury has caused to be served a subpoena duces tecum upon Dr. Sam S. Misasi, as Custodian of Records of Sam S. Misasi, D. O. Incorporated. The subpoena requires production before the grand jury of the following documents with respect to 25 listed patients, including movant William D. Threlkeld: any and all reco...
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MEMORANDUM AND ORDER Plaintiff pro se brought this action under 42 U.S.C. § 1983 to recover money damages from two District Attorneys, two State court justices, two superintendents of penal institutions, and two police officers for their parts in bringing about plaintiff’s arrest and incarceration. Specifically, he charges the defendants with violations of his fourth, fifth, sixth, eighth and...
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MEMORANDUM-DECISION and ORDER Plaintiff, Dow Corning Corporation, has moved to file and serve a second amended complaint upon the defendant, General Electric Company (GE), pursuant to Rule 15(a), Fed.R.Civ.Pro. This is an action for patent infringement, 35 U.S.C. § 1 et seq.; and, was commenced by the filing of a complaint in the United States District Court for the Northern District of Illinois,...
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On November 30,1977, this court granted the motion of Nationwide Auto Transporters, Inc., for a preliminary injunction restraining Morgan Driveaway, Inc., from transporting motor homes in driveaway service from certain points in Indiana. Nationwide now moves for summary judgment on its claim for a permanent injunction against Morgan. Morgan, in turn, moves to amend its answer to add a counterclaim...
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MEMORANDUM Through this petition the Commonwealth of Pennsylvania, Plaintiff in a pending treble damage action, seeks the production of grand jury materials from the related criminal antitrust actions under Rule 6(e) of the Federal Rules of Criminal Procedure. The background shows that on November 19, 1976 a federal grand jury returned an indictment in this district charging six corporations and ...
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ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF’S MOTION TO STRIKE. This is a forfeiture action, originally filed March 31, 1977, and in which and by which plaintiff seeks condemnation as forfeited to the United States 1 , and a decree for the proper disposal thereof of 92 assorted firearms, as listed in an exhibit to the complaint, on the ground that “said firea...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause came on for hearing before the Court, sitting without a jury, on February 23,1978. Upon consideration of the stipulations of the parties, the testimony of the witnesses, and the exhibits admitted into evidence, the Court makes the following findings of fact and conclusions of law, in accordance with the provisions of Rule 52, Federal Rule...
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MEMORANDUM ORDER At this juncture in the long and tortuous history of this case, the question of jurisdiction remains unresolved. In its present posture, the case is a plenary action by L. E. Creel, III, the trustee in bankruptcy of H. Roger Lawler, the Lawler Corporation, and the Lawler Management Company (in his capacity as trustee for the latter two entities, Creel entered the suit by i...
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MEMORANDUM OPINION STATEMENT OF THE CASE Plaintiff, Key Maps, Inc., is a corporation incorporated under the laws of the State of Texas having its principal place of business in Houston, Harris County, Texas. Mr. James Rau has been the President of Key Maps since its inception in 1957, Defendant, Jesse James Pruitt, has been Fire Marshal of Harris County since he took office on J...
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MEMORANDUM AND ORDER Plaintiffs commenced this action under 42 U.S.C. § 1983 alleging that particular provisions of the Wisconsin Campaign Financing Act (the “Financing Act”) deprived them of rights of privacy, of association and belief guaranteed by the First and Fourteenth Amendments to the United States Constitution. On June 13, 1977, final judgment was entered granting plaintiffs...
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FINDINGS AND CONCLUSIONS AND ORDER GRANTING PERMANENT INJUNCTION AND FOR ENTRY OF FINAL JUDGMENT This is an action to enjoin the defendant from engaging in the business of transporting property for-hire, by motor vehicle, upon the public highways, in interstate commerce, within the State of Colorado, in what is alleged to involve clear and patent violations of the provisions of Sections 203(c) and...
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MEMORANDUM AND ORDER In this libel action, based upon Minnesota law, each defendant moves for summary judgment on the ground that the allegedly defamatory statements are not of and concerning plaintiffs. Defendant Time, Inc. also relies on the privilege conferred on accurate reports of official proceedings. A hearing on defendants’ motions was held on October 18, 1978. Based upon the file...
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OPINION The defendants seek dismissal of this suit on the grounds that the plaintiff has failed to state or show grounds entitling him to relief and that the Court lacks subject matter jurisdiction. Rules 56(b), 12(b)(1) and 12(b)(6), Fed.R.Civ.P. The plaintiff has proceeded in this Court on the notion that he is asserting violations of the Securities Exchange Act of 1934, specifically se...
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OPINION This is an action against an Austrian company and other defendants, involving a contract granting an American company exclusive rights to sell certain machinery in the United States. All defendants are domiciled outside the State of New York. Jurisdiction over them is claimed under the New York “long arm” statute. Plaintiffs are American Edelstaal, Inc. (“Edelstaal”) and Ralp...
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MEMORANDUM and ORDER The City of Rochester (“the City”) appeals from two decisions of the bankruptcy court, the first denying its motion to amend a proof of claim filed by Great Lakes Dunbar Rochester (“GLDR”) and the second disallowing the City's claim. The two appeals are an outgrowth of the City’s construction contract with GLDR. Under the terms of the contract, the City was autho...
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MEMORANDUM AND ORDER The above-entitled action was commenced in this court by plaintiff, a common carrier, to recover for rail freight undercharges pursuant to § 6(7) of the Interstate Commerce Act of 1887, 49 U.S.C. § 6(7). Defendant has moved to dismiss the complaint on the grounds it fails to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6), and that this court lacks juris...
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OPINION The plaintiffs seek injunctive relief and a declaration that Rhode Island General Law § 17-16-8 1 is unconstitutional. Because section 17-16-8 requires an independent candidate to collect out of 1000 total petition signatures 25 from each of the five counties in the state, the plaintiffs assert that the section unlawfully deprives and infringes the rights secured to them under Article...
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Memorandum and Order The above-styled-and-numbered cause is an action brought to enjoin two orders of the Federal Energy Administration (hereinafter referred to as “FEA”)1 which granted in part and denied in part exception relief requested by plaintiffs from certain FEA pricing regulations. After a hearing before the court, preliminary relief was granted to plaintiffs on December 13, 1977, enjo...
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MEMORANDUM AND ORDER This case involves constitutional attacks on the Wisconsin Obscenity Statute (Wis. Stat. § 944.21) and a seizure of numerous items under an allegedly defective search warrant. Defendants have requested this Court to abstain under the doctrine created in Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971). Defendant further moves this Court to dismiss the d...
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MEMORANDUM OF OPINION This civil rights action for declaratory and injunctive relief brought pursuant to 42 U.S.C. § 1983 is now before the Court on defendant George R. Moscone’s motion for summary judgment, made pursuant to Rule 56 of the Federal Rules of Civil Procedure. Having considered the motion, the supporting memoranda and affidavits, and counsels’ argument, this Court grants defe...
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MEMORANDUM This case is before the Court on the defendants’ motion for summary judgment. Upon careful consideration of the memoranda filed in support thereof and in opposition thereto, and the entire record herein, and, for the reasons hereinafter stated, the Court, finding no genuine issue of material fact in dispute, will grant summary judgment to the plaintiff, pursuant to Fed.R. Civ.P. 56. ...
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ORDER OF DISMISSAL Roger Hendrickson and George Carter have instituted this lawsuit as Official Liquidators and on behalf of four Bahamian business entities, referred to as the “IBT Group.” The IBT group is composed of International Bank & Trust Ltd. (IBT), Bahama Savings & Loan Association (BSLA), International Bank & Trust of Nassau (IBTN), and Bahama Savings & Loan Association of Nassa...
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DECISION ON MOTION FOR PRELIMINARY INJUNCTION This case comes on to be heard on the Government’s Amended Motion for Preliminary Injunction and Temporary Restraining Order filed August 1, 1978. The Amended Motion has been allowed to stand with the Government’s Second Amended Complaint for Injunction subsequently filed October 2, 1978. Defendants filed an answer on October 23,1978, thereby puttin...
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MEMORANDUM OPINION Motion to Dismiss Plaintiffs, Sima Products Corporation (“Sima”); Irwin Diamond; Chicago Area Camera Club Association (“Camera Club”) and Betty Obey bring this action against Dr. John McLucas, Administrator of the Federal Aviation Administration (“FAA”), under 28 U.S.C. §§ 2201, 2202 seeking declaratory and injunctive relief. Plaintiffs allege, inter alia...
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OPINION In Phase I of these proceedings, this court ruled that the Benton Harbor Area School District (BHASD) had failed to rebut a prima facie case of de jure school segregation which had been established against it at an earlier trial. Berry v. School District of the City of Benton Harbor, 442 F.Supp. 1280 (W.D.Mich.1977). In Phase II, this court found that the following defe...
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MEMORANDUM RE DEFENDANT’S MOTION TO STRIKE AND/OR LIMIT PLAINTIFFS’ CLAIM FOR RECOVERY Plaintiffs bring this action pursuant to the Age Discrimination in Employment Act *972 of 1967 (ADEA) (29 U.S.C. § 621, et seq.) alleging that they were discriminated against by defendant in filling certain foreman jobs, from which plaintiffs had been demoted, with younger persons. In their prayer for relie...
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MEMORANDUM OPINION This is an action for judicial review of a final decision of the defendant Secretary of Health, Education and Welfare denying plaintiff’s application for disability benefits for the period November 15, 1973 to June 1, 1976. 42 U.S.C. §§ 416(i) and 423. *834 ISSUE The sole issue involved here is whether the defendant’s decision is supported by subs...
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*1368 OPINION AND ORDER Plaintiff, Colorado National Bank, brings this action against defendant, First National Bank & Trust Co., located in Petoskey, Michigan, to recover the face amount of two dishonored checks. Diversity jurisdiction is properly asserted under 28 U.S.C. § 1332. 1 Presently before the court is plaintiff’s motion for partial summary judgment, filed ...
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MEMORANDUM OF DECISION In this diversity action, plaintiffs Shelia Jane (Johnson) Rowland, Bobby Max Satterfield and Sharon Denise (Lacey) Byrd and their parents, Wendell S. Satterfield and Marilyn Satterfield, citizens of Marion County, Alabama, sue defendants Donald Lee Knight, d/b/a Knight Electric Company (Knight), and Knight Electric Company, Inc. (Knight Company), citizens of Monroe...
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OPINION Gordon has submitted to the Clerk a pro se “bill of complaint”, received November 8, 1978, together with an affidavit dated November 5, 1978 for leave to proceed in for-ma pauperis pursuant to 28 U.S.C. § 1915(a). The affidavit establishes that Gordon is eligible to file without prepayment of fees and costs, and a suitable order to that end will be entered. As a ci...
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OPINION Plaintiff here challenges the constitutionality of 19 U.S.C. § 1305, both facially and as applied, and seeks to enjoin its enforcement. He claims that this statute, which prohibits the importation of obscene articles into the United States and provides for seizure and forfeiture of such articles, violates the First and Fifth Amendments in that (1) it fails to provide for a change in ven...
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OPINION Plaintiff, Burt Printing Co., Inc., has moved for an order pursuant to Fed.R. Civ.P. 64, confirming the order of attachment issued by this Court on August 24, 1978. Plaintiff contends that it is entitled to this order because defendant is a foreign corporation not qualified to do business in New York and because it will probably succeed on the merits. Plaintiff further alleges that the amo...
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ORDER Upon consideration of the Plaintiffs’ Motion For New Trial with supporting Brief and the Response of the Defendant in opposition thereto, the Court finds that said Motion should be overruled. 1. Plaintiffs complain of the Court allowing in evidence the statements of John Jeter made to the investigating police officer. Federal Rules of Evidence 803(2) provides that an “exci...
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The Court has examined the Complaint 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 Plaintiff. Plaintiff, who is presently confined in the Federal Correctional Institution at Lompoc, California, brings suit in this Court charging that while he was an inmate at the Federal Correctional Institution at El...
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OPINION History of the Case This action was brought by two named-plaintiffs, Eleanor P. Marchwinski and Margaret A. Samson, cleaning personnel at Oliver Plaza in Pittsburgh, as a class action under Fed.R.Civ.P. 23(b)(2) against the Oliver Tyrone Corporation (“Oliver Tyrone”), Oliver Realty, Inc. (“Oliver Realty”), the Pittsburgh Building Association (“P.B.A.”) and Building Servic...
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MEMORANDUM Plaintiff is a Pennsylvania corporation. Its principal business, according to the affidavit of its general manager, is “selling goods, consisting of towels, dishcloths, washcloths and other cut goods to the retail trade.” Defendant Gen-Tex Printing Co., alleged in the complaint to be “a corporation organized and existing under the laws of a state other than the Commonwealth of ...
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MEMORANDUM This suit is brought pursuant to 26 U.S.C. § 7426 alleging a wrongful levy to collect taxes by the United States of America. This court has jurisdiction pursuant to 28 U.S.C. § 1346. The facts are stipulated. Both plaintiff and defendant have filed motions for summary judgment. The stipulated facts are as follows: (1) Plaintiff is a Tennessee corporation with its principal place of bus...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS MATTER having come before the court for trial on January 16, 1978, after thorough consideration of pleadings, memoranda, testimony of witnesses, and other matters of evidence, and the oral arguments made at the conclusion of the trial, the Court makes the following findings of fact and conclusions of law. FINDINGS OF FACT 1. Plaintiff brought thi...
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OPINION The four plaintiffs in this case are employees of the cross-isthmus railroad operated by the Panama Canal Company in the Canal Zone. They are an engineer, a conductor, a dispatcher, and a trainman. They seek backpay from July, 1974, for the difference between the wages they received and the wage rate received by their counterparts who are employees of the Alaska Railroad in the State of A...
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MEMORANDUM I. Three corporations, their political action committees, executives of two of them and a non-salaried employee of one of them here sue the Federal Election Commission and its members for a declaratory judgment that one section of the Federal Election Campaign Act of 1971, as amended in 1976, 2 U.S.C. § 431 et seq., (the Act) violates rights guaranteed to them by the First and Fi...
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MEMORANDUM OPINION This civil action was brought by three former employees of McGraw-Edison Company to recover certain pension and profit sharing benefits. Plaintiffs, Robert Fremont, Ronald McCarthy, and Henry Dybal assert that their entitlement to these benefits under the Halo Lighting Division of McGraw-Edison Company Profit Sharing and Retirement Trust (Trust) 1 was wrongfully denied in v...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Findings of Fact 1. This matter is before the Court for an accounting of damages to be awarded, pursuant to 35 U.S.C. § 284 1 , to Ellipse Corporation (hereinafter “Ellipse”) by reason of the infringement by Ford Motor Company (“Ford”) of Claim 3 of patent No. 2,628,568, entitled “High Pressure Pump”, issued to Marvin L. Rhine (“...
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MEMORANDUM OPINION AND ORDER Plaintiffs, Trustees of the McCormick-Patterson voting trust, originally brought this action seeking a declaratory judgment that they were empowered to vote trust shares of corporate stock in favor of certain proposed amendments to the certificate of incorporation and bylaws of the Tribune Company. Because the facts of this case have been adequately stated in Judge Be...
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ORDER This matter is before the Court on plaintiff’s motion to reconsider this Court’s order of January 19, 1978, denying plaintiff’s motion for summary judgment. This Court has jurisdiction because of diversity of citizenship. 28 U.S.C. § 1332 (1976). Plaintiff, in its complaint, alleges that it was assigned the account of defendant on December 2, 1976. It further claims that defend...
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MEMORANDUM AND ORDER Plaintiff brings this action to seek judicial review of the denial of his two claims for benefits, one for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 401 et 'seq., the other for supplemental security income benefits under Title XVI of the Act, 42 U.S.C. § 1381 et seq. The denials are the “final decisions” of the Secretary and theref...
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MEMORANDUM OPINION AND ORDER Habiib Saad, who holds a franchise for the retail sale of petroleum products and lease of certain premises from Shell Oil Company, has petitioned this court for a preliminary injunction to allow him to continue to operate pending the outcome of his suit charging that Shell has wrongfully failed to renew his franchise and lease. This suit is brought under the Petro...
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OPINION Petitioner seeks to void a state court judgment of conviction for robbery in the first degree and possession of a dangerous weapon, entered on October 16,1974 upon a jury verdict, pursuant to which he is now serving a sentence of seven and one-half to fifteen years, imposed on him as a second felony offender. He seeks his release upon a federal writ of habeas corpus based on allegations th...
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SUPPLEMENTAL OPINION The plaintiff leases from the defendant three parcels of land that are within the defendant’s right of way and parallel to its tracks. The leases exculpate the defendant from liability for negligent damage to the leased parcels. On September 11, 1976, a part failed on one of the defendant’s trains, and the train derailed and destroyed buildings that the plaintiff had erected o...
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OPINION This diversity action was brought by Lloyd LaBeach against his former employer, Beatrice Foods Co. (“Beatrice”), and Godfrey K. J. Amachree, a Nigerian attorney. The complaint alleges that the defendants wrongfully coerced LaBeach into giving up his controlling interest in Express Diary Ltd. (“Express”), a Nigerian company. This matter is presently before the Court on Beatrice’s m...
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MEMORANDUM DECISION Plaintiff Establissement Tomis (“Tomis”), a Liechtenstein corporation, commenced this action charging defendants, securities brokerage firm Shearson Hayden Stone, Inc. (“Shearson”) and its registered representative Jeffrey Nash (“Nash”) with violations of section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”), 15 U.S.C. § 78j(b), and Rules 10b-5 and ...
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OPINION Defendant Chemical Bank made a $39-million construction loan to the East Harlem defendants secured by a mortgage of the property for construction by S. S. Silberblatt, Inc. of Taino Towers. The loan was insured by HUD. Silberblatt undertook to complete construction by February 29,1976. Failure to complete the project on time was a stipulated default under the loan agreement and Si...
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MEMORANDUM DECISION Plaintiffs, Halpern and McDevitt bring this action seeking contribution from defendant Rosenbloom in the amount of $35,-265 plus interest. The suit was originally brought in the Supreme Court, County of New York in March, 1976, but was removed to this Court by defendant pursuant to 28 U.S.C. § 1332. We have diversity jurisdiction. In his answering papers, defendant gen...
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MEMORANDUM AND ORDER This action is again before the court following a remand for clarification of the award of the Seaboard World Airline System Board of Adjustment (“Adjustment Board”). In the court’s view, the Board’s award was in conflict with its opinion, in that the opinion apparently endorsed the position of the defendants (collectively “TWU”), while the award lent itself most read...
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MEMORANDUM OF DECISION AND ORDER Plaintiff James C. Galloway seeks to represent between 80,000 to 200,000 tobacco farmers from across four states who have allegedly been damaged by thirty corporate defendants committing antitrust violations over a five-year period in the sale of tobacco. The defendants’ motion for an order denying class certification under Rule 23(b)(3) of the Federal Rules of Ci...
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OPINION Sureties on a construction contract file a Motion for Partial Judgment On The Pleadings under Rule 12(c) Fed.R.Civ.P. 1 and seek a determination that finance charges and attorney’s fees claimed by a creditor of the general contractor-principal are not recoverable under their bond. The bond was executed in accordance with the requirement of the Public Works Contractors B...
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MEMORANDUM AND ORDER AWARDING FEES In an opera house in a provincial Italian city a new soprano appeared in the leading role. The gallery was packed with the local opera lovers eager to assess the new singer. At the end of her first aria a wave of applause swept the gallery and the conductor raised his baton for a reprise. After the second rendition even stronger applause and calls for an encore s...
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DECISION AND ORDER On April 23, 1973 the Legislative Assembly of the Commonwealth of Puerto Rico enacted Law Number 5, establishing a Department of Consumer Affairs. Article 3 of the Act, as amended, expressly directs the Department to protect the rights of consumers, curb inflationary tendencies and establish a price control system over articles and services. Article 14(a), enables the D...
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MEMORANDUM OPINION This cause is before the court on plaintiffs’ motion to amend and defendant’s opposition to that motion, which is, in substance, a motion to dismiss. The court, by separate order, though granting plaintiffs’ motion to amend, grants defendant’s motion to dismiss. Rule 15 of the Federal Rules of Civil Procedure provides that amendments shall be liberally allowed when justice ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter having come before the Court on October 16, 1978 upon duly entered Cross Motions for Summary Judgment, the Court makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. All events herein took place within the Central District of California. 2. Defendant Retirement Fund Trust is an employee pension benefit plan as...
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OPINION Patricia Campbell Hearst (herein “petitioner” or “defendant”), who is currently serving the remainder of a seven-year sentence for armed bank robbery, moves this Court, pursuant to 28 U.S.C. § 2255, 1 for an order vacating, setting aside, or correcting her sentence or, in the alternative, for an order reducing her sentence pursuant to Rule 35 of the Federal Rules of Criminal Procedure...
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MEMORANDUM AND ORDER These two cases present questions arising under the Federal Maritime Lien Act, 46 U.S.C. §§ 971-975, as amended. The ultimate issue to be determined is whether a loss occasioned by the default of a space charterer who made the initial arrangements for the supplying of necessaries for certain vessels should be borne by the plaintiffs who supplied the necessaries or by ...
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MEMORANDUM OF DECISION In this diversity action, Castle Fabrics, Inc. (Castle), a Tennessee corporation, sues Fortune Furniture Manufacturers, Inc. (Fortune), a Mississippi corporation, for $23,088.90 plus accrued interest for unpaid invoices of upholstery fabrics shipped by Castle to Fortune. In addition, plaintiff seeks to recover $656.95 for discounts improperly taken by Fortune on lat...
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OPINION The petitioner, a corporation whose records have been subpoenaed by the grand jury, requests the aid of this court with *1337 respect to two subpoenas duces tecum. 1 Having already complied with the first subpoena, the petitioner seeks an order to compel the government to return the documents submitted to date or to bear the costs of reproducing those docum...
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MEMORANDUM DENYING MOTION FOR NhjW TRIAL OR IN THE ALTERNATIVE TO AMEND THE JUDGMENT Plaintiff, a former Pennsylvania State Police sergeant, filed this civil rights suit against defendants, 1 his superior officers, alleging that they violated his civil rights by transferring him from his assignment in Franklin, Pa. to a post in Erie, Pa. Plaintiff contended (1) that the transfe...
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*888ORDER DISMISSING PETITION FOR HABEAS CORPUS Petitioners were convicted of distributing pornographic material in violation of Utah Code Ann. § 76-10-1204 (Supp.1977—Criminal Code). Their sole defense appears to have been that the statute under which they were convicted is unconstitutional. On appeal to the Utah Supreme Court their convictions were affirmed April 12, 1978. State v. Haig, 578 P.2...
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DECISION and ORDER The plaintiff, proceeding pro se, commenced this action by filing a complaint and an affidavit of financial status in support of a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). The request for leave to proceed in forma pauperis will be granted. However, since I believe the action is frivolous, the action will be dismissed under 28 U.S.C. § 1915(...
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ORDER GRANTING MOTION TO DISMISS On July 20, 1978, plaintiff, an academic employee of San Jose State University, filed this action for declaratory and injunctive relief and damages. Plaintiff’s principal allegations are that defendants wrongfully classified him as a “temporary” employee, wrongfully demoted him and wrongfully denied him tenure. Plaintiff alleges the actions of defendants did not c...
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ORDER This cause came before the Court on defendant’s motion to dismiss for lack of subject matter jurisdiction, as well as several additional motions and objections to discovery, and on plaintiff’s motion to disqualify defendant’s attorneys. On November 2, 1978 the Court entered an Order in this cause permitting James Baber to intervene pursuant to Rule 24(a) of the Federal Rules of Civi...
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ORDER On May 11,1976 the defendant, Joseph A. Califano, Jr., Secretary of Health, Education and Welfare (hereinafter referred to as defendant), filed a Motion for Summary Judgment. On May 4, 1977 the plaintiff, John M. Penix, (hereinafter referred to as plaintiff), filed his Motion for Summary Judgment. On January 19, 1978 this Court remanded the case to the Secretary for proceedings consistent wi...
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MEMORANDUM AND ORDER Defendant Albert B. Chandler, Sr., (hereinafter Chandler, Sr.) has asked the Court to reconsider his motion to dismiss the complaint against him. The defendant’s original motion to dismiss was denied by order of this Court on February 10, 1971. The motion to reconsider was filed on October 19, 1976, and is supported by a supplemental memorandum filed on March 3, 1978. Defenda...
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In September, 1976, Louis Donald Cormier, a seaman, was drowned in the Maranone River near Iquitos, Peru. At that time he was employed by defendant Williams/Sedco/Horn. This case involves a. suit for damages by decedent’s wife, the administratrix of his estate, four of his natural children (three of whom were given in adoption before decedent’s death, and one afterwards), and one unadopted stepch...
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OPINION On June 20, 1978, TRW, Inc. (TRW), a consumer credit reporting agency subject to the provisions of the Fair Credit Reporting Act, 15 U.S.C. § 1681 (F.C.R.A.), was served with a subpoena duces tecum requiring it to appear before a federal grand jury in this district and to produce the credit records of seven named individuals. TRW promptly moved to quash the subpoena on the ground that i...
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During a voyage from Tokyo to Seattle, sixty-five cargo containers were washed from the deck of the Kapitan Milovzorov. Two days before the vessel completed its voyage in Seattle, the cargo claimants who make the present motion filed suit against the vessel and its owner, Far Eastern Shipping Co. (“FESCO”), seeking to recover their losses from the mishap. Subsequently, other claims against the Kap...
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OPINION Plaintiff moves for an order to compel defendant to answer certain interrogatories. Rule 37(a), Fed.R.Civ.P. The bulk of the interrogatories relate to defendant’s employment records for the past thirteen years. Defendant’s answers, pursuant to Rule 33(c), Fed.R.Civ.P., refer plaintiff to certain documents from which the information sought could be obtained, and defendant subsequently made...
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MEMORANDUM AND ORDER This action, brought derivatively on behalf of IN A Investment Securities, Inc. (the *919 “Fund”), charges defendants INA Capital Management Corporation (the “Manager”) and thirteen past and present employees, officers and directors of the Fund and the Manager with various violations of the Investment Company Act of 1940, 15 U.S.C. § 80a — 1, et seq...
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OPINION Defendant Estanislao Pimentel has moved to suppress statements he made to Assistant United States Attorney (AUSA) Denise Cote during a post-indictment interview. He alleges that the statements were elicited in violation of both the Fifth and *925 Sixth Amendments. The Court held an evidentiary hearing on the motion on September 13, 14,15 and 21, 1978, and the evidence established the ...
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Plaintiffs, Gemma, Hal, Susan and Lisa Fein, bring this action against the brokerage houses of Shearson Hayden Stone, Inc., [hereinafter referred to as “Shearson”], and Ladenburg Thalmann & Co., Inc., [hereinafter referred to as “Ladenburg”], and the individuals Michael Moss, Gordon Joblan, Marvin Leiter and Peter Stabell, alleging violations of section 10(b) of the Securities Exchange Act of 1...
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OPINION In this consolidated action, plaintiffs, John Calabria, his wife Faire Calabria, and Frank Spoto are suing Associated Hospital Service, a non-profit New York corporation, for alleged breach of their Blue Cross hospital service contract. Jurisdiction is based on diversity of citizenship, 28 U.S.C. § 1332. A non-jury trial was held on September 19, 1978. Each of the plaintiffs had a Blu...
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OPINION AND ORDER This is an action for infringement of U.S. patent No. 3,740,980 which was issued to and is owned by plaintiffs Gregory and Ernest Schimizzi, two brothers of Brooklyn, New York, for an invention entitled “Automobile Trunk Lock Mechanism (Anti-Theft Device).” Plaintiffs charge infringement of the patent by the anti-theft trunk lock mechanism which has been used by defendan...
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OPINION AND ORDER This is an action instituted under the provisions of the Federal Mine Safety Act of 1977, 30 U.S.C. § 801, et seq., and the Fifth Amendment to the United States Constitution. Plaintiff, the operator of underground coal mining facilities, seeks to enjoin the enforcement of an order of temporary reinstatement issued on September 12, 1978 by defendant Broderick, the Chief A...
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459 F. Supp. 943 (1978) REYNOLDS SECURITIES, INC., a corporation, Plaintiff, v. Richard S. MACQUOWN, an Individual and Richard S. Macquown, Robert D. Lake and John P. Gombert, Jr., Trustees under Tomsett Associates Profit Sharing Plan, Defendants, and Richard S. Macquown, an Individual and Richard S. Macquown, Robert D. Lake, and John P. Gombert, Jr., Trustees under Tomsett Associates Profit Shar...
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MEMORANDUM OPINION AND ORDER FACTS James Tucci was hired on June 28, 1966 as Chief Chef of defendant Edgewood Country Club. Defendant Edgewood contends that about 1970 his performance began to deteriorate as supervisor of the food acquisition and preparation department. With complaints allegedly accumulating, plaintiff Tucci was told on February 17, 1976 that he would have to either leave o...
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MEMORANDUM Defendant was convicted by a jury on June 24, 1977, of having conspired with four codefendants to distribute heroin and to possess heroin with intent to distribute. On July 22, 1977, defendant was sentenced to fifteen (15) years imprisonment and a lifetime special parole term. An appeal followed and the case is presently before this Court on remand from the Third Circuit Court of App...
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ORDER This matter comes before the court on motions of the defendant, Fagan, for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, one motion being made in her capacity as Executrix of the Estate of Wylie H. Fagan, and the other being made in her capacity as sole distributee of the Estate of Wylie H. Fagan. Both motions raise essentially the same questions and...
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MEMORANDUM Plaintiff and counter-defendant Frank McAllister has moved to dismiss the counterclaim in this action on the ground that the counterclaim was filed more than one year after the alleged personal injury was sustained and is thus barred by the applicable statute of limitation. Tenn.Code Ann. § 28-304. Plaintiff further argues that Tenn.Code Ann. § 28-116, which allows the filing of a count...
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MEMORANDUM OPINION This is a suit by the Associated Press against William E. Berger d/b/a Radio Station KRME and Radio Medina, Inc. d/b/a Radio Station KRME for breach of contract resulting from the defendants’ failure to pay for plaintiff’s wire service. The Associated Press is a New York corporation. The defendant William E. Berger is a citizen of Texas and the defendant Radio Medina, Inc. is...
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DECISION and ORDER This is an action for judicial review of a final decision of the defendant Secretary of the Department of Health, Education and Welfare denying the plaintiff’s application for the establishment of a period of disability under § 216(i) of the Social Security Act, 42 U.S.C. § 416(i), and for disability insurance benefits, as provided by § 223 of the Act, 42 U.S.C. § 423. The ...
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MEMORANDUM The Federal Trade Commission has instituted a major trade regulation rulemaking proceeding, captioned Children’s Advertising, under Section 18 of the Magnuson-Moss Federal Trade Commission Improvement Act, Pub.L. 93-637, 88 Stat. 2193 (1974), 15 U.S.C. § 57a (1976). Plaintiffs and plaintiff-intervenor are various trade associations and companies who are parties to the proceedin...
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MEMORANDUM This is a diversity action for breach of contract and unfair trade practices. The matter is before the Court on the defendant’s objection to the Magistrate’s recommendation that its motion to dismiss for lack oi jurisdiction over the person be denied. The Court has reviewed the matter de novo and now denies the motion. The law of the forum state determines the a...
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MEMORANDUM OF DECISION Pursuant to the announcement made during the bench opinion rendered in the action sub judice on the submission thereof to the court, the following findings of fact and conclusions of law are adopted for the disposition of this litigation. The court reaffirms the findings of fact and conclusions of law stated in the bench opinion aforesaid and in addition thereto adopts the f...
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OPINION The above-styled consolidated actions are brought pursuant to Rule 23, F.R.Civ.P., wherein the named plaintiffs seek injunctive and declaratory relief on behalf of all inmates presently confined at the Missouri State Penitentiary in Jefferson City, Mis *456 souri [hereinafter sometimes referred to as the Penitentiary] and those to be confined there in the future. With the consent of...
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OPINION Local No. 153, International Brotherhood of Teamsters (hereinafter “Union”) has moved to enforce an arbitration award against Falstaff Brewing Corporation (hereinafter “Falstaff”). Falstaff has filed a cross-motion seeking to reopen Civil No. 76 — 1383 and consolidate that matter with Civil No. 78-1483 (the Union’s enforcement action). Falstaff also seeks to vacate the arbitration...
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OPINION The defendant Blum, Acting Commissioner of the New York State Department of Social Services (“State”), moves to dismiss the complaint; the proposed intervenors move to join this action; and plaintiff Sandra Greer moves to certify this as a class action. Greer’s amended and supplemental complaint, which the Court hereby grants leave to file, challenges alleged policies and pra...
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MEMORANDUM I. INTRODUCTION This case raises the important First Amendment question of where the wall be *1340 tween church and state should be placed with respect to a non-public Catholic Church School and the National Labor Relations Board. The underlying constitutional issue is whether the National Labor Relations Board has jurisdiction over Roman Catholic schools that...
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OPINION Joanna R. Wajda, an employee of The Penn Mutual Life Insurance Company, filed this complaint on August 10, 1976. Wajda *305alleges that many of Penn Mutual’s employment policies and practices discriminate against women, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-16 (1976). On behalf of herself and all others similarly situated, Wajda seeks broad...
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MEMORANDUM OPINION AND ORDER FACTS This case is an alleged class action instituted by the representative plaintiff, who contends that she was refused employment by defendant as a salesperson at defendant’s Greater Pittsburgh Airport facility because of her sex, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Plaintiff purports to represent a nationwide class o...
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MEMORANDUM A non-jury trial was held in the above-captioned matter on June 5, 1978. The following are the Court’s findings of fact and conclusions of law. FINDINGS OF FACT 1. Mursor Builders, Inc. (hereinafter Mursor) is a general contractor engaged in the construction business with an office in Forty Fort, Luzerne County, Pennsylvania. 2. The Small Business Administration ...
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MEMORANDUM 1. The Government today moved to increase defendant’s bail to $150,000. The following is the background relevant to the motion: A. On or about December 7, 1976, defendant was indicted in this district, charged with three counts of armed robbery of a truck traveling in interstate commerce. Defendant did not appear for his scheduled arraignment on December 17, 1976, and a bench warrant wa...
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OPINION Plaintiff, Exchange International Leasing Corporation, (hereinafter Exchange) brought the instant suit to recover rental payments from defendant, Consolidated Business Forms, (hereinafter Consolidated) arising out of defendant’s leasing of a Phillips business computer. Plaintiff is the named lessor of said computer by virtue of an assignment from the original lessor, third party d...
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MEMORANDUM OPINION AND FINDINGS OF FACT Issues This case, presented to the court in a bench trial on October 19 and 20, 1978, presents essentially two issues: 1. Whether the undisputed facts and applicable law create a situation in which this Court may properly intervene into the internal management of the National Association for the Advancement of Colored People (hereinafter “NAACP”)? 2...
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461 F.Supp. 492 (1978) Luther DURHAM, Jr., Petitioner, v. W. D. BLANKENSHIP, Supt., Respondent. Civ. A. No. 77-0111-A. United States District Court, W. D. Virginia, Abingdon Division. November 3, 1978. *493 *494 Mark M. Lawson, White, Elliott & Bundy, Bristol, Va., for petitioner. Linwood T. Wells, Asst. Atty. Gen., Commonwealth of Virginia, Richmond, Va., for respondent. MEMORANDUM OPINION ...
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OPINION AND ORDER APPLICATION BY NORTHWEST ENERGY COMPANY FOR AMENDMENT TO VOTING TRUST AGREEMENT Northwest Energy requests this Court’s approval of an amendment to a voting trust agreement entered into between El Paso Company, Northwest Energy and the other interested parties. A determination of whether or not the application should be granted requires a reference to the background of litigation ...
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MEMORANDUM, FINDINGS OF FACT, AND CONCLUSIONS OF LAW Sidney O. Sampson, a 75 year old inventor, proceeds here pro se. In 1976 Judge McGuire ordered the Commissioner of Patents and Trademarks to permit Sampson to cure formal defects in a 1967 patent of a control for sound recording and reproducing systems so that it could be reissued as Sampson had requested. He has filed this p...
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MEMORANDUM This matter is before the Court on defendants’ separate motions to dismiss. For the reasons stated below, defendants’ motions will be granted. Plaintiffs bring this suit pro se under the Civil Rights Acts. In a prior proceeding, plaintiff Rooks was convicted of conspiring to sell cocaine. Plaintiffs claim that defendant government officials combined to obstruct justice during the prior ...
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MEMORANDUM AND ORDER This matter comes before the Court upon the motion to dismiss of the Owens-Illinois Glass Co. [Filing # 7]. The complaint was filed subsequent to the explosion of a beverage bottle McAndrews was carrying. The plaintiff sustained injuries to his face and his right eye as a result of the accident. Owens-Illinois disputes the plaintiffs’ allegations of diversity jur...
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MEMORANDUM AND ORDER Plaintiff initiated this action charging defendants with violations of Section 10(b) of the Securities Exchange Act of 1934, 15 *298U.S.C. § 78j(b), common law fraud, breach of contract, and ultra vires corporate acts. He premises jurisdiction under 28 U.S.C. § 1332(a) and seeks compensatory damages of $79,300 and a like amount in exemplary damages. He also seeks an order dec...
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OPINION The motions before this court arise out of an action instituted by the owners of cargo that was damaged when the Israeli flag ship, the M/V Har Sinai, and the Panamanian coastal ship, the M/V Evanthia K., collided on the high seas. The collision from which this action arises occurred on March 8, 1976, off the southern coast of Crete. As a result of that collision El Yam Bulk Carriers Ltd....
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DECISION The defendants have moved to dismiss the amended complaint herein or in the alternative to abstain from decision until the statutes are interpreted by the state court. For reasons given hereafter, the suit will be dismissed. The plaintiffs are adults who were adopted as children and now seek access to their original birth certificates, the Court records in their adoption proceedings,...
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MEMORANDUM ORDER I This action, in which plaintiff seeks declaratory and injunctive relief, is based on defendant’s alleged abuse of the franking privileges that are granted him as a member of Congress. 1 Plaintiff is a United States citizen and a taxpayer of the United States and the State of New Jersey. Defendant represents the Nineteenth Congressional District of New ...
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ORDER ON DEFENDANT’S MOTION TO DISMISS AND DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Defendant’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(1) 1 , filed September 7, 1978, and defendant’s subsequent motion for summary judgment, under Rule 56 2 , Federal Rules of Civil Procedure, invite decision by this court. Plaintiff proceeds pro se, not...
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ORDER OF NOVEMBER 2, 1978 MODIFYING COURT’S PREVIOUS ORDERS OF OCTOBER 5, 1978 and OCTOBER 19, 1978 Background of Present Discovery Controversy The above-captioned case arises from an indictment in which the United States *574 charges that on February 8, 1977, Danny Howard Mays deprived Randall Alan Webster of rights secured by the Constitution and the laws of the United...
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ORDER The question presented by this motion for partial summary judgment is whether state regulation of the validity and exercisability of “due-on-sale” clauses contained in loan instruments of federal savings and loan associations executed on or after June 8, 1976, is preempted by federal law. A “due-on-sale” clause provides the lender an option to declare immediately due and payable all...
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ORDER RE: PLAINTIFFS’ OBJECTIONS TO MAGISTRATE’S ORDER CONCERNING DISCOVERY This is an employment discrimination suit brought under Title VII and 42 U.S.C. §§ 1981, 1982, 1985 and 1988. Plaintiffs bring this action as a class action under Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure. They allege a class consisting of all Black persons employed as police officers between January 1,...
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OPINION This action challenges certain regulations promulgated on June 13, 1978 by the Consumer Product Safety Commission (“CPSC”) pursuant to the Consumer Product Safety Act, 15 U.S.C. § 2051 et seq. and the Federal Hazardous Substances Act, 15 U.S.C. § 1261 et seq., because the CPSC failed to follow the notice and comment provisions of the Administrative Procedure ...
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OPINION After trial of this securities fraud action, we rendered judgment for the plaintiff, holding, inter alia, that his damages consisted of two Florida state court judgments entered against him by two brokerage houses, H. Hentz & Co. (“Hentz”) and Dishey, Easton & Co. (“Dishey”). Weitzman v. Stein, 436 F.Supp. 895 (S.D.N.Y.1977). Because no proof was offered at t...
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MEMORANDUM and ORDER The general background of the case, as well as the conclusions reached on various points raised at an earlier stage, appear from the decision of October 15, 1976, reported in 422 F.Supp. 850. All defendants have now moved for reconsideration of the October 15, 1976, de *100 cisión sustaining the infants’ claims against the asserted bar of the statute...
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MEMORANDUM ORDER This matter is before the Court for a determination of the defendants’ motion for an order compelling discovery pursuant to F.R.Civ.P. 37(a). The defendants seek to inspect portions of the plaintiff’s army medical file, which, according to the plaintiff, consists of notes and conclusions of a voluntary interview the plaintiff had with an army psychiatrist while he was in the army ...
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MEMORANDUM OPINION On October 6, 1977, Plaintiff (Marie Zurbarán Strahle) of San Antonio, Texas, filed suit charging the Defendants (Dillards Department Stores, Globe Shopping City, J.C. Penney Company, Joske’s of Texas, Shopper’s World, and Solo Serve Company) with infringement of her United States Letters Patent No. 3,023,419, entitled “Leotards and Costumes”. In the complaint, the Plai...
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This matter comes before the court on motions for summary judgment by all the defendants and a motion for partial summary judgment by the plaintiff. Defendants George L. Smith and GLS Livestock Management, Inc. have, subsequent to the submission of these motions, filed bankruptcy petitions and are not, therefore, subject to the court’s jurisdiction at this time. Thus, the only motions acted upo...
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OPINION AND ORDER Pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), plaintiff appeals from a final order of the Secretary of Health, Education and Welfare holding (1) that he has never been entitled to a period of disability or to disability benefits and. (2) that he must reimburse the Government for benefits already paid. In October, 1975, plaintiff, then a nineteen-year-old college s...
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MEMORANDUM OPINION This is an action under Title VII, 42 U.S.C. § 2000e, et seq., and 42 U.S.C. § 1981, *288for redress of racial discrimination. While it appears that there are absent as to plaintiffs Louis Pinkard and Edward Lofton allegations of charges having been filed with the Equal Employment Opportunity Commission (EEOC) and of “Notice of Right to Sue” letters having been issued, defendant...
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MEMORANDUM OPINION AND ORDER Norma Jean Turner and her husband brought this action on January 11, 1978, in the United States District Court for the Eastern District of Arkansas, Jonesboro Division. Both plaintiffs are citizens of Arkansas and reside in the Eastern District. Defendant Jerry F. McClain is a physician who is alleged to have performed a hysterectomy on Mrs. Turner on January 11,197...
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MEMORANDUM OPINION These two cases call for the resolution of the identical question of law involving federal pension regulations and the application of California community property law. Plaintiff, Carpenters Pension Trust for Southern California, seeks to nullify two state court divorce decrees distributing pension benefits administered by it on the ground that federal regulation under the Em...
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MEMORANDUM The United States Attorney has made an ex parte application to this court *450 for an order authorizing entry into taxpayer’s premises by Internal Revenue Service (IRS) agents to seize property therein in satisfaction of allegedly unpaid federal taxes. Pursuant to 26 U.S.C. § 7402(a), this court has jurisdiction to issue such an order. 1 According to the affidavit of the reve...
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MEMORANDUM This is a suit for declaratory and injunctive relief brought by the United States League of Savings Associations (USLSA), a national trade association representing approximately 4,400 state and federally chartered savings and loan associations (S & L’s), to challenge regulations recently promulgated by the Board of Governors of the Federal Reserve System (the Board) and by the ...
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MEMORANDUM OPINION In this proceeding the American Meat Institute (AMI), requesting declaratory and injunctive relief, seeks judicial review of certain actions taken by the Secretary of Agriculture and other officials 1 of the United States Department of Agriculture (Department or USDA) in the administration of the Federal Meat Inspection Act, 21 U.S.C. § 601, et seq.. ...
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ORDER Plaintiff recovered for copyright infringement a verdict in excess of $200,000 against defendants and the matter is before the court on defendants’ motion for a new trial. Plaintiff is a reporter with the Miami Herald who has twice received a Pulitzer prize for general local reporting, an accomplishment achieved by no other reporter. The origins of this case spring from his rep...
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ORDER This action is before the Court on appeal from a judgment issued in the Bankruptcy Court. The only issue raised on appeal was contained in appellant’s motion to dismiss filed on July 26, 1978. Appellant contends that the lower court lacked the requisite jurisdiction over the subject matter to consider the plaintiff’s complaint. The fact situation underlying this action is somew...
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ORDER Before the court is the motion of the government to take the deposition of a witness. Rule 15, F.R.Crim.P. This motion presents the question whether a district court can order the deposition of an elderly witness to preserve her testimony for a criminal trial, where the defendant is a fugitive from state justice, but there is no showing that the defendant has received notice of the federal i...
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MEMORANDUM AND ORDER Petitioner, an inmate at the United States Penitentiary, Leavenworth, Kansas, filed this action pursuant to 28 U.S.C. § 2255 asserting that the federal indictment, which resulted in his current sentence, should have been dismissed under Article IV(e) of the Interstate Agreement on Detainers, 18 U.S.C. Appendix (1978 Supp.) [hereinafter referred to as the IAD]. The facts a...
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OPINION AND ORDER This matter comes before the Court after an evidentiary hearing oh the propriety of *66 personal jurisdiction over defendant Supreme Pizza, Inc. (hereinafter “Supreme”). This is a diversity action brought by International Pizza Hut Franchise Holders Association, Inc. (hereinafter “International”), for a declaratory judgment that Supreme has violated International’s by-laws a...
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*96 MEMORANDUM AND ORDER Plaintiff, Bradley Pieper, has brought this action to contest the seizure of certain records by the United States Environmental Protection Agency (EPA) at the business offices of Bradley Exterminating Company. Plaintiff moves to have the records suppressed and returned to him, on grounds that they were seized in violation of the Fourth Amendment. Defendant, in turn, h...
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MEMORANDUM This matter is before the Court for a ruling on the merits following a trial to the Court on alleged violations of 42 U.S.C. §§ 1981, 1983 and 2000e et seq. At the close of the plaintiff’s case, the Court granted defendant’s motion for a directed verdict as to 42 U.S.C. § 1983. After consideration of the matter as to 42 U.S.C. §§ 1981 and 2000e et seq., the Court makes the following fin...
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OPINION AND ORDER The case is remanded to the Secretary of Health, Education, and Welfare for reconsideration. The record warrants the administrative law judge’s finding that the claimant suffered no physical impairment which would qualify her for a period of disability under the Social Security law. The record likewise warrants a conclusion that no physical impairment was found which account...
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Presently before the court is defendants’ motion to dismiss for lack of subject matter jurisdiction, Fed.R.Civ.P. 12(b)(1), and for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6). The motion was argued on May 19, 1978, at which time this court reserved judgment. In this civil action, plaintiffs seek judicial review of the manner in which the defendants Bureau o...
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OPINION The indictment herein is under attack; defendant Culoso calls for its dismissal on the ground that it is outlawed by the statute of limitations and/or venue is totally absent. If this is not to be, defendant demands a transfer of venue and a bill of *130 particulars addressed to two counts (3 and 4). We find impressive merit in the totality of the Government’s opposit...
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OPINION This is an action brought by the Stratton Group, Ltd., [hereinafter referred to as “Stratton”], against three officers and/or directors thereof, alleging violations of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated thereunder, as well as claims' of common law fraud, breach of fiduciary, duty and breach of contract. The fac...
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DECISION This is an employment discrimination case pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., which was commenced as a class suit. The complaint was filed on October 31, 1977. Defendants answered on December 5, 1977. The time within which to move for class certification was extended until May 1, 1978 by a series of stipulations signed by the ...
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MEMORANDUM DECISION Plaintiffs, former New York City policemen, challenge the constitutionality of New York City Administrative Code § 434a-20.0, which authorized their suspension without pay for the period between the filing of departmental charges against them and the final determination of those charges, which resulted in their dismissal from the police force. Plaintiffs Baker, DeGati,...
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OPINION This action challenges the administration of the Supplemental Food Program for Women, Infants, and Children (WIC), 42 U.S.C. § 1786 (Supp. V 1975), by the Philadelphia Department of Public Health (City). The plaintiffs are six women whose children had been participants in the Philadelphia WIC program. They allege that the City wrongfully terminated their children’s benefits in vio...
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MEMORANDUM AND ORDER This is a suit by Local 241 of the International Federation of Professional and Technical Engineers (Union) to review a labor *958 arbitrator’s award, which denied a grievance filed by the Union on behalf of five of its members. Jurisdiction of the Court is based on § 301(a) of the Labor Management Relations Act, 29 U.S.C. § 185(a). Both the Union an...
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MEMORANDUM AND ORDER The defendant Harold A. Zepp is charged with possession of goods stolen from an interstate shipment in violation of Section 659 of Title 18 of the United States Code. He has moved to suppress certain physical evidence on the grounds that the search and seizure which produced the evidence were unconstitutional. He also seeks to suppress the fruits of that evidence. Hearing was ...
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MEMORANDUM OPINION The sole remaining contested issue in this lawsuit is whether 6 conveyances of real estate by third-parties to the defendants Mr. and Mrs. Kerr, as tenants by the entirety, should be set aside as fraudulent of the national sovereign in the matter of Mr. Kerr’s delinquency in reporting timely and paying his federal income taxes for certain years. A bench trial was conducted on...
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DECISION and ORDER The petitioner has moved for an injunction pursuant to 10(7) of the National Labor Relations Act, as amended, 29 U.S.C. § 160(7), to enjoin the respondents’ picketing and other conduct in support of an alleged unlawful secondary boycott pending final disposition of the labor controversy pending before the National Labor Relations Board (Board) between the respondent unions and K...
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MEMORANDUM AND ORDER This matter is now before the court on third-party defendant’s petition for removal to federal district court pursuant to 28 U.S.C. § 1441(c). Defendants and third-party plaintiffs have filed objections to the petition and the matter is now ripe for determination. The action arises from a loan in the amount of $39,354 evidenced by a promissory note agreement betw...
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MEMORANDUM On October 27,1978 the Government filed a Motion for Leave to File Documents and a Motion for Leave to File Documents Under Seal. I have considered these motions after conferring in chambers with counsel for both parties about the subject matter of the documents proffered with the motions. Transcripts of these conferences are being filed with the Clerk of the Court and the Government’s ...
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OPINION This is a wrongful death and survival action filed by Stewart Cartwright, individually and as administrator for the estate of Marilyn Cartwright, his daughter. Ms. Cartwright was killed in an automobile accident when the car in which she was a *81 passenger collided with another automobile owned and operated by defendant Susan Branham. Plaintiff claims that the accident was proximatel...
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MEMORANDUM OPINION AND ORDER This is an action for recovery of wholesale liquor dealers occupational taxes, penalties and interest assessed and collected pursuant to the Internal Revenue Code of 1954. This Court has jurisdiction under 28 U.S.C. § 1346. Plaintiff 672 Corporation alleges that it is not a wholesale dealer within the purview of 26 U.S.C. § 5111(a) and, therefore, is not liable for th...
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MEMORANDUM OPINION BACKGROUND FACTS On May 6, 1975, an order was entered in this matter staying all aspects of plaintiff Calvert Fire Insurance Company’s (Calvert’s) federal action that were simultaneously pending before the state court in American Mutual Reinsurance Co. v. Calvert Fire Insurance Co., No. 74 L 10737 (Cir.Ct. Cook County, Ill., filed July 3,1974)...
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In this civil action, plaintiff, a retired Baltimore City schoolteacher, is seeking refund of $498.00 in income tax which she paid after the Internal Revenue Service determined that a lump sum return to her of excess pension contributions in the amount of $2,434.21 was ordinary income. 1 The case was tried pursuant to an agreed stipulation of facts. Both parties have filed memoranda ...
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OPINION I. INTRODUCTION In August 1975 Sheldon Leib (Leib, also hereinafter designated as plaintiff) with his brother Joel Leib, as trustee, brought suit against Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch) and John Kulhavi (Kulhavi), a stockbroker employed by Merrill Lynch, alleging as his first claim that these defendants “churned” his securities account. Plaintiff a...
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OPINION I. INTRODUCTION AND SUMMARY OF COURT’S FINDINGS This is a class action brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. The named plaintiff, Kyriaki Cleo Kyriazi (“Kyriazi”), charges defendant Western Electric Co. (“Western”) with across-the-board sex-based discrimination with respect to virtually every condition of employment at ...
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MEMORANDUM AND ORDER In this Civil Rights Act suit brought under 42 U.S.C. §§ 1981 and 1983, plaintiffs, the New York Chapter of the National Organization for Women (“NOW”) and various individual women, charge defendants, the Waterfront Commission of New York Harbor (“the Commission”) and its executive director Leonard Newman, with discriminating against women and members of minority groups in ...
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OPINION Plaintiff Joneil Fifth Avenue Ltd. (“Jo-neil”), a retail store dealing in collectibles and fine giftware, commenced this action against defendants Ebeling & Reuss Co. (“Ebeling”), a wholesale distributor of collectibles and giftware, and River Shore Productions, Inc. (“River Shore”), a producer of museum quality limited editions of original works of art. 1 Plaintiff see...
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STATEMENT OF CASE, FINDINGS OF FACT, DISCUSSION AND CONCLUSIONS OF LAW A. Statement of Case There is before the court a bitter dispute in admiralty as the result of the purchase, installation of additional equipment on, and sinking of the Yawl “Ardent” at Erie, Pennsylvania. Plaintiff, being unable to adjust its claims as to amount due issued a warrant of arrest in rem on August...
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MEMORANDUM DECISION FACTS . Defendants, City of Sioux Falls, Mayor Rick Knobe and Merlin Sorenson, have filed a motion for summary judgment and defendants Donald Skadsen, Max Madsen, John Johnson, Billy G. Pattison, Henry Luebke, Dennis Sievers and H. Dean Schultz, have filed a motion for partial summary judgment. A hearing was held in August 3, 1978, and continued until August ...
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MEMORANDUM AND ORDER This action was originally commenced by the American City Bank & Trust Company (American City) in August, 1974, in the Circuit Court for Milwaukee County, Wisconsin to collect against defendant on a demand promissory note. American City succeeded on a motion for summary judgment in the trial court which held that the alleged secret oral agreement raised by defendant First Mor...
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MEMORANDUM OPINION AND ORDER The official ballot to be presented to the electorate of the State of Colorado at the general election on November 7, 1978 contains, as Amendment No. 2, a proposal to amend the Colorado Constitution in a manner which wpuld affect the authority of all levels of representative government in Colorado to spend public funds. That proposal was placed on the ballot b...
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MEMORANDUM On April 22, 1974 a Boeing 707 aircraft operated by Pan American World Airways as Flight 812 was headed from Hong Kong to the island of Bali, Indonesia, intending to land at Den Passar Airport, located at the island’s southern tip. In darkness it began its descent and landing approach, but became lost. Instead of retracing its path and climbing higher, the crew kept the craft at an ino...
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ORDER OF DISMISSAL This action was removed from the state court pursuant to 28 U.S.C. § 1442(a)(1) and § 1446. Defendant filed a motion for summary judgment on September 28, 1978. *854The plaintiff has not responded to the motion nor in any other manner complied with the Federal Rules of Civil Procedure. The pro se complaint in this action alleges that defendant John P. Cornish, Special Agent in t...
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ORDER OF DISMISSAL This is another Civil Rights action brought pursuant to 42 U.S.C. § 1983 by an inmate at the Colorado State Reformatory in Buena Vista, Colorado. Defendant Nard Claar is employed as the head of Special Services at the institution; defendants Swedhin and Carlson are also employed at the institution; and defendant Richard Miller is an inmate confined therein. A § 1983 complai...
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MEMORANDUM OPINION AND ORDER Plaintiffs Richardson, Hunter, Walker, Gadsden and Tiller have instituted an action under Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq. (1976), against defendant Coopers & Lybrand. Defendant is a partnership engaged primarily in the business of accounting with over 80 offices in the United States. Plaintiffs allege that the defendant has engaged nationw...
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DECISION On June 19, 1978, plaintiff filed an Amended Complaint substantially different from his original complaint in this case. The only remaining defendant is Arthur Quern, Director, Illinois Department of Public Aid (I.D.P.A.). Plaintiff still purports to challenge the procedures leading to his termination as a Medicaid vendor as being violative of the constitutional guarantees of due...
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MEMORANDUM AND ORDER This is an action by James R. Maher, Kansas Conservative Party Candidate for the United States Senate, to enjoin the televising of a political debate between the Republican and Democratic candidates for the same office. The defendants are Sun Publications, Inc. [Sun], the sponsor of the debate, and Meredith Video Productions [Meredith], owners and operators of KCMO T....
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In this action, the United States is trying to recover the costs of cleaning up an oil spill. On June 22, 1974, after a mishap involving a tugboat and its tow of loaded tank barges, approximately 1,265,000 gallons of oil spilled into the Mississippi River. Defendant Dixie Carriers, Inc., owner of the tugboat, notified all interested parties and caused cleanup operations to commence. When Dixie ...
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OPINION Pursuant to Rule 12(c) Fed.R.Civ.P., defendant moves for judgment on the ground that plaintiff’s 42 U.S.C. § 1981 claim was not made within the time limitation provided for tort actions by Mass.G.L. c. 260 § 2A. Plaintiff contends that the applicable time limitation is that provided for contract actions by Mass.G.L. c. 260 § 2. Plaintiff, a black citizen of Roxbury, Massachus...
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OPINION This is a civil action which was originally filed as an action for breach of a contract for wages with an ad damnum of $877.78. Subsequently, plaintiff amended the complaint to increase the ad damnum in the contract claim to $1,800, and, a few months thereafter, plaintiff again amended the complaint to add a second count in tort for libel with an ad damnum of $100,000. The case was tried t...
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OPINION This is a civil rights action brought by the plaintiffs, Gerald Green and Diana Green, against defendants Alexander E. Sharp, Commissioner of the Massachusetts Department of Public Welfare (DPW), and Dr. John T. Truman, a board-certified pediatric hematologist affiliated with the Massachusetts General Hospital. The amended complaint alleges a cause of action under 42 U.S.C.A. § 19...
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OPINION AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Plaintiff, The United States of America, has moved the court pursuant to Rule 56, Federal Rules of Civil Procedure, for a summary judgment against defendant DONALD CRIPPS and CRIPPS BUILDING COMPANY, on counts one through five of the first amended complaint and on defendants’ first amended counter-complaint. Subsequent to the fi...
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MEMORANDUM By this pro se motion filed pursuant to Section 2255, 28 U.S.C., petitioner seeks to vacate sentence imposed upon him on May *6194, 1973. Petitioner was convicted on two counts, each charging distribution of heroin in violation of Section 841(a)(1), 21 U.S.C., and was sentenced to a term of twelve years imprisonment on each count, the sentences to be served consecutively, with provision...
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OPINION and ORDER Plaintiff has brought an action for declaratory injunction and monetary relief pursuant to the First and Fourteenth Amendments, 42 U.S.C. §§ 1983, 1985(3) and 1986, and Article 1, §§ 8, 9 and 11 of the Constitution of the State of New York. Plaintiff alleges that, in not recommending him for tenure at Brooklyn College, defendants deprived him of his rights, privileges and immu...
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OPINION This is an action relating to the election of officers in a labor organization. Plaintiff is presently the Executive President of the American Guild of Variety Artists (“AGVA”). Defendant Cory is a contender .for the office of Executive President. The other defendants are the Secretary of Labor and the Department of Labor. On October 13, 1978 I granted plaintiff’s application for a te...
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MEMORANDUM AND ORDER There having been a remand ordering further proceedings in this case on the question of jury taint, United States v. Moten, 582 F.2d 654 (2d Cir. 1978), numerous co-defendants of Frank Moten, both formally and informally, have applied to this court to be a party to or at least be present at such proceedings.1 For the reasons given below, these motions are denied. Co-defendants...
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MEMORANDUM OPINION This Court granted a Motion for Summary Judgment for the Defendants in this case in 1975. At that time, the certification of a class under Rule 23, F.R.C.P., was denied. The Court of Appeals for the Fifth Circuit reversed the Summary Judgment in June of this year.1 The Fifth Circuit also vacated this Court’s Order denying class certification so that it could be reconsidered in ...
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MEMORANDUM AND ORDER This is a lawsuit brought by three individuals challenging activities of the United States Environmental Protection Agency (EPA), the Association of Bay Area Governments (ABAG), and the State of California in implementing the planning requirements of § 208 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1288. Plaintiffs have agreed to dismis...
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RULING ON MOTION TO DISMISS This case involves an attempt by plaintiff, John Paskavitch, to have this court order the defendant, the United States Nuclear Regulatory Commission, to suspend or revoke the license of the Connecticut Light and Power Company to operate nuclear reactors at the Millstone Nuclear Power Station at Waterford, Connecticut. Plaintiff has presented the court with abundant a...
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RULING ON PENDING MOTIONS In this consolidated action, tenants of two housing projects subsidized by the federal government under section 236 of the National Housing Act, 12 U.S.C. § 1715z-l, challenge the imposition of an increase in the amount they must pay for electricity costs for the use of air conditioners. The named plaintiffs, and the class they seek to represent, claim that the i...
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MEMORANDUM AND ORDER The Plaintiff commenced this action in the General Court of Justice, Superior Court Division of the State of North Carolina, naming Rodney C. Hunt Company; WSF Industries, Incorporated; Automatic Switch Company and Allen Bradley Company as Defendants. The Plaintiff alleged that he was injured in an industrial accident when the door of a dye beck vessel opened resultin...
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MEMORANDUM Plaintiff 1, an alien, seeks judicial review of the denial by defendant, District Director of the Immigration and Naturalization Service (“INS”), of his application for classification as a refugee pursuant to section 203(a)(7) of the Immigration and Nationality Act (“Act”), 8 U.S.C. § 1153(a)(7), and of his application for adjustment of status pursuant to section 245 of the Act, 8 U.S....
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ORDER Pursuant to due notice, this matter was heard before this court commencing on October 2, 1978, in the United States District Courthouse in Aiken, South Carolina. The matter of the AB&T receivership has been before me over a period of years at this point. In the court’s Order of April 23, 1976, this court determined that the Federal Deposit Insurance Corporation [FDIC] was the o...
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MEMORANDUM The Secretary of Labor brought this action pursuant to 29 U.S.C. § 217, part of the Fair Labor Standards Act, to enjoin defendant Aetna Insurance Company from violating the equal pay provision of the Act, 29 U.S.C. § 206(d), and to restrain the defendant from withholding back wages, together with interest thereon, to the extent found *720 by the Court to be due def...
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MEMORANDUM OF DECISION AND ORDER These cases, sadly, continue to crawl in their own labyrinthine fashion towards trial. Presently before the Court are defendants’ motions to dismiss certain government allegations. As will develop, these motions are granted in part and denied in part. However, it is the Court’s intention in preparing this Memorandum of Decision and Order to accomplish more...
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FINDINGS OF FACT 1. On or about January 3, 1975, Omnibus Group, Inc. 1 [hereinafter “Omnibus”] as principal and defendant American Manufacturers Mutual Insurance Company [hereinafter “Surety”] as surety in consideration of the payment of a premium of $1,200.00 by Omnibus to Surety executed a financial guaranty bond undertaking to guarantee repayment of a loan from Hamilton ...
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MEMORANDUM OPINION AND ORDER The trustee of the debtor, Chicago, Rock Island and Pacific Railroad has petitioned this court for authority to sell certain of its lines and other property and interests to Southern Pacific Transportation Company (“Southern Pacific”), and for approval of such sale pursuant to Section 77(o) of the Bankruptcy Act. Section 77(o), in pertinent part, provides that: “The tr...
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In this civil action, plaintiff, a black female, is seeking damages and other relief under 42 U.S.C. §§ 1981 and 1982 for alleged discrimination resulting from the refusal of the defendant, Parkland Village, Inc., to rent her an apartment because of her race. Following extensive pretrial proceedings, this case was tried by the Court sitting without a jury. Various witnesses testified, and numer...
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MEMORANDUM AND ORDER This action was brought by plaintiffs American Tara Corporation, the Jay Madden Corp. and the Finnish Paper Mills Association, to recover for damage to 89 rolls of tissue paper sold by Finnish Paper to American Tara and shipped via defendants, the ocean and overland carriers. Plaintiffs now move for summary judgment pursuant to F.R.Civ.P. 56, asserting that no genuine issues ...
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FINDINGS OF FACT and CONCLUSIONS OF LAW Defendant herein was indicted April 19, 1978 for having about one month earlier attempted to bring one Nemiah Williams into the United States (Williams being an alien not lawfully entitled to enter this country), for having knowingly lied to the Immigration Service concerning Williams’s citizenship and for having conspired with Williams to effect the latter...
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MEMORANDUM and ORDER The abovenamed defendants were indicted March 4, 1976 in a five-count indictment charging both with having conspired earlier in 1976 to distribute heroin and charging defendant Forbes in four counts of having distributed heroin or possessed heroin. As to one of said distribution counts, defendant Broward is charged with having aided and abetted defendant Forbes. The case had i...
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OPINION Plaintiff, Citibank N. A. [hereinafter referred to as “Citibank”], brings this action against Graphic Scanning Corp. [hereinafter referred to as “GSC”] and Graphnet Systems, Inc. [hereinafter referred to as “Graphnet”] pursuant to § 207 of the Communications Act, 47 U.S.C. § 207. Jurisdiction is founded upon 28 U.S.C. § 1331 as *339 well as upon the principles of pend...
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OPINION The plaintiff in this case seeks to invoke this Court’s jurisdiction by claiming causes of action under numerous federal statutes, one constitutional amendment, and two Rhode Island common law counts. The defendants have filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) and argue that the plaintiff’s numerous and varied counts fail to state a claim upon which relief may ...
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MEMORANDUM OPINION AND ORDER On September 19,1977, the United States of America brought this suit against the Uvalde Consolidated Independent School District and the members of its Board of Trustees claiming that “as a result” of the at-large election of Board members in the Uvalde School District, Mexican-American residents have less opportunity than do “White residents” to participate in the ...
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OPINION AND ORDER This is an action brought by plaintiff against defendant attorney alleging, inter alia, that defendant charged an unreasonable legal fee, failed to disclose a fee-splitting arrangement with other attorneys, negligently negotiated an accident settlement on plaintiff’s behalf, withheld settlement proceeds and breached a fiduciary duty owed to plaintiff. Before t...
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MEMORANDUM This matter is before the Court on remand, 584 F.2d 976, from the Court of Appeals for the Fourth Circuit. On 20 June 1977 this Court dismissed plaintiff’s complaint filed under 42 U.S.C. § 1983 because it failed to allege that the defendant, Robert F. Zahradnick, had participated in any of the acts of which plaintiff complained. On appeal, the Court of Appeals, noting that plaintiff ha...
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MEMORANDUM OPINION In these consolidated cases plaintiffs seek declaratory and injunctive relief relating to the rights to waters of a very small waterway located entirely within the exterior boundaries of the Colville Indian Reservation in north central Washington. As the result of this extended litigation this formerly nameless waterway has acquired the appellation “No Name Creek”. Because th...
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In this civil action brought by the Trustees of the Property of Penn Central Transportation Company (PC) against United States Railway Association (USRA) and Consolidated Rail Corporation (Conrail), PC seeks a declaratory judgment that Conrail is responsible for the payment of portions of various taxes and other charges which were assessed against PC by several state authorities, based upon the gr...
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MEMORANDUM AND ORDER GRANTING MOTIONS FOR SUMMARY JUDGMENT Paul W. Zell, an owner of one share of stock in InterCapital Income Securities, Inc. (the “Fund”), an investment company, brings this action charging defendants with violation of Section 14(a) of the Securities Exchange Act of 1934, 15 U.S.C. § 78n, and the rules promulgated under it, by failing to disclose material information in two pro...
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This action arises out of an April 29,1976 collision of the M/V TAIRONA, owned by the Compañía Nacional de Navegación, S.A. (“Navenal”), with the breakwater at the Atlantic entrance to the Panama Canal, at Cristobal in the Canal Zone. Shortly after the collision, the vessel sank inside Cristobal harbor, partly blocking the entrance channel to the Canal. The Panama Canal Company (“Company”), as ...
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MEMORANDUM I. INTRODUCTION Plaintiffs, pressmen employed by the Evening Star Newspaper Co. (the Star), are members of Local 6 (the Local) of the International Printing and Graphic Communications Union (the International). Plaintiffs bring this suit against the unions and the Star alleging violation of their federal rights to fair representation in collective bargaining based on 29 U....
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MEMORANDUM OPINION AND ORDER This action is brought by plaintiff, Oscar L. Hearn (“Hearn”) alleging violation of his civil rights by his former employer, R. R. Donnelley & Sons Company (“Donnelley”). 42 U.S.C. § 2000e et seq.; 42 U.S.C. § 1981. Jurisdiction is invoked pursuant to 28 U.S.C. § 1343, and 42 U.S.C. § 2000e et seq. In brief, plaintiff alleges that he was employed by Donnelley ...
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MEMORANDUM AND ORDER ON MOTION TO DISMISS This case was remanded to this court after a determination by the Court of Appeals that Massachusetts is a deferral state, as defined by 29 U.S.C. § 633(b). The hearing that was interrupted pending the interlocutory appeal in the case was thereafter resumed. I make the following findings of fact. 1. The plaintiff did not file an application w...
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MEMORANDUM DECISION Defendant has moved to dismiss plaintiff’s Amended and Verified Complaint (First Amended Complaint) for failure to state a claim upon which relief can be *797 granted. Plaintiff has moved to amend and supplement that complaint and add a new cause of action (Third Count). For the reasons stated below, we grant defendant’s motion to dismiss. We reserve decis...
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OPINION Defendants here seek dismissal, pursuant to Rule 12(b), Fed.R.Civ.P., (i) of plaintiff’s claims premised on Title VII of the Civil Rights Act of 1964, (ii) of plaintiff’s claims under the Fourteenth Amendment and (iii) of certain of the defendants upon grounds of insufficiency of service of process. For the reasons set forth below, the motions to dismiss certain defendants for insufficienc...
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OPINION The plaintiff in this case is a former member of the New York Police Department. In 1974 the Department initiated disciplinary proceedings against him, and a series of departmental hearings, negotiations and state court adjudications followed. The departmental proceedings terminated when the parties reached a compromise agreement which purported to be “a final settlement of all cl...
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This is a civil rights action (42 U.S.C. § 1983) seeking damages against four individual defendants and two child-caring institutions. Plaintiff Josephine Duchesne, suing as the personal representative of her deceased daughter, Paulina Perez, moves pursuant to Rules 19, 20 and 21 of the Federal Rules of Civil Procedure for an order directing that the complaint be amended to include the City of ...
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MEMORANDUM-DECISION and ORDER This action presents what may be a question of first impression under 15 U.S.C. § 2301 et seq. [Consumer Product Warranties Act], popularly known as the Magnuson-Moss Warranty Act. Plaintiff, Paul *543 Novosel, has brought suit against defendants Northway Motor Car Corporation (Northway), an authorized Buick dealer with its principal pl...
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The movant, now serving a sentence following his conviction before this Court of interstate transportation of stolen securities and conspiracy to do so, seeks to change his name on the judgment under which he was committed from Albert Duke, also known as “Alphonso Johnson,” to Munir Abdur-Al Rahmah. The movant states he changed his name for religious reasons and requests the order of this Court s...
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MEMORANDUM AND ORDER Plaintiffs Jane Doe and .Sally Roe, seeking to represent a class of similarly situated women, have instituted this action for in-junctive relief and damages pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., against First City Bancorporation of Texas, Inc. (Bancorporation) and ten member banks of that bank holding company, including First City ...
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MEMORANDUM OPINION This cause came on to be tried by this court, sitting without a jury. This memorandum opinion is being issued in lieu of findings of fact and conclusions of law, pursuant to Rule 52(a) of the Federal Rules of Civil Procedure. This court has jurisdiction pursuant to 28 U.S.C. § 1332. Plaintiff claims that he, as a retired coal miner, was entitled to pension benefits from the Uni...
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OPINION Timothy Steele is an eight year old boy whose father is a soldier in the United States Army. Timothy received medical care as a medical dependent at the Eye Clinic, Bassett Army Hospital, Fort Wainwright, Alaska, in 1973 and 1974. This litigation stems from a claim brought on Timothy’s behalf by his father against the United States for loss of Timothy’s right eye. The Federal Tort...
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RULING ON MOTION TO DISMISS The defendants have moved to dismiss the complaint arguing that this Court lacks subject matter jurisdiction and that the complaint fails to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(1), (6). The plaintiff charges that he was deprived of his constitutional rights by the defendant Connecticut State Police officers through their publicati...
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RULING ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This is a products liability case involving the use of an oral contraceptive. On November 15, 1972, the plaintiff’s physician issued to her a prescription for Demulen 21, a birth control pill, obtainable only by prescription. On November 19, 1973, she suffered a cerebrovascular accident which resulted in her partial blindness and some perm...
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OPINION AND ORDER REMANDING CASE TO THE CIRCUIT COURT FOR THE COUNTY OF WAYNE, STATE OF MICHIGAN Plaintiff Jackie McMurry was injured in an automobile accident that occurred June 12, 1977, while she was a passenger in an automobile driven and owned by one L. C. King. Plaintiff, who is a Michigan resident, filed suit in the Wayne County Circuit Court under the Michigan No-Fault Insurance A...
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MEMORANDUM OPINION On August 7, 1978, we entered our faculty reassignment order which provided for the distribution of not more than 60% of teachers of one race in each school. We concluded that this distribution was essential to assure an adequate interaction between Detroit school children and teachers of both races. We provided that this distribution should take into account the qualifications ...
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462 F.Supp. 614 (1978) Clarence E. NEVILLE, Petitioner, v. UNITED STATES of America, Respondent. No. 78-528C(B). United States District Court, E. D. Missouri, E. D. October 23, 1978. *615 Clarence E. Neville, pro se. *616 MEMORANDUM REGAN, District Judge. This action is before the Court upon the motion of Clarence E. Neville under 28 U.S.C. § 2255 to vacate and set aside his sentence imposed in...
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OPINION Plaintiffs’ original complaint in this action was filed on May 12, 1976. By the opinion of the Honorable Marvin E. Frankel, dated December 2, 1976 (73 F.R.D. 569 (S.D.N.Y.1976)), plaintiffs’ motion for conditional class certification as to defendants Fluor Corporation, Mitchell Hutchins, Inc. and Manufacturers Hanover Trust Co. was granted. By the first amended complaint, served March 31,...
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OPINION Plaintiffs in this action are limited partners in Carson CATV Associates (the “Partnership”), a California limited partnership. Defendants are S.C. Communications Corp., the general partner of the Partnership, and various corporations and individuals alleged to be, directly or indirectly, in control of defendant Carson Television Company, which sold equipment used in the cable televisio...
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OPINION Petitioner, Donald Orr, is currently incarcerated in the Bronx House of Detention, serving consecutive sentences of ten to twenty and three and one-half to seven years, pursuant to his conviction on four counts of robbery and criminal possession of a weapon, after a jury trial in the New York County Supreme Court. Having appealed the conviction in the state court system without su...
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MEMORANDUM I. Defendant Norman Turkish has moved for dismissal of the indictment against him *905 or for suppression of evidence, claiming that the attorneys who represented him in the investigatory phases of this case had a conflict of interest, that he did not waive any rights to object to the conflict, and that the government exploited the conflicted position of his p...
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MEMORANDUM OPINION AND ORDER . The petitioner Mr. William Thomas Houston, a person in the custody of the respondent-warden pursuant to the judgment of April 29, 1977 in State of Tennessee v. William Thomas Houston, no. 12331 in the Criminal Court of Washington County, Tennessee, claims that he is in such custody in violation of the Constitution, First, Fifth, Sixth a...
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ORDER AND MEMORANDUM There is now before the Court defendant Chase Resources Corporation’s motion to dismiss. The Court having considered said motion, plaintiff’s response thereto, and having heard oral argument has determined that defendant Chase Resources Corporation’s motion to dismiss should be denied. The plaintiff seeking to establish the jurisdiction of a federal court ha...
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MEMORANDUM AND ORDER The plaintiff, Raphaella C. Morton, commenced this action in the United States District Court for the Eastern District of Wisconsin, alleging that she was terminated from her employment with defendant, She-boygan Memorial Hospital, in violation of the Age Discrimination in Employmént Act of 1967 (ADEA), 29 U.S.C. § 621. The defendant has filed a motion for summary judgment,...
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DECISION and ORDER This is an action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petitioner alleges that he is confined in violation of the United States Constitution because the trial court considered, in imposing sentence, its belief that the petitioner and his co-defendant had presented a sham defense by bringing in witnesses to lie for the defense, and because the trial court...
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MEMORANDUM OPINION This is an action under the Federal Tort Claims Act, 28 U.S.C. § 2671, et. seq., and its jurisdictional counterpart 28 U.S.C. § 1346. The case is presently before the Court on the Defendants’ Motion to Dismiss the Complaint filed on May 19, 1978. *793 The Court notes at the outset that jurisdiction is lacking with respect to the individual named...
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MEMORANDUM OPINION AND ORDER THAT CAUSE IS NOT MOOT (After Hearing per Order of U. S. Supreme Court) I. INTRODUCTION Following this Court’s ruling, given orally on October 31, 1977, and by way of written opinion dated November 2, 1977, that the 10% minority business enterprises provision of the Public Works Employment Act, as amended, 42 U.S.C. § 6705(f)(2), violated both the constit...
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FINDINGS, CONCLUSIONS AND ORDER OF DISMISSAL In this case the United States of America seeks declaratory and injunctive relief against Westinghouse Electric Corporation (Westinghouse), Mitsubishi Electric Corporation (Melco), and Mitsubishi Heavy Industries, Ltd. (MHI), for alleged violations of Section 1 of the Sherman Act between an unspecified date in 1965 and April 22, 1970, the date ...
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ORDER OF DISMISSAL For reasons which are both elusive and obscure, I have been asked once again, to determine whether the gustatorial attainments of the provisioners at the Colorado State Reformatory at Buena Vista pass constitutional muster. My previous foray into the practice of culinary arts at the subject *1016 institution concerned peripatetic cockroaches and electrified steamtables whic...
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MEMORANDUM OPINION This Freedom of Information Act [FOIA] matter is before the Court upon the parties’ cross motions for summary judgment. In 1975, plaintiffs requested that defendant Central Intelligence Agency [CIA] furnish documents “pertaining to the investigation not only locally, but nationally, of the controversy in the Serbian Orthodox Church, and more particularly any interference or i...
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ORDER This action for breach of contract and conversion was filed by Florida Realty against General Development Corporation *782 (GDC) in Missouri State Court on July 24, 1975. On December 3,1975 it was removed to the United States District Court in Missouri, and on December 5th defendant sought removal of the action to the Southern District of Florida. That matter was contes...
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OPINION Before DUEÑAS and HILL, District Judges, and BURNETT, Designated Judge. In this case we consider the effect of a very long delay in the preparation of a reporter’s transcript of the trial, upon an appeal of a criminal conviction in the Superior Court of Guam. Defendant Olsen was convicted in that court on September 11, 1975, of burglary in the second degree (2 counts), assault with ...
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MEMORANDUM OPINION This matter comes before the court upon petitioner’s Application for a Preliminary Injunction. For the reasons set forth below, the motion is granted. The Federal Trade Commission (FTC) is an agency of the United States Government charged by law with, inter alia, the enforcement of the Federal Trade Commission Act, 15 U.S.C. § 41 et seq., and the Clayton Act, 15 U.S.C. ...
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MEMORANDUM AND ORDER This matter is submitted to the Court for preparation and entry of an interlocutory Judgment. The issue before the Court is the extent to which the defendants, certain county officials and employees of Metropolitan Correctional Services Department, referred to hereinafter collectively as MCSD, are required to comport to the decision in Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1...
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MEMORANDUM AND ORDER On June 30, 1977, a number of environmental groups and interested individuals filed suit against the Corps of Engineers (hereinafter the Corps), seeking in an eleven count complaint relief from the issuance of a permit by the Corps to the State of Maryland for the construction of a dike and disposal area in the Chesapeake Bay. On October 10, 1977, this court granted t...
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MEMORANDUM AND ORDER This matter comes before the Court upon the motion [Filing # 24] of the defendants to dismiss the portion of 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 summary judgment. The motion asserts that there exists no material issue of fact in that plaintiff has failed to timely comply wit...
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In September of 1975, Milton Schaffner pled guilty in state court to bribe receiving in the second degree 1 and was sentenced to an indeterminate term of imprisonment not to exceed three years. While serving his term, Schaffner filed this petition for a writ of habeas corpus to set aside his conviction on the ground that his guilty plea was coerced by the conduct of the trial judge in violation...
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MEMORANDUM-DECISION and ORDER This lawsuit was commenced on September 8, 1977, by the Attorney General of the United States and charged, in one count, the State of New York and William G. Connelie, Superintendent of the New York State Police, with a “pattern or practice” of resistance to the full enjoyment of rights secured by Title VII of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000e et seq.,...
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OPINION AND ORDER This matter is before the Court on cross motions for summary judgment. The plaintiff has also filed a motion for leave to amend the complaint by interlineation. Plaintiff [hereinafter the Union] brought this case under Section 301 of the Labor-Management Relations Act of 1947, 29 U.S.C. § 185, seeking to enforce the award of an arbitrator rendered on January 16, 197...
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ORDER Plaintiff brings this diversity action alleging that Defendant breached a retail installment contract wherein Defendant purchased certain agricultural equipment (a combine and header) from Wheeler International. In connection with the contract Wheeler International obtained a security interest in the equipment sold and in a 1972 Chevrolet Corvette coupe owned by Defendant. Wheeler Internatio...
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MEMORANDUM AND ORDER Plaintiff, Steaks Unlimited, Inc., brought a diversity action seeking damages from the defendants, (1) Donna Deaner, who was formerly a reporter for WTAE-TV, (2) WTAE-TV, which is a division of the Hearst Corporation, and (3) the Hearst Corporation. The plaintiff alleged that it was defamed during a consumer affairs portion of a WTAE-TV news telecast in which Ms. Deaner repor...
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ORDER ON DEFENDANT’S MOTION TO DISMISS This matter comes before the court upon several motions 1 filed by defendant on April 21, 1978. Defendant alleges that the complaint fails to state a claim upon which relief can be granted, the court lacks jurisdiction over the subject matter of this action 2 and that there is no justiciable case or *420 controversy...
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*272 OPINION ON APPEAL This action originated when the Plaintiffs, Virginia Capital Corporation, Sack-man-Gilliland Corporation, Jack Levine, Benjamin Malman, and Arthur Malman (hereinafter called the “Malman Group”) filed a motion requesting that the automatic stay be lifted to permit the Malman Group to foreclose certain claimed lien rights upon a 10.47 acre tract of land (here...
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ORDER The plaintiff, Mariano S. Falcon, a Mexican-American, was hired by General Telephone on July 7,1969. He brought this suit against General Telephone for himself and Mexican-Americans similarly situated on April 3, 1975, alleging discrimination in hiring and promotion. Judgment was rendered on March 22, 1977, the Court finding that Falcon was not discriminated against in hiring, ...
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MEMORANDUM OPINION This is a suit by the Trustees of the United Mine Workers of America Health and Retirement Funds for moneys due under the provisions of a collective bargaining agreement, namely the National Bituminous Coal Wage Agreement of 1974, executed by the defendant on April 25, 1977. Under the terms of the agreement, defendant was required to pay to the Funds eighty-two cents per ton ...
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MEMORANDUM OPINION This case is before the Court on the plaintiff’s motion for class certification and the defendants’ motion to dismiss. For the reasons hereinafter stated, the Court will grant plaintiff’s motion for class certification in part and will grant defendants’ motion to dismiss in part. 1 I. BACKGROUND Plaintiff, the Founding Church of Scientology of Washingt...
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MEMORANDUM OPINION Presently before the Court is the defendants’ motion to dismiss for lack of personal and subject matter jurisdiction on sovereign immunity grounds. For the reasons hereinafter stated, the Court will grant the defendants’ motion and dismiss the action. Larry L. Upton, Michael John Mintz, and Alfred E. Caswell, citizens of the United States, were awaiting departing f...
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MEMORANDUM This case is before the Court on the defendants’ motion to dismiss. Defendants argue that count I (the ERISA claim) should be dismissed because the court lacks subject matter jurisdiction under 29 U.S.C. § 1132; count II (breach of contract claim) and count III (estoppel claim) should be dismissed because there is no federal jurisdiction over these claims. Plaintiffs respond th...
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DECISION AND ORDER Jurisdiction in this suit for patent infringement rests upon 28 U.S.C. § 1338(a). Plaintiff, Deere & Company, is a Delaware corporation having its principal place of business in Moline, Illinois, in this district. Defendant, International Harvester Company, is a Delaware corporation having its principal place of business in Chicago, Illinois. Both parties are manuf...
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458 F.Supp. 197 (1978) UNITED STATES of America, Plaintiff, v. Willie H. DENNIS, Defendant. No. 78-142 CR (3). United States District Court, E. D. Missouri, E. D. October 19, 1978. Stephen B. Higgins and Georgia M. Goslee, Asst. U. S. Attys., U. S. Dept. of Justice, St. Louis, Mo., for plaintiff. Irl B. Baris, St. Louis, Mo., for defendant. *198 MEMORANDUM NANGLE, District Judge. This matter is...
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MEMORANDUM This is an action on a charter party executed in Italy for hire of the vessel BOSNIA. Plaintiff obtained an ex parte order of attachment in state court, which was modified and confirmed upon removal to this Court. Plaintiff now moves for an order of attachment against two individuals and eight corporations alleged to be related to the defendant and participating in a...
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MEMORANDUM-DECISION AND ORDER This Opinion is addressed to two separate actions presently before the Court — one as an action to enforce'’ a Collective Bargaining Agreement under Section 301 of the Labor Management Relations Act, 29 U.S.C § 185, the other to vacate an arbitrator’s award pursuant to the United States Arbitration Act, Title 9 U.S.C. §§ 1-14. Both actions involve the same par...
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OPINION Plaintiffs bring this action on behalf of themselves and all former residents of the Ta Chen Islands, presently in the United States. In their application for preliminary injunction, brought on by Order to Show Cause, plaintiffs seek to enjoin the Immigration and Naturalization Service (“INS”) from taking any administrative action while this Court reviews the denial of their application...
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OPINION AND ORDER This matter is before the Court on the motion of the plaintiff, Michele K. Barr, for declaration of a class action and the motion of the defendant, General Motors Corporation, to strike the reply memorandum of the plaintiff to the memorandum contra the motion to certify the class. The plaintiff purchased an automobile from the defendant Quality Chevrolet, Inc., on August 30, 197...
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OPINION I. History of Case The instant matter involves the motion of Bell Telephone Company of Pennsylvania, pursuant to Rule 47 of the Federal Rules of Criminal Procedure, to modify the order of this court dated September 5, 1978. The order authorized the installation of a pen register, i. e., touch tone decoder, and a terminating trap to a subject telephone within the jurisdiction of this court...
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OPINION Presently before the court is the motion of plaintiff, Victoria Station, Inc., for a preliminary injunction. Plaintiff alleges that defendant, Clarefield, Inc., has infringed upon plaintiff’s trademark, “VICTORIA STATION,” in violation of the Lanham Act, 15 U.S.C. § 1051, et seq. After careful consideration of the briefs of the parties and the evidence adduced at the hearing of Oc...
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MEMORANDUM AND ORDER Plaintiffs Poles, Inc. (“Poles”) and W. F. Keegan & Company, Inc. (“Keegan”) are corporations organized under the laws of the Commonwealth of Pennsylvania; each has its principal place of business in Pennsylvania. The defendant is the Estate of William H. A. Beecker (“Beecker”). Beecker, formerly of New Britain and Chalfont, Pennsylvania, died May 29, 1975. The Estate...
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ORDER Nelson-Dykes Co., Inc. seeks dismissal urging that this court lacks jurisdiction because Dorsey Turner’s charge filed with the Equal Employment Opportunity Commission was unsworn. Defendant’s motion to dismiss is DENIED. Defendant relies upon EEOC v. Appalachian Power Co., 568 F.2d 354 (4th Cir. 1978), where dismissal of the EEOC’s suit was based on the 1972 amendments which placed the same...
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ORDER The Union of Iranian Students, a campus-recognized organization at Texas Tech University, applied to the school for a permit to hold a peaceful demonstration against the Shah of Iran on the Tech campus. The University granted the permit, with the proviso that during the march, the students could not wear masks. Because the Shah’s son, the Prince, is residing in Lubbock, and because anti-S...
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MEMORANDUM On 13 June 1978 plaintiff filed this complaint seeking the right to examine the financial records of his union as authorized by 29 U.S.C. § 431(c). The statute provides that the labor union must make available to its membership the information required to be contained in its annual report to the Secretary of Labor. Further, the statute imposes a duty upon a union and its office...
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DECISION and ORDER This matter is before me on the appeal by Classified Insurance Company of an order of the bankruptcy court dismissing the bankruptcy petition of Vincent B. Zbytniewski. Mr. Zbytniewski filed a petition for voluntary bankruptcy in the United States district court for the eastern district of Wisconsin on March 13, 1978. After Mr. Zbytniewski was adjudged bankrupt and a trustee was...
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DECISION and ORDER This matter is before me on the motion of the plaintiff to strike the defendants’ demand for a jury trial and on the defendants’ motion to strike several of the plaintiff’s allegations in its complaint. This action was brought by the United States to enforce Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the non-discrimination provisions of the State and L...
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MEMORANDUM OPINION This is a Title VII action instituted under the provisions of 42 U.S.C. §§ 2000e-2, 2000e-3. The material facts are not in dispute and may be summarized as follows: Plaintiff Abraisto Vincent Romero, a Mexican-American, became an employee of Union Pacific Railroad Company on October 9, 1975 as a laborer in the Laramie panel yards, Laramie, Wyoming. Upon entry into the service o...
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MEMORANDUM OPINION AND ORDER Plaintiff brings this action against Dean Witter & Co., two of its employees, and Thomas S. Rhoades and Linton D. Kings-bury. He alleges that in August 1976 he turned over to Witter some $66,000 to be used for trading in commodity futures contracts for plaintiff’s account. The second amended complaint sets forth in twelve claims various wrongful acts by defend...
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OPINION The motions before the Court address the Court’s jurisdiction and they raise fundamental issues concerning the discovery that should govern the future path of this antitrust litigation. A recapitulation of the history of this case will be helpful to an understanding of these issues. The complaint was filed on November 20, 1974. It alleges violations of Section 2 of the Sherma...
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OPINION General Foods Corporation (“General Foods”), a Delaware corporation, brought this action against Haines and Company, Inc. (“Haines”), an Ohio corporation, to recover on a written agreement executed by Haines to General Foods which guaranteed the payment of all purchases made by Haines’ wholly-owned subsidiary, P. S. Truesdell Company (“Truesdell”), from General Foods. According to...
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ORDER This is a proceeding on a state prisoner’s petition for a writ of habeas corpus. 28 U.S.C. § 2254. Before the court is respondents’ motion to dismiss or for summary judgment. This motion will be granted. The allegations of the petition are extremely sparse. They indicate that on December 13, 1973, petitioner pled guilty in the Circuit Court of Cook County to charges of armed robbery and...
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MEMORANDUM OPINION This is an action for judicial review of a final decision by defendant, Secretary of the Department of Health, Education and Welfare, denying plaintiff extended care service benefits on the ground that plaintiff had exhausted the number of days of coverage for skilled nursing home care to which he was entitled under “Medicare,” 42 U.S.C. § 1395 et seq. The on...
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MEMORANDUM ORDER This matter comes before the court upon the motions of the defendants, the City of Minneapolis and the Minneapolis Housing and Redevelopment Authority, to dismiss the complaint herein pursuant to Rule 12 of the Federal Rules of Civil Procedure. Both of these defendants seek to dismiss the complaint, as against them, for lack of subject matter jurisdiction (Rule 12(b)(1)) ...
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MEMORANDUM OPINION AND ORDER CONVERTING CIVIL PLAINTIFFS’ PENDING MOTION INTO INDEPENDENT PROCEEDING AND TRANSFERRING CASE TO THE DISTRICT OF KANSAS FOR ALL FURTHER PROCEEDINGS Three corporations and three individuals were charged in a one-count indictment returned in this district with having engaged in a conspiracy in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, in the sale...
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OPINION This litigation grows out of an administrative subpoena issued to Wearly, who is chairman of Ingersoll-Rand (I-R), which in turn owns all the stock of its subsidiary, Torrington. The subpoena was issued in connection with a non-public investigation designed to look into the question of antitrust aspects of activities or arrangements conducted through joint ventures, stock acquisit...
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OPINION This action for alleged violations of certain antitrust and price control laws is brought against Mobil Oil Corporation (“Mobil”) by three wholesale distributors of Mobil products on behalf of themselves and all others similarly situated. In the two motions presently before the Court, plaintiffs seek class action determination under Rule 23 of the Federal Rules of Civil Procedure and Mobi...
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OPINION AND ORDER Petitioner, Israel E. Taylor, was accused of the shooting death of James Stone in New York City on November 15, 1973. He proceeded to trial before Justice Peter McQuillan, Justice of the Supreme Court, New York County, and a jury on February 5, 1976. At the trial, petitioner elected to testify in his own defense. On February 17th the jury convicted him of manslaughter in the firs...
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This is a hard fought litigation over a fund presently held by the Consul General of Lithuania, duly appointed by the regime that was in authority prior to the annexation of Lithuania by the Union of Soviet Socialist Republics (“USSR”), an act which to date remains unrecognized by our Government. The fund results from the administration of the estate of John Daniunas, who died intestate in 1931...
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MEMORANDUM AND ORDER By their complaint filed April 17, 1978, plaintiffs seek to sue on their own behalf and as representatives of a class consisting of all females who are presently or who at any time since May 29, 1975 have been employed, or have sought employment, or may subsequently seek employment from defendant Ogilvy & Mather (hereinafter “Ogilvy”) as “officials, managers or professionals,...
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MEMORANDUM Joseph F. Cordovano moves to vacate his sentence and for a hearing pursuant to 28 U.S.C. § 2255. For the reasons hereafter set forth, the motion is denied. *1008On June 27, 1972, this Court sentenced Cordovano to 16 years in prison. The sentence was governed by former 18 U.S.C. § 4202 (a similar provision is now codified at 18 U.S.C. § 4205(a)), which makes a prisoner eligible to be con...
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MEMORANDUM ORDER The State Fair has a day for school children, teachers, farmers, and others. It is, I suppose, in keeping with the times that October 17th is Federal Judges Day. The International Society for Krishna Consciousness (ISKCON) asks this court to stop City of Dallas police officers, the State Fair of Texas, a nonprofit corporation, and others from interfering with their soliciting of f...
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*793 MEMORANDUM This is the latest in a very long and complicated series of transactions, both commercial and legal, involving the construction of a nuclear power station for the Virginia Electric and Power Company (VEPCO) on the North Anna River near Mineral, in Louisa County, Virginia. Defendants American Motorist Insurance Co. (AMI) and Continental Casualty Company have moved ...
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This case arises out of a dispute between plaintiff Steelworkers Cooperative Local Lodge 1849 (“the Union”) and the defendant Tubular Products Division of the Bab-cock & Wilcox Company (“the Company”), concerning the proper job evaluation and wage rate for the position of draw bench operator. On January 17,1974, a grievance was filed seeking a re-evaluation upwards for the position of draw bench o...
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This action concerns the rights of plaintiffs, Michigan Department of State Highways and Transportation (MDT) and Michigan Interstate Railway Company (MIRC), with respect to some 10 miles of track between Durand and Owosso, Michigan, formerly owned by the bankrupt Ann Arbor Railroad Company (Ann Arbor). The facts appearing from the pleadings and affidavits are as follows: The Final System Plan (FS...
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MEMORANDUM OPINION This matter is before the Court on cross-motions for summary judgment. The question presented to the Court for review is whether the Occupational Safety and Health Administration (hereinafter referred to as “OSHA”) of the Department of Labor exceeded its authority in amending an interpretive guideline regarding payment of employees for normal work time spent accompanying OSHA...
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DECISION ON DEFENDANT’S MOTION TO DISMISS CLAIM OF RELIGIOUS DISCRIMINATION Franklin D. Reese filed this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., against his former employer, Abbott Laboratories, alleging that he was discharged because of his race and color. This court has jurisdiction over the matter, plaintiff having received a Right to Sue Letter f...
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OPINION AND ORDER This matter comes before the Court on the motion of defendant Superior Overseas Development Company Ltd. (hereinafter “Superior Overseas”) to dismiss this action pursuant to Rule 12(b)(2), Federal Rules of Civil Procedure, for lack of personal jurisdiction. This Court has previously disposed of two motions of defendant Superior Oil Company (hereinafter “Superior”) in an ...
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MEMORANDUM This matter is before the Court upon the motion [Filings # 3 and # 4] of the defendant to dismiss subsequent to the submission of briefs and oral argument before the Court on September 22, 1978. ‘ This is an action for declaratory judgment pursuant to 28 U.S.C. § 2201 (Cum. Supp.1978). Plaintiff, H. Lee Gendler, trustee, under a trust agreement dated March 15, 1966, is a r...
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MEMORANDUM Plaintiff, a New York corporation, commenced this suit in Supreme Court, New York County, predicating jurisdiction on an ex parte order of attachment issued pursuant to N.Y.C.P.L.R. § 6201 against New York debts owed to defendant, a Delaware corporation whose principal office is in Illinois. After the case was removed to this Court pursuant to 28 U.S.C. § 1441(b), defendant mov...
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MEMORANDUM In this action, third-party defendant Haber & Henry, Inc. (“H & H”) moves pursuant to the Federal Arbitration Act, 9 U.S.C. § 3 (“the Act”), for a stay of proceedings against it pending arbitration. In the original diversity suit, Schulman Investment Company (“Schulman”), a New York partnership, sued Olin Corporation (“Olin”), a foreign corporation authorized to do busi ...
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Memorandum of Decision and Order Seeking both injunctive and monetary relief, plaintiff, a former professor of African Studies at Brooklyn College, commenced this suit against the College, several members of its faculty and administration, and the Board of Higher Education, charging that the defendants violated 42 U.S.C. §§ 1981 and 1983 and § 504 of the Rehabilitation Act of 1973, 29 U.S...
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MEMORANDUM-DECISION and ORDER This is a private “complaint” suit instituted pursuant to the Civil Rights Act of 1964, Title VII, §§ 701 et seq., as amended by the Equal Employment Opportunity Act of 1972, 42 U.S.C. §§ 2000e et seq., alleging employment discrimination on the basis of religion. See 42 U.S.C. § 2000e-2. Plaintiff Ralph H. Silver was employed ...
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OPINION Plaintiffs, owner and lessee respectively of real property in the City of New Rochelle, seek damages from the defendant New York State Thru way Authority (“Authority”) for injuries resulting from the discharge onto plaintiffs’ property of oil, sand, debris and chemicals from a drain constructed by the defendant on adjacent lands. In addition to damages, plaintiffs seek permanent i...
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ORDER GRANTING WRIT OF HABEAS CORPUS On August 17, 1976, between 8:30 and 9:00 p. m., Jimmy Small, owner of Jimmy’s Market on Old Statesville Road north of Charlotte, was fatally shot during an attempted robbery of his store. In prosecutions arising out of the attempted robbery and killing, the State contended that four persons — Kenneth Charles Martin, Ernest Williams, Annette Boulware, and petit...
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MEMORANDUM AND ORDER Plaintiff, Fred Prochaska, has been employed as a caseworker for the Lawrence County Child Welfare Services (“Services”). As a result of his differences with the Services’ Administrator, defendant John E. Fed-iaczko, and the defendant, the Honorable John Henderson, Presiding Judge of the Court of Common Pleas of Lawrence County, New Castle, Pennsylvania, in connection...
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MEMORANDUM This case presents a picture of persistent and studied indifference by the plaintiffs to court orders and to the time requirements of the Federal Rules of Civil Procedure. The litany of defiance follows: On October 20, 1975, mea sponte, I ordered briefs to be filed on the question of subject matter'jurisdiction. The plaintiffs’ brief was due on November 4th. November 4th came and went ...
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MEMORANDUM The defendant, Nicolet, Inc. (“Nicolet”), has moved for partial summary judgment in a series of related products liability cases arising out of the alleged exposure of the plaintiffs to various asbestos products. In 1962, Nicolet purchased from Keasbey & Mattison Company (“K & M”) most of the assets that had been used in K & M’s industrial products division. Nicolet argues that...
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MEMORANDUM OPINION In early 1976 Michael J.. Vaughn and M.J.V., Inc. owed a note payable to the F.S.B. Liquidating Trust in the amount of $1,887,034.00. The note was secured by 30,-300 shares of stock in the American Bank of Waco, Texas. Robert A. Mann and Walter J. Rusek, Trustee for certain trusts created for the three Mann children, controlled the F.S.B. Liquidating Trust and told Vaughn and...
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OPINION AND ORDER Plaintiffs filed these suits in March, 1978, alleging that defendant had engaged and was engaging in racially discriminatory employment practices in violation of 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. 1 Plaintiffs and defendant have moved for summary judgment on certain issues i...
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MEMORANDUM OPINION and ORDER Defendant Paul Tennant has moved to dismiss plaintiffs’ complaint against him on two grounds, lack of jurisdiction over his person and failure to state a claim upon which relief can be granted. This case arises from the collapse during last winter’s snow and ice storms of the roof of the Heck’s Department Store just north of Rad-ford, Virginia. Plaintiffs, own...
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OPINION This case calls into question the constitutionality of a California statute (herein “the statute”) authorizing the State of California Department of Health Services (herein “California” or “the State”) to revoke or suspend the license of any clinical laboratory which advertises “clinical laboratory procedures to the lay public in magazines, newspapers, directories, circulars, sign...
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MEMORANDUM OF DECISION This is an appeal taken pursuant to Bankruptcy Rule 801 from an award of attorney’s fees to special counsel as a Chapter XI administrative expense, directing forthwith payment thereof in advance of the payment of other costs of administration. Appellee special counsel sought and was granted in the bankruptcy court an award of fees as the result of the settlement of a case i...
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RULING ON MOTIONS FOR SUMMARY JUDGMENT ON THE DEFENSE OF USURY In this diversity suit the plaintiff seeks to recover a balance due from the defendant for goods and supplies sold to the defendant. In response to Requests for Admission the defendant admits that it received goods and supplies ordered from the plaintiff and that it has not paid for them in full. In addition to the dispute abo...
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MEMORANDUM OF DECISION This case presents the question of whether the Employee Retirement Income Security Act of 1974 (ERISA) preempts provisions of a state’s anti-discrimination law insofar as that law affects employee welfare benefits. Plaintiff and the union that represents its production and maintenance employees have collectively bargained for the establishment of an employee we...
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DECISION In July, 1970, the County of Hawaii commenced an eminent domain action to acquire Plaintiffs’ 1 seashore land for public use as a beach park. The land was describ *475 ed in the Complaint (Ex. PI, Doc. 1) as “All of Lot 3, Land Court Application 1814, as shown on Map 1.” As shown by Map 1 (Ex. SI), Lot 3 is shorefront land, bounded inland by a road and sea...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action arises from the disapproval by the Attorney General of the State of Indi *251 ana of a proposed contract 1 between the Public Counselor of the State of Indiana and the Citizens Energy Coalition of Indiana, Inc., d/b/a Citizens Action Coalition of Indiana. Plaintiffs’ complaint alleges in substance that the defendants have violated their co...
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Some twelve years ago, a privately owned dormitory was constructed near the campus of the University of West Virginia in Mor-gantown, West Virginia. Disputes among various interested parties arising out of the construction of this building have led to a plethora of litigation in West Virginia state and federal courts and in this Court, culminating in the filing of the pending diversity action. ...
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MEMORANDUM This matter is before the Court upon the motion of defendant United States of America for summary judgment. Plaintiffs brought this suit pursuant to the Federal Tort Claims Act, seeking damages for the death of their child, Lance Corporal Charles K. Miller. Plaintiffs allege that their decedent died while on liberty status when exiting by motor vehicle from Marine Corps Air Station, Kan...
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OPINION Plaintiff Jerry B. Klein (“the Trustee”), the trustee for the liquidation of the business of JNT Investors, Inc. (“JNT”), brought this action to recover the value of certain of JNT’s assets allegedly transferred to defendant S. Wolfe Emmer (“Emmer”) by JNT through its founder and president, defendant Jay N. Tabatchnick (“Tabatchnick”), in two transactions. The first transaction in...
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OPINION Defendant Vito Ternullo, at the time of the acts complained of, was Superintendent of Fishkill Correctional Facility, which included Matteawan State Hospital for the Criminally Insane (“Matteawan”). 1 Following a jury trial, Ternullo moves pursuant to Rule 50(b), Fed.R.Civ.P., for judgment notwithstanding the verdict or, in the alternative, for a new trial, on that port...
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OPINION The Underlying Charge In August, 1974, plaintiff filed a charge with the Equal Employment Opportunity Commission (“EEOC”) accusing defendant, Eastern Railroad Association (“ERA”), of maintaining policies and practices that discriminated against her as a female employee because of her sex. The charge cited two acts of alleged sex discrimination — (1) the refusal in May, 197...
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OPINION Kenneth Brown, in his latest post-eonviction motion, brings this petition under 28 *183U.S.C. § 2255 to challenge various aspects of his convictions and sentence for conspiracy, armed robbery of postal employees and possession of stolen United States money orders. After denial of the petition by this Court, the Second Circuit remanded for consideration of petitioner’s claim that he could ...
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OPINION This securities action presents a good example of a plaintiff’s deep-pocket theory that attempts to stretch the securities laws beyond recognition. The Court finds them not sufficiently elastic to reach this particular pocket. The plaintiff, Cumis Insurance Society (“Cumis”), is the assignee of two credit unions, Wepco and Amcello, who were the victims of a fraud perpetrated ...
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MEMORANDUM AND ORDER This action was brought by a former holder of 100 shares of Louisiana & Southern Insurance Company (L&S) stock, who seeks to maintain the action on his own behalf and on behalf of a class of public shareholders of L&S, other than defendants, between August 19, 1977 and October 3, 1977. The defendants are L&S; The Charter Company (Charter); New Charter Holdi...
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ORDER Plaintiffs American Benefit Life Insurance Company and Louis J. Roussel bring this action against the above named Defendants alleging that the Defendants, in their capacities as officers and directors of United Founders Life Insurance Company, tortiously interfered with Plaintiffs’ rights to the ownership of approximately 3.9 million dollars worth of United Founders’ common stock. Plaintiff...
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MEMORANDUM AND ORDER Plaintiffs, Delores J. and John McCormick, filed a complaint in state court to recover damages arising out of an accident on October 3,1976, in which the defendant, Wendell C. Cooley, collided with a car driven by Mrs. McCormick. Plaintiffs determined through discovery that, at the time of the accident, Mr. Cooley was operating a vehicle apparently within the scope of his e...
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MEMORANDUM OPINION AND ORDER The petitioner Mr. Echol Eugene Head, a person in custody of the respondent warden pursuant to the judgment of October 19, 1977 of the Criminal Court of Sullivan County, Tennessee, applied to this Court for the federal writ of habeas corpus, claiming that he is in such custody in violation of his federal rights against self-incrimination and to due process of law, Cons...
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MEMORANDUM This civil action claiming breach of a contract to lend money and fraudulent representations was initiated by Hugh V. Smith, Jr., and his wife, Sybil M. Smith (Smith), against Housing Investment Corporation of Florida (HIC), Chase Manhattan Realty Capital Corporation, Inc., and Chase Manhattan Corporation. 1 The case was tried to a jury and on May 19, 1978, the jury ...
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MEMORANDUM OF DECISION This three-judge court was convened to consider the constitutionality of 19 U.S.C. § 1305, 1 which prohibits the importation into the United States of several categories of documents and articles, including any writing or document that is obscene or contains: “ . . . any matter advocating or urging treason or insurrection against the United States, or forcible resista...
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ORDER The Court has for consideration the motions to suppress physical evidence related to the boarding and seizure of the MEREGHAN II (hereinafter referred to as the HEIDI). The motions to suppress have been filed by the following Defendants: PURCELL, KNOWLES, POOL, AHUMADA, SANCHEZ, E. CAIDEDO, CORDOBA, MEDINA, NAGUPE, SALAS, and M. YA-BUR. The motions have also been adopted by certain other ...
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MEMORANDUM Plaintiff John E. Distelrath brought this suit pursuant to 29 U.S.C. §§ 186 and 1132, seeking a declaration that he is entitled to retirement benefits under a pension plan administered by defendant. This ease 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, an...
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MEMORANDUM This matter is before the Court upon cross motions for summary judgment. Plaintiffs brought this suit pursuant to 9 U.S.C. § 10, 29 U.S.C. § 185 and 45 U.S.C. § 184 seeking an order vacating an arbitration award. Plaintiff Aircraft Mechanics Fraternal Association [“AMFA”] is a trade union certified by the National Mediation Board as *171the exclusive collective bargaining representativ...
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OPINION AND ORDER Audit Services, Inc., as the assignee of three Montana Carpenters Trust Funds, seek to recover from North Montana Service Industries, Inc. (North Montana), a corporation, the amount of unpaid contributions to the trusts. The contributions were required by the terms of a collective bargaining agreement between the Havre Contractor’s Association and the Central Montana District Cou...
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Tayeb Mukadam sues to set aside, as an abuse of discretion, a decision by the United States Department of Labor denying him certification under § 212(a)(14) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(14). Both Mukadam and the government move for summary judgment in their favor on the basis of the undisputed facts. For the reasons which follow, Muka-dam’s motion is granted and that ...
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OPINION Two defendants have moved pursuant to 28 U.S.C. § 1447(c) to remand this action to state court on the ground that it was improvidently removed to this Court , on the petition of another defendant. In the alternative, the moving defendants seek an order requiring plaintiffs to give security of $2,000 for their costs. For the reasons set forth below, the motion to remand must be gra...
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Memorandum of Decision and Order THE COMPLAINT The individual named plaintiffs who are of Puerto Rican ancestry, bring this action on behalf of their children who attend school in the Patchogue-Medford School District. They claim that their children have English language deficiencies and that they are deprived equal educational opportunity with monolingual English speaking studen...
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ORDER This is an action brought by Plaintiff Dr. Karen Nicholson Paine, M.D., on April 19, 1978, against the Brunswick County Hospital Authority and a number of individuals connected with that institution. Plaintiff alleges jurisdiction under the provisions of Title 28 U.S.C. Sections 1331, 1341, and 2201, asserting that the rights to be secured by this action are rights, privileges and immunities...
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OPINION I. History of Case This is a civil action for compensatory and punitive damages against the University of Pittsburgh and four of its administrators, including Wesley W. Posvar, the Chancellor of the University. Presently before the court is a motion to dismiss the complaint for failure to state a claim against the Chancellor upon which relief can be granted. Jose...
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MEMORANDUM ORDER On August 17, 1976, defendant Jimmy L. Crutchfield injured plaintiff Jimmy L. Kraft in a rear-end truck collision. At the time, Crutchfield was driving a truck that the defendant George F. Phillis owned and leased to B & P Motor Express Company (B & P) under an undated “Equipment Lease Agreement Between Owner and Carrier,” Lease Serial No. 93-6984 (the “Phillis Lease”). As a resu...
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MEMORANDUM AND ORDER Plaintiff appeals from the final determination of the Secretary of Health, Education and Welfare terminating, as of September 1, 1974, plaintiff’s entitlement to disability insurance benefits under Title II and supplemental security income benefits under Title XVI of the Social Security Act. Cross motions for summary judgment have been filed. Because there is substantial evide...
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This is an action for monetary, injunctive, and declaratory relief. Plaintiffs, inmates at the Federal Correctional Institution at Oxford, Wisconsin (FCI-Oxford), contend that defendants have interfered in various ways with the constitutional rights of access to the courts belonging to plaintiffs and other inmates. Jurisdiction is present under 28 U.S.C. § 1331. In their amended complaint, plai...
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OPINION This case is before the Court on a petition for writ of habeas corpus challenging a state court conviction. In 1973, while incarcerated in the state prison, petitioner was charged and convicted of the offense of the possession of a weapon by a state prisoner. Petitioner argues that certain rulings of the trial court made during his trial were so fundamentally unfair that he was denied h...
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Plaintiff is employed by defendant, Plimsoll Marine, Inc., as a seaman aboard defendant’s vessel, the M/V SPANISH FORT. On February 27, 1977, while the vessel was in navigable waters, plaintiff injured his lower back. This injury occurred while plaintiff was in the service of the vessel. Since that time he has received maintenance payments from defendant and its insurer at a daily rate of eight...
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MEMORANDUM This matter is before the Court upon plaintiff’s motion for summary judgment, and defendant’s motions to dismiss, and to require plaintiff to plead in separate counts. Plaintiff filed this suit pro se basing jurisdiction upon 28 U.S.C. §§ 1331 and 1343 seeking monetary relief totalling $129,-200.00. Plaintiff alleges that in 1970, defendant Insurance Company issued two policies to plain...
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OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW This antitrust suit, involving claims and counterclaims for hundreds of millions of dollars among some of the world’s largest oil companies, arises out of events in the Middle East, particularly Libya, in the early 1970’s. Plaintiffs are three brothers: Nelson Bunker Hunt, W. Herbert Hunt and Lamar Hunt, who as partners owned a concession i...
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MEMORANDUM This is an action for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure (“Rules”). Jurisdiction is based upon diversity of citizenship. The parties have stipulated that defendants are liable for breach of contract, and the sole question before this Court is what is the proper measure of damages recoverable by plaintiff for defendants’ breach. For the ...
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OPINION Jurisdiction in this libel action is based upon diversity of citizenship. Plaintiff alleges that he was libeled by a Hustler feature article about William Loeb, publisher of the Manchester Union Leader and the New Hampshire Sunday News, which, among other matters, described the extensive litigation which raged over the estate of William Loeb’s moth...
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OPINION Plaintiff has moved this Court for an order pursuant to Rules 12 and 56 of the Federal Rules of Civil Procedure (FRCP) granting it “summary judgment for the relief demanded in its complaint and striking the ‘Second Amended Verified Answer’ of the defendants and each and every affirmative defense and counterclaim contained therein on the grounds that the defendants have no defense to the c...
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MEMORANDUM OPINION AND ORDER The plaintiff commenced this action under 15 U.S.C. § 754(a)(1) of the Emergency Petroleum Allocation Act of 1973 (“EPAA”) against defendant Department of Energy (“DOE”) for declaratory and injunctive relief to set aside a Remedial Order and Appeal Decision and Order issued by the Federal Energy Administration (“FEA”) to plaintiff Bonray Oil Company (“Bonray”). The ...
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OPINION A one count indictment charges the Defendant Sotirios Floulis under 8 U.S.C. § 1326 with re-entering the United States after he was deported without first obtaining the requisite permission of the Attorney General. At the non-jury trial on May 14, 1978, the Defendant testified and admitted all of the critical facts alleged in the indictment. Particularly, the Government establishe...
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OPINION Plaintiffs, residents of Hampton Township, Pennsylvania, brought this action against the Defendants, who are residents of Canfield, Ohio, for compensatory and punitive damages for injury resulting from misrepresentation by Defendants of the boundaries and condition of property they sold to Plaintiffs. Jurisdiction is founded on diversity of citizenship, 28 U.S.C. § 1332. FIND...
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OPINION This litigation arises out of the named plaintiffs’ firm belief that The Panama Canal Treaty,1 which provides for the eventual transfer of certain United States property to the Republic of Panama,2 is repugnant to *121the federal ^Constitution. Plaintiffs, seeking to redress this alleged departure from the terms of our national charter, filed this complaint pro se on April 4, 1978. The com...
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OPINION The defendant was convicted of failing to appear for incarceration as required by a sentence of court. Post-trial motions contend that he was prejudiced by the Government’s delay in seeking his indictment, that there were trial and suppression hearing errors, and that even under the Government’s contentions as to the facts, he is entitled to a judgment of acquittal. On August 17,1976,...
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OPINION Pending before the Court in this civil action are motions by the defendant Secretary of Health, Education and Welfare to dismiss or in thé alternative for summary judgment. 1 Having held numerous conferences and hearings, together with having required the filing of various briefs and memoranda in this complex Medicare reimbursement action, the Court is now ready to decide the pre-tria...
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ORDER ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND INVOLUNTARY JOINDER OF PARTIES This is a diversity action brought pursuant to 28 U.S.C. § 1332 and commenced by filing of Complaint with the Clerk of Court on September 12, 1977. The plaintiff is a lessee of a building in the Laurens Plaza Shopping Center. Defendants are allegedly builder-designers, owners, and managers of the Shopping ...
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MEMORANDUM OPINION This case involves difficult questions concerning the application of Younger v. Harris to a federal action for injunctive relief against two state prosecutions which allegedly violate the Double Jeopardy Clause of the Fifth Amendment, and the scope of protection against multiple prosecutions afforded by the Double Jeopardy Clause. The plaintiff, Michael Jarvis (Jarvis), see...
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OPINION AND ORDER This is a habeas corpus action filed by a person in state custody pursuant to 28 U.S.C. § 2254. He attacks the validity of his arrest, detainment, and extradition by the State of Colorado. The pertinent facts of this matter are not in dispute. Mr. Howe, the petitioner, was the object of two criminal complaints in the state of North Dakota: the first for a burglary allegedly ...
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MEMORANDUM This is an action for award of attorneys’ fees incurred at the administrative level in a successful effort to remove a reprimand from plaintiff Joseph B. Kennedy’s personnel file. Plaintiff is a federal administrative law judge with the Department of the Interior, Office of Hearings and Appeals. On March 17, 1976, Acting Secretary of the Interior Kent Frizzell officially reprim...
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RULING ON MOTIONS TO DISMISS AND TO STRIKE The plaintiffs, Susan C. Madison and the National Organization for Women, Suffield- *1341 Enfield Chapter (“NOW”), brought this action against Sperry Rand Corporation, Sperry Univac Division, Madison’s former employer, alleging various acts of employment discrimination. The plaintiffs allege that the defendant has violated Title VII ...
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MEMORANDUM OPINION This case involves the fate of thousands of Haitians who are seeking an opportunity to present their claims for political asylum to the United States Immigration and Naturalization Service. It is now before the court on remand from the Fifth Circuit Court of Appeals, after a procedurally complex journey to the United States Supreme Court. In that august forum, the Solicitor G...
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MEMORANDUM OPINION These are actions for personal injuries and damages to property allegedly caused by the collision of one vessel with another in the vicinity of Mackinac Island, Michigan. Jurisdiction is predicated on 28 U.S.C. § 1332, Diversity of Citizenship and 28 U.S.C. § 1333, Admiralty and Maritime. Defendants have filed motions to dismiss for lack of jurisdiction or to transfer t...
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OPINION John R. Tracey, in custody under the provisions of 18 U.S.C.A. § 4213(d), claiming financial inability to retain counsel, has requested the appointment of an attorney to represent him at a parole violation hearing. The application and attached exhibits establish the following facts: Tracey, serving a sentence imposed after his conviction on the charge of possession of heroin, was on March ...
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MEMORANDUM OF DECISION The defendant has filed a motion for partial summary judgment or an order in limine as to the introduction of certain evidence on the trial of the action. The issue has been briefed by the parties and the motion is now ripe for decision. Defendant’s truck was involved in an accident which forms the basis of this suit. The truck was driven by defendant’s employee, Will...
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DECISION This matter is before the Court on a Petition filed by the Regional Director of the Thirty-Second Region of the National Labor Relations Board, pursuant to Section 10(j) of the National Labor Relations Act, as amended, [29 U.S.C. § 160(j)] for a preliminary injunction pending the final disposition of the case designated as Case No. 32-CA — 1069 now pending before the Board. ...
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OPINION Plaintiff, Lloyd, renews his motion in this consolidated action for certification of his action as a class action. Rule 23(c), Fed.R. Civ.P. Plaintiff commenced this action on December 2, 1977 for damages for alleged violations of Section 10(b) of the Securities Exchange Act of 19341 and Rule 10b-52 by the defendants, Syntex Corporation and one of its subsidiaries, certain of the officers...
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OPINION Appellant Henry Suval appeals, pursuant to 11 U.S.C. § 67, from an order of Hon. John J. Galgay, Bankruptcy Judge, designating appellant to perform the duties imposed on the bankrupt La Staiti Associates, Inc. (La Staiti) by 11 U.S.C. § 25(a). 1 The order was based on Judge Galgay’s finding, made after a three-day hearing, that Suval was a “person in control” 2 of the bankrupt withi...
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MEMORANDUM DECISION Defendant’s motion to dismiss the complaint, pursuant to Fed.R.Civ.P. 12(b)(2) for lack of personal jurisdiction, or, in the alternative, to transfer this action to the United States District Court for the Northern District of West Virginia, pursuant to 28 U.S.C. § 1404(a), is denied. In deciding the instant motion, the Court has relied on the affidavits of the pa...
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MEMORANDUM-DECISION and ORDER This litigation presents a novel and important question concerning the scope of § 301 of the Labor Management Relations Act [29 U.S.C. § 185]. That is, this Court is called upon to determine whether § 301 is the source of substantive law for an employer’s claim for damages against individual employees wherein it is alleged that the latter committed wholly ...
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FINDINGS OF FACT, OPINION AND CONCLUSIONS OF LAW This matter is before the Court following trial and the presentation of evidence and testimony. Plaintiff General Motors Corporation seeks a declaratory judgment relieving it from complying with a subpoena duces tecum issued by defendant directing such plaintiff to make disclosure of medical records of its employees. In accordance with Rule...
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OPINION, SUPPLEMENTAL FINDINGS OF FACT, AND FINAL ORDER I. History of the Case Plaintiff Kenneth Owens-El is a former inmate of the Allegheny County Jail *985 (“jail”), Pittsburgh, Pennsylvania. In 1975 he filed a pro se suit challenging the constitutionality of the conditions under which inmates of the jail were confined, seeking money damages and equitable relief. In a separate ac...
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MEMORANDUM This action is brought pursuant to Section 301(a) of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185(a). 1 Plaintiff contends that defendant has dispatched drivers out of their assigned regions in violation of the collective bargaining agreement currently in effect between the parties. Plaintiff requests a preliminary injunction restraining defendant from ...
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MEMORANDUM OPINION AND ORDER Plaintiffs’ and Defendants’ various Motions for Dismissals are before me. Plaintiffs seek a voluntary dismissal without prejudice against all the Defendants and the Defendants allege that this Court has no jurisdiction to entertain Plaintiffs’ claims. I. CLASS ACTION Plaintiffs, in seeking a voluntary dismissal without prejudice under Rule 41(a)(2),1 ignore Rule 23(e),...
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MEMORANDUM This action charges that defendant enforced a price-fixing scheme in violation of Section 1 of the Sherman Act. 15 U.S.C. § 1. The plaintiff, Belk-Avery, Inc., is an Alabama corporation engaged in the retail clothing business. At the time it instituted this action, plaintiff operated eight stores in three states. 1 The defendant, Henry I. Siegel Co., is a New York co...
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MEMORANDUM OPINION This matter comes before the court on plaintiffs’ motion for a preliminary injunction, opposed by defendants. It presents a significant question of administrative law: whether in the absence of explicit statutory authority a federal agency can fund a study by a consumer group of the probable impact of proposed rules upon consumers. The court believes it can, and will de...
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OPINION AND ORDER This cause was initiated in the Florida courts in August of 1977, and the present defendant, Altamil Corporation, was substituted for the original defendant by virtue of an amended complaint served on Altamil on November 3, 1977. The plaintiff’s claim is based upon “serious permanent injury” sustained by the plaintiff as an alleged proximate result of a defective compone...
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ORDER The court has under consideration the plaintiffs’ petition under 42 U.S.C. *447 § 1988, which permits the court, in its discretion, to award reasonable attorneys’ fees to the prevailing party in a civil rights action. The defendants have responded, arguing, inter alia, that this statute does not permit an award of fees against state agencies in cases brought under 42 U.S.C. § 1983. We...
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459 F. Supp. 672 (1978) Awni Ali MASSOUD, Plaintiff, v. ATTORNEY GENERAL OF the UNITED STATES et al., Defendants. No. 78-CV-0630-W-3. United States District Court, W. D. Missouri, Western Division. October 10, 1978. *673 Robert Frager, Kansas City, Mo., for plaintiff. Robert E. Larsen, Asst. U. S. Atty., Kansas City, Mo., for defendants. ORDER RUSSELL G. CLARK, District Judge. Plaintiff, a twent...
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MEMORANDUM This is an action brought by Marvin W. Morse that charges violations of the antitrust laws, breach of contract, tortious interference with a contract, fraud, and negligence. In the instant motion, defendants Max J. Bellest and Coordinating Office, Inc. (“Bellest defendants”) and Pierre Cardin and S.A.R.L. de Gestión Pierre Cardin (“Cardin defendants”) ask for summary judgment p...
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MEMORANDUM AND ORDER Petitioner Edward H. Bennett, Acting Director of Region 2 of the National Labor Relations Board (“the Board”), seeks a preliminary injunction under § 10(7) of the National Labor Relations Act, 29 U.S.C. § 160(7) (“the Act”), 1 to restrain the respondent, Local 456 of the Teamsters and Chauffeurs Union (“the Union”) from picketing claimed to be “secondary” i...
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MEMORANDUM AND ORDER The City of Rochester (“the City”) appeals from an order of the bankruptcy court sustaining the objection of the Trustee in bankruptcy to the City’s proof of claim. On June 15, 1976 the City sent to the Hon. Edward D. Hayes, Bankruptcy Judge, what purported to be an amended proof of claim, citing therein as its original proof of claim an April 5, 1973 letter it h...
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MEMORANDUM AND ORDER Plaintiff Gary Apanewicz, individually and trading as Gary’s Auto and Truck Repair, commenced this action under 15 U.S.C. § 15 (1976) against defendants General Motors Corporation, Ford Motor Company, Chrysler Corporation, and American Motors Corporation for treble damages for injuries sustained as a result of defendants’ alleged violations of Sections 1 and 2 of the Sherman ...
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FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER The plaintiff in this action, Southern Packaging and Storage Company, Incorporated, first came before this Court on August 24, 1978 seeking a preliminary injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure. On August 28, 1978 this Court granted plaintiff’s request and enjoined the United States of America and its agents, the...
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ORDER GRANTING DEFENDANT’S MOTION TO DISMISS Defendant’s motion to dismiss, filed September 11, 1978 brings before the court another in a series of law suits 1 filed by plaintiff seeking redress for his removal for “failure to meet the requirements of your position” 2 , and “undependability in reporting or completing your work.” 3 At the outset it is obvio...
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ORDER ON PLAINTIFFS’ MOTIONS TO AMEND FURTHER THE AMENDED COMPLAINT AND TO AMEND THE FEBRUARY 27, 1975 ORDER Plaintiffs’ Motions to Amend Further the Amended Complaint, to Amend the February 27, 1975 Order and for Reconsideration of the Exclusion of Black Males From the Class require decision by this court. The issues raised by these motions have previously been considered, and decided by the Janu...
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ORDER The petitioner is a South Carolina prisoner serving two sentences for state crimes. He did not appeal either conviction, but he has sought relief in the Court of Common Pleas for Laurens County pursuant to the Uniform Post-Conviction Procedure Act of South Carolina, § 17-27-10, et seq., Code of Laws of South Carolina (1976).1 That Act has no specific statute authorizing a confined applicant ...
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MEMORANDUM AND ORDER William Thomas Kent, Patrick Petroleum Corporation of Michigan, Charles Douglas Robinson, Ronald Lamar Meeks, and Lauren Lee Smith, Jr. have been indicted on numerous counts of violating the federal mail fraud statute (18 U.S.C. § 1341). The Defendants are charged with concocting a scheme to defraud Union Oil Company of California of “(a) its right to have its business and aff...
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MEMORANDUM ORDER This is a Title VII 1 case involving an assessment of attorney’s fees against a private plaintiff. At the original trial the Court awarded defendant $3,000 as attorney’s fees. 2 After affirming on the merits the United States Court of Appeals for the Fifth Circuit 3 remanded the case for this Court’s reconsideration of its assessment of at...
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MEMORANDUM AND ORDER This is an action for a preliminary injunction. The Plaintiffs are engaged in the *1050 import-export business. The present case involves the importation of powdered milk from Canada which is then sold from bonded warehouses belonging to Plaintiffs to purchasers who transport the goods to Mexico. The price of such powdered milk is less than half that of p...
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MEMORANDUM AND ORDER Plaintiffs Munoz and Yoshitomi have claimed that Arizona State University has *671unlawfully discriminated against females and members of minority groups, including themselves, in employment practices such as hiring, promotion, compensation and the like. The two plaintiffs filed their complaint on April 28, 1975 on behalf of themselves and a class of plaintiffs defined as all...
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ORDER I. Introduction This is a class action suit alleging violation of certain anti-fraud provisions of the federal securities laws. On May 4, 1978, the court granted the motion of defendant Bateman Eichler, Hill Richards, Inc. (“Bate-man”) for leave to file a Third Party Complaint against J. Streicher & Co. and others (jointly hereinafter referred to as the “Joint Account”). The Th...
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MEMORANDUM OPINION This case involves several issues relating to the reimbursement of a provider of Medicare services. Plaintiff is Doctors Hospital, Inc., which owns and operates Doctors Hospital located in the District of Columbia. Plaintiff is a wholly-owned subsidiary of Washington Medical Center, Inc. (“WMC”) and is an authorized “provider of services” *204 for Medicare ...
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OPINION Art Metal is the government’s largest supplier of metal office furniture. It com *3 petes for government contracts by submitting bids as solicited by GSA under advertised competitive procurements which are awarded to the lowest priced responsible bidder. During the past few months, in the ordinary course of the government’s procurement process, bids for a variety of m...
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MEMORANDUM OPINION MCI Communications Corporation (“MCI”), a specialized communications common carrier engaged in providing private line communications services for businesses and government agencies between their offices in different cities, is suing the American Teléphone & Telegraph Company (“AT&T”) and its affiliated companies for a conspiracy in restraint of trade, monopolization, at...
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OPINION In this suit Willis Lyght, a black man, charges that defendant Ford Motor Compa *138 ny discriminated against him because of his race by failing to promote him from hourly to supervisory status between 1966 and April of 1973. Until February of 1971 Ford required all supervisors (formerly foremen) to posséss a high school diploma or its equivalent. Lyght himself was not considered fo...
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MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF INJUNC-TIVE RELIEF UNDER COUNT I OF THE COMPLAINT I. Statement of the Case This is an action to enjoin the collection of income taxes. 1 Plaintiff’s income tax liability for the period of January 1, 1978 through May 13,1978 was calculated pursuant to a termination assessment under the provisions of 26 U.S.C. § 6851. Th...
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OPINION AND ORDER This is an action for damages caused to a shipment of 1,303 short tons of soybean meal. Plaintiffs Alfred C. Toepfer, Inc. and Cook Industries, Inc. are two corporations which buy and sell grain, including soybean meal. Defendant Federal Barge Lines owned the barge which carried the meal in question. Defendant Anderson Clayton & Co. (“ACCo”) manufactured and sold the meal and lo...
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OPINION This action arises from the events surrounding the insolvency of the Franklin Na *145 tional Bank (“FNB”) in October 1974. Plaintiff is the Trustee in Bankruptcy (“Trustee”) of the Franklin- New York Corporation (“Franklin New York”), the parent holding company of FNB, and seeks recovery from defendants Federal Deposit Insurance Corporation (“FDIC”) and the Federal Re...
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MEMORANDUM-DECISION AND ORDER This action was brought pursuant to Section 7(b) of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 626(b) (hereinafter “ADEA”), by a former employee of defendant Alcan Sheet & Plate Division of Alcan Aluminum Company. Plaintiff’s action was also founded on the Civil Rights Act of 1871, 42 U.S.C. § 1983. The case is now before the Court on ...
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By motion with supporting papers filed May 17, 1978 defendants move to dismiss the action pursuant to Rule 12(b). Federal Rules of Civil Procedure, on the ground that plaintiff has failed to state a claim upon which relief can be granted. On February 24, 1978 plaintiff filed the complaint herein. The complaint alleges that plaintiff’s application for funding of a public works project was arbitr...
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MEMORANDUM AND ORDER Plaintiff’s decedent was killed when her car skidded on an icy roadway. Plaintiff initially filed suit against the Pennsylvania Department of Transportation (“Penn-DOT”) and various of its employees. Penn-DOT was dismissed as a defendant in 1977, on grounds of sovereign immunity. At that time, the Supreme Court of Pennsylvania had pending before it several cases in which ab...
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*943 MEMORANDUM This case is a contract dispute between the Tennessee Valley Authority (TVA) and one of its former coal suppliers. The plaintiff formerly operated surface mines at three sites in Morgan County, Tennessee, under contracts to sell the coal to TVA. These contracts contain reclamation provisions which TVA accuses plaintiff of violating. After completing the extensive administrativ...
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CONSENT DECREE The parties, through their respective counsel, have reached an agreement or an accord for resolving the issues in the above captioned lawsuit. They seek the Court’s sanction of that agreement through means of a Consent Decree and judicial approval of the same. Being satisfied that the pro *721 posed Consent Decree will reasonably resolve the issues raised by the parties, the Co...
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MEMORANDUM Plaintiff is a corporation which operates restaurants in the District of Columbia. Defendants are the Commissioner of Immigration and Naturalization Service (the Service), the District Director of the Washington office of the Service, and one of the Washington agents. Plaintiff claims that an entry and search of its restaurant and the arrest there of 15 aliens during the s...
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MEMORANDUM This is a complaint to review a decision of the Secretary of Health, Education and Welfare that denied plaintiff’s application 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 action exists pursuant to 30 U.S.C. § 923(b); review of the Secretary’s decision proceeds under the general guidelines o...
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MEMORANDUM OPINION This is an action for copyright infringement and unfair competition. Counts 1-15 are brought under 17 U.S.C. § 101 and § 112. Jurisdiction is invoked under 28 U.S.C. § 1338 and § 1400. Count 16 is brought under 28 U.S.C. § 1338, alleging violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). Count 17 alleges violation of Ill.Rev.Stat. (1973), Ch. ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiffs, Agrico Chemical Company and Continental Insurance Company, (hereinafter referred to as “Plaintiff” or “Agrico”), seek to recover for cargo damage and cargo shortage as a result of a collision between the moored Lash Barge CG-063 and a three Lash Barge tow that was at *641 tempting to navigate through a narrow opening between ...
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MEMORANDUM ORDER I. Third-party defendants, I. R. Posgate and other underwriters at Lloyds subscribing to Reinsurance Contract “GLH No. 1039-61” (collectively, “Posgate”), have moved to stay the proceedings under the third-party complaint herein pending arbitration in Miami. The motion is made pursuant to 9 U.S.C. § 3. 1 The facts reievant to the instant motion can be stated briefly. The ...
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OPINION AND ORDER This is a diversity action brought by plaintiff Marcraft Recreation Corp., a New Jersey company, against defendants Frances Devlin Co., Inc. and Hoelzel S/A, citizens of New York and Brazil, respectively. Plaintiff is a manufacturer of sporting goods equipment, including paddle and racquet products. Defendant Hoelzel, a Brazilian manufacturer of rubber products, al *196 lege...
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FINDINGS AND CONCLUSIONS This action was filed on August 18, 1976, and tried before the Court without a jury beginning on June 6, 1977 and concluding on June 15, 1977. Plaintiffs seek damages and equitable relief based on the contention that defendant has engaged in business practices violative of § 1 of the Sherman Act (15 U.S.C. § 1). Defendant denies liability, and counterclaims for the sum ...
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OPINION The defendant wants a trial. To accomplish it, she seeks to remove an overpowering obstacle — her clear and unequivocal plea of guilty on June 5, 1978 (one day before the scheduled trial date) to a one count indictment charging bank embezzlement in violation of 18 U.S.C. § 656 filed April 17, 1978. Her counsel firmly presented, at the outset of the taking of plea (22 pages of transcri...
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ORDER The plaintiffs in this action are seven (7) enrolled members of the Osage Tribe of Indians, 1 each of whom resides in the State of Oklahoma and owns one or more Osage “headrights”. 2 Originally named as defendants were the Secretary of the Interior and the Commissioner of Indian Affairs (hereinafter “federal defendants”). This action was filed in the United Sta...
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MEMORANDUM OPINION AND ORDER The matter before the court is the motion of plaintiff, pursuant to Rule 60 of the Federal Rules of Civil Procedure, for relief from judgment of dismissal entered on behalf of Joseph Horne Company on September 5, 1978. Judgment was entered for failure of plaintiff’s counsel to comply with orders of this court dated June 7, June 30 *87and August 17,1978.1 The facts conc...
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OPINION Travel of the Case On May 15, 1978 this Court rendered an opinion in this case disposing of five preliminary questions 1 and concluded that: Mr. Patriarca “has standing to intervene and assert claims arising under the fourth amendment, 5 U.S.C. §§ 552, 552a, 702, 706 (1976) with jurisdiction conferred by 28 U.S. C.A. § 1381 (1976)”; “the electronic surveillance...
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MEMORANDUM OPINION AND ORDER This employment discrimination suit has been instituted under Title VII of the Civil Rights Act of 1964 (The Act), as amended, 42 U.S.C. § 2000e et seq. Core Laboratories, Inc. (Core Labs), defendant, has moved to dismiss, alleging that this court lacks subject matter jurisdiction because the written charges of Diane Stewart (Stewart), plaintiff, filed with th...
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OPINION AND ORDER This litigation stems from the termination of plaintiff’s employment as assistant director of the Norfolk Public Library System on March 15, 1978. Plaintiff instituted action on May 9,1978, pursuant to 42 U.S.C. § 1983. Jurisdiction was based on 28 U.S.C. §§ 1331, 1343(3), and 1343(4). Defendants have moved to dismiss the complaints pursuant to Rule 12(b) of the Federal ...
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467 F.Supp. 1316 (1978) MURSOR BUILDERS, INC., Plaintiff, v. CROWN MOUNTAIN APARTMENT ASSOCIATES, the Second Columbus Corporation, American Motor Inns, Inc., Roger F. Moran, Evelyn J. Moran, Irvin Rubin, the Leader Mortgage Company, and Patricia Roberts Harris, Secretary of Housing and Urban Development, Defendants. The SECOND COLUMBUS CORPORATION, Plaintiff, v. Irvin RUBIN, Roger F. Moran, and E...
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476 F.Supp. 495 (1978) William C. KING, Plaintiff, v. ILLINOIS BELL TELEPHONE COMPANY, an Illinois Corporation, Defendant. No. 77 C 3392. United States District Court, N. D. Illinois, E. D. October 4, 1978. *496 *497 Robert S. Bailey, James R. Bellman, Chicago, Ill., for plaintiff. L. Bow Pritchett, Thomas H. W. Sawyer, Chicago, Ill., for defendant. MEMORANDUM OPINION MARSHALL, District Judge. T...
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OPINION In April, 1975 the individual members of the Board of Health of the Town of Essex, Massachusetts filed a complaint in Massachusetts Superior Court seeking an injunction against William H. Allen, alleging that he was maintaining a dump without authorization by the Board of Health, in violation of M.G.L.A. c. Ill § 150A. The sole issue in that case was whether the defendant’s land was a dump...
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MEMORANDUM OF DECISION The court has before it the motion of defendant National Security Fire & Casualty Company (National Security), and the cross-motion of plaintiff Gerald Michael and intervenor North Mississippi Savings & Loan Association (NMSL) for summary *129 judgment, both motions agreeing that there is no genuine issue as to any material fact and asserting that each ...
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Until February 1,1978, H. C. Wainwright & Co. (later Wainwright Securities, Inc.) was engaged in the business of preparing investment research reports for institutional investors. The Wall Street Transcript, a financial weekly newspaper, publishes summaries and abstracts of such reports. In 1976, Wainwright began copyrighting its research reports, and later that year brought this action for copyri...
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Credit Information Corporation of New York (“CIC”) moves to quash a grand jury subpoena duces tecum served upon it. For the reasons hereinafter stated, the motion is granted.' The issue the Court has been asked to resolve on this motion is whether a grand jury subpoena is a court order within the meaning of § 604 of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (“the A...
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OPINION Plaintiff Edwards & Hanly commenced this action against the Wells Fargo Securities Clearance Corporation (“WFSCC”) alleging violations of § 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. § 78j(b), § 17(a) of the Securities Act of 1933, 15 U.S.C. § 77q, and common law fraud. Jurisdiction is predicated upon 15 U.S.C. §§ 78aa, 77v and principles of pendent j...
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MEMORANDUM — DECISION AND ORDER This is an action brought pursuant to 42 U.S.C. § 405(g) for review of a final decision of the Secretary of Health, Education and Welfare, denying plaintiff’s application for a period of disability and disability insurance benefits. 42 U.S.C. §§ 416(i), 423. Defendant moves for a judgment on the pleadings or, in the alternative, for summary judgment. Plaint...
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MEMORANDUM AND ORDER Plaintiff John F. Csanadi (“Csanadi”) brought this action against defendants Teamsters, Chauffeurs, Warehousemen and Helpers Local Union No. 773 (“Local Union”) and Alfonso C. Abbruzzi (“Abbruzzi”), President of the Local Union, alleging that the Local Union had improperly denied Csanadi seniority benefits and had failed to perform its duty of fair representation by refusing ...
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MEMORANDUM On Tuesday, October 3, a conference was held in chambers to consider the motion for a temporary restraining order filed by plaintiff on September 29, 1978. At the conference, plaintiff was presented by Hy Mayerson, Esq., and defendants were represented by Robert S. Forster, Esq., Assistant United States Attorney, Barbara Ward, Esq. and Brian Smiley, Esq. of the Department of Justice,...
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MEMORANDUM OPINION This is a civil action to enforce the liability of the defendant for violation, with intent to defraud, of the motor vehicular odometer requirements upon the transfer of ownership of 3 automobiles. 15 U.S.C. § 1989(a). 1 This Court has jurisdiction of the subject matter hereof and of the parties. 15 U.S.C. § 1989(b). 2 A bench trial was conducted on September 28, 1978. ...
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MEMORANDUM OPINION In this 1983 case Plaintiff Billy Howard Martin claims violation of his civil rights by Dallas County Sheriff Clarence Jones and Deputy Sheriffs Roland, Masters and White, and Nurse Parks by their failure to afford him medical care for his serious medical needs when he was in jail from August 19, 1972, until he went to the Texas Department of Corrections on November 1, 1972. The...
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The plaintiff initiated this lawsuit by a complaint seeking recovery for services he allegedly rendered on behalf of the defendant as a magazine salesman. The plaintiff alleges that he earned commissions totaling $15,704.46 which, after reductions for purchases made by the plaintiff against such commissions, resulted in a debt by the defendant to the plaintiff of $14,500.00. In answer to t...
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MEMORANDUM OF OPINION DENYING PLAINTIFF’S MOTION FOR DECLARATORY RELIEF AND DISMISSING THE COMPLAINT Plaintiff filed this action on July 10,1978, seeking broad declaratory and injunctive relief against the application of the Employee Retirement Income Security Act of 1974 (“ERISA”), 88 Stat. 829, 29 U.S.C. § 1001 et seq., to pension and retirement plans maintained by the State of California *1311...
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ORDER Defendant, contending that the issues involved in this complex antitrust case are beyond the capabilities of an ordinary jury, has moved to strike plaintiff’s jury demand. Defendant anticipates that because the trial is expected to be lengthy, it *629would be impossible to impanel a fairly representative jury and argues that submission of these issues to a nonrepresentative, incompetent fac...
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MEMORANDUM OPINION I. INTRODUCTION This case is presently before the Court on the defendant’s motion for the expungement of the record of his arrest and conviction. The defendant, a non-resident alien who has lived in the United States with his wife and child for many years, was convicted by a jury on April 5, 1977, of one count of distributing a controlled substance in violation of ...
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FINDINGS OF FACT and CONCLUSIONS OF LAW Findings of Fact 1. This is an action by plaintiff 2 against the defendant Woods Hole Oceanographic Institution pursuant to the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201 et seq. (hereafter referred to as the “Act”) seeking (1) recovery of overtime compensation allegedly due certain specified employees of the d...
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MEMORANDUM — DECISION AND ORDER This action was commenced by The Columbia Mills, Incorporated (the “Company”) in New York State Supreme Court, Onondaga County, for the purpose of obtaining an Order staying arbitration between the Company and the Textile Workers of America, AFL-CIO, Local 129 (the “Union”). On May 10, 1978, New York State Supreme Court Justice Richard H. Donovan issued a te...
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MEMORANDUM DECISION Defendants Buckle, Schaller and McGrath have moved to suppress evidence seized from them on the evening of January 31, 1978. These defendants previously moved to suppress the same evidence prior to indictment under Rule 41(e) before Judge Lasker. He denied their motion in a nine page opinion, United States v. McGrath et al. 448 F.Supp. 1338 (S.D.N.Y.1978). Briefly summarized, ...
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OPINION I. History of Case This case grows out of the construction of a housing project in Philipsburg, Pennsylvania. Plaintiff, Penn State Construction Company, is the managing joint venturer of the general contractor, Philipsburg Construction Company. Philipsburg U.A.W. Housing Company is the owner of the project, and Keystone U.A.W. Housing Corporation is the general partn...
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MEMORANDUM ORDER This is a motion to dismiss the second count of the complaint filed in this case. Judge John L. Miller of this court heard the argument on July 8, 1978, but died before rendering a decision. The case was then assigned to me, and with consent of counsel, I will rule on the matter without further argument. In this action against the United States under the Federal Tort...
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MEMORANDUM AND ORDER Sixteen named plaintiffs bring this action under § 301(a) of the Labor Management Relations Act, 29 U.S.C. § 185(a) alleging breach of a collective bargaining agreement by defendant Atlantic and Pacific Tea Company and breach of the duty of fair representation by their union, Warehouse Employee Union Local No. 169. A & P has moved for summary judgment on all counts of...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This Court makes the following findings of fact and conclusions of law with regard to this case: FINDINGS OF FACT 1. On April 7, 1969, Plaintiff Jack W. Durrett, Sr., executed a note in the amount of $180,000.00 in favor of Southern Trust and Mortgage Company. 2. That note was secured by a Deed of Trust upon the land in issue, being 4...
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OPINION AND ORDER Defendant Holiday Inns, Inc. has moved for summary judgment on the ground that it had no agency relationship with the other defendants which would subject it to vicarious liability in this case. As support for its argument, defendant relies upon a recent case of the Supreme Court of Virginia, Murphy v. Holiday Inns, Inc., 216 Va. 490, 219 S.E.2d 874 (1975). Because jurisdi...
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OPINION AND ORDER This matter comes before the Court for review of a final decision by the defendant, Secretary of Health, Education and Welfare, pursuant to section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), and the defendant’s motion for summary judgment. As developed by the Administrative Law Judge and as set out in the pleadings, the facts are as follow. Plaintiff, who applied for ...
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MEMORANDUM AND ORDER Plaintiff William Inglis & Sons Baking Co. (hereinafter Inglis) was an independent wholesale baker in the San Joaquin Valley prior to going out of business in April 1976. It manufactured and distributed bread and bread-type rolls in the San Francisco Bay Area, the Sacramento Valley, the San Joaquin Valley, parts of the Mother Lode country and of Lake Tahoe. In 19...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT The material facts in this case are not in dispute, and have for the most part been agreed to by all parties to this action. 1. John and Dolores Rank, husband and wife, and plaintiffs in this action (hereafter Ranks), live with their two adopted children in a two-bedroom house at 1585 Jess Street, Pomona, California, the p...
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*119 MEMORANDUM OF DECISION This suit raises the question of whether, under the circumstances of this case, a town may constitutionally convey property for a nominal consideration to a private organization that discriminates on the basis of sex. Plaintiffs Carol Octeau, Barbara Warden-burg, and Allison McLean are residents and taxpayers of the Town of Ridgefield, Connecticut, and plaintiffs N...
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OPINION The sole question now before the Court is whether Section 3902 of Title 18 of the Delaware Code, pertaining to uninsured motorist insurance, applies to an excess liability insurance policy which, up to a limit of $1,000,000, insures the policy holder, inter alia, for bodily injury, death and property damage liability to a third party in excess of the $100,000/$300,000 r...
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*681 OPINION Shirley B. Suskind (“Plaintiff”) initiated separate actions in state court 1 against American Republic Insurance Company (“American Republic”) and North American Life & Casualty Company (“North American”) to recover, as the beneficiary, the proceeds of insurance on her husband’s (“the decedent”) life under two separate group life insurance policies issued ...
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MEMORANDUM AND ORDER This is a forfeiture action brought by the United States seeking seizure and condemnation of certain articles of drug under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. This court has jurisdiction under 28 U.S.C. § 1345. John D. Copa-nos & Sons, Inc. (Copanos) filed a claim to the articles of drug and answered the United States’ complaint. Now before the ...
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MEMORANDUM OPINION AND ORDER On February 2, 1978, petitioner Sanford Hoskow was sentenced, pursuant to 18 U.S.C. § 4205(b)(2), to serve a five (5) year term of imprisonment after having pled guilty to one count of an indictment charging him with being a coconspirator in an attempt to possess and distribute a controlled substance in violation of 21 U.S.C. § 846. Petitioner’s motions for re...
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OPINION For the second time in as many years, the New Hampshire State Motto, “Live Free or Die”, spawns litigation in the federal court. 1 Plaintiff, “Keep Thomson Governor Committee”, is a political committee that seeks the reelection of the incumbent Republican Governor. 2 Defendant, “Citizens for Gallen Committee”, is also a political committee that seeks to adv...
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MEMORANDUM OPINION AND ORDER This motion for summary judgment, pursuant to Rule 56, Fed.R.Civ.P., raises an unsettled question of law under the Fair Labor Standards Act of 1938 (“FLSA”), as amended, 29 U.S.C. § 201 et seq. Before addressing the legal issue involved, a brief review of the facts, undisputed for the purpose of this motion, is appropriate. I. During the p...
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*955OPINION The Plaintiffs in this declaratory judgment action are the trustees of the pension plan of Local # 530 of the Plumbers and Steamfitters union. The Plaintiffs allege that, at a meeting on March 28, 1974 (hereinafter “March 28 meeting”), they resolved to terminate the pension plan on April 30, 1974 and to distribute the plan’s assets to its four groups of participants in the form of ann...
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MEMORANDUM Samuel D. Davis, plaintiff in this case, became a participant in defendant’s pension fund when the first payment was made in his behalf in 1956 by Robinson Freight Lines. He had in excess of fifteen years service credit with the Fund as of the year 1969. There is a dispute as to how many years he actually had. Plaintiff’s contention is that he had over twenty years of service. Defend...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This Court makes the following findings of fact and conclusions of law with regard to this case: FINDINGS OF FACT 1. Haden Company, Inc. (“Haden”) is a distributor for architectural products, building supplies and health equipment. Ha-den’s trade area comprises the states of Texas, Oklahoma, Arkansas and Louisiana. 2. Johns-Manville i...
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OPINION This is a civil action brought pursuant to 42 U.S.C.A. § 1983 to redress alleged violation of plaintiff’s First and Fourteenth Amendment rights. Jurisdiction is based on 28 U.S.C.A. §§ 1332 and 1343. This Court’s pendent jurisdiction over certain state law claims is also invoked. Plaintiff is currently employed by the town of Wayland, Massachusetts, as a seventh grade mathematics teacher. ...
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OPINION AND ORDER The plaintiffs have brought a class action against the City of Mobile and the Mobile County Personnel Board alleging that the promotional system used to determine which patrolmen advance to the rank of sergeant in the Mobile City Police Department is discriminatory both under the Fourteenth Amendment to the United States Constitution and under Title VII (42 U.S.C. § 2000(e), ...
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This action was commenced through the filing of a complaint by the plaintiff class representatives who sought certification of a class to prosecute this action. The lawsuit raises various claims of violations of the Truth-In-Lending Act, Title 15, U.S. C.A. § 1601 et seq. On May 20, 1977 the Court entered its Order certifying the class and the Notice to class members was approved on the same da...
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TEMPORARY RESTRAINING ORDER This action is before the Court on Plaintiffs’ * Motions for a Temporary Restraining Order and upon Defendant’s Cross-Motion for a Temporary Restraining Order. This Court has considered the written a.nd oral arguments of counsel, and the entire record herein, and concludes that both Plaintiffs’ and Defendant’s Motions for Temporary Restraining Orders must be granted. D...
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MEMORANDUM OF DECISION This is an appeal by the New Britain National Bank [the Bank], as mortgagee, from an order of the Bankruptcy Judge, dated November 3, 1977, directing the attorney for the debtor in possession under a Chapter XI petition to withhold $19,128.16 from the amount realized on the sale of a parcel of mortgaged real estate as a contribution to the Referees’ Salary and Expen...
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OPINION Presently before this Court is defendant F. Browne Gregg’s “Motion for Order *1295 Granting Restitution and Indemnification by Plaintiffs for Defendant’s Property Loss and Expenses of Litigation Incurred by Reason of the Unlawful Seizure of Defendant’s Property” (“Motion for Restitution”). In order to understand the grounds for the motion, it is necessary to review th...
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ORDER This action arises out of a loss suffered by the insured plaintiff as a result of the destruction of his home by fire. Defendant insurer has refused to honor its insured’s claims asserting that fraud and arson invalidate the insurance coverage. This action was removed to federal court from the Superior Court of Fulton County, Georgia. Presently pending before the Court are motions to compel...
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MEMORANDUM Plaintiff brings this suit to recover monies allegedly owed on a contract for printing and sale of brochures. Jurisdiction is invoked under 28 U.S.C. § 1332. The cause is before the court on defendant’s motion to dismiss under Rule 12(b)(2), Fed.R.Civ.P., for lack of in personam jurisdiction. For the following reasons, the motion is granted. I. The parties ...
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ORDER This matter is before the court on third-party defendant’s resisted motion to quash service filed May 26, 1978. Denied. Plaintiff, Harker’s Wholesale Meats, Inc. (Harker’s), an Iowa corporation, brought this action against defendant, Framarx Corporation (Framarx), an Illinois corporation, in Iowa District Court for Plymouth County for damages arising out of a breach of warranty. The matter w...
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RULING ON MOTIONS A seven count indictment was filed in the District of Columbia on March 31, 1978 against Otto E. Passman. This case was subsequently transferred to the Western District of Louisiana. Otto E. Passman was a United States Congressman from the State of Louisiana from January 1947 until January 1977. This indictment charged Mr. Passman with violations of 18 U.S.C. § 371 (conspiracy...
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MEMORANDUM OPINION This action seeking declaratory and injunctive relief was filed January 26, 1977, pursuant to Title 28, U.S.C., § 1343 and Title 42, U.S.C., § 1983. The relief sought is a judgment declaring unconstitutional Principle VI of Rule 19 of the Rules and Regulations of the Nevada State Board of Marriage and Family Counselor Examiners, which prohibits the advertisement of costs and ...
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OPINION I. Plaintiffs Bubble Up International Ltd., et al., owners of cargo carried upon defendants’ ship, bring this action to recover General Average deposits required by and paid to defendants as a prerequisite for the release of plaintiffs’ cargo at ports of discharge. Admiralty and maritime jurisdiction is properly invoked pursuant to 28 U.S.C. § 1333 and Rule 9(h), F.R.Civ...
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MEMORANDUM AND ORDER Defendant moves for an order, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, dismissing each of the four Counts of the complaint herein on the ground that each Count fails to state a claim against defendant upon which relief can be granted. This case arises from the termination of defendant Union Central Life Insurance Company’s agency relatio...
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Opinion I. Plaintiffs, Aaron Finkel and Alan Tabakman, are Assistant Public Defenders (“Assistants”) employed by the County of Rock-land, New York. Defendant Peter Branti is the Public Defender for Rockland County. Finkel and Tabakman were appointed to their positions as Assistants on March 26, 1971 and September 5, 1975, respectively. The six-year term of the Public Defender expired on Dec...
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MEMORANDUM OPINION This matter is before the Court on a motion for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure. The defendant had filed a motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6), Federal Rules of Civil Procedure, on August 2, 1977. However, at a hearing on the matter on April 28, 1978, this Court converted the motion to dismiss into a motion fo...
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MEMORANDUM OF DECISION AND ORDER The above-entitled actions were consolidated for trial to the court. Both actions were brought under 28 U.S.C. § 1346(a) for refund of income taxes assessed against and paid by the respective taxpayers for the years 1971 and 1972. The issues presented are whether the travel expenses incurred by the husband taxpayers in each case while working on construction of the...
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OPINION I. Introduction. These three related eases were assigned to the undersigned judge on August 22, 1977 and November 16,1977 for the purpose of conducting pre-trial proceedings. On May 5,1978, after two and one half days of hearings on the issue of class action certification, the three Plaintiffs in the above-captioned cases and the Defendants with the exception of Glen Burn Colliery, Inc. (...
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OPINION General Electric Credit Corporation (GEC) seeks a determination of its right to funds deposited with Garnishee, Equibank, by GEC’s debtor, Richard Tarr. Equibank claims the right to set off the total amount against a demand obligation owed by Tarr to Equibank. The underlying facts are not in dispute. Richard Tarr was President and the chief executive officer of Metropolitan I...
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ORDER The petitioner was convicted of manslaughter in Florence County in December of 1973. A belated direct appeal of the conviction was perfected, and the South Carolina Supreme Court affirmed the conviction.1 An application for post-conviction relief was also made by the petitioner in Florence County. The application was denied by Judge David W. Harwell, and the Supreme Court affirmed the denial...
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MEMORANDUM DECISION The petitioner, Russell Means, seeks a writ of Habeas Corpus claiming that his confinement in the South Dakota State Penitentiary is based upon an unlawful conviction obtained in state court. Petitioner raises many claims. His first claim is that he was forced to surrender his absolute right to trial by jury as guaranteed by the 6th and 14th Amendments to the United St...
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MEMORANDUM OPINION AND ORDER This is an action by 2 district lodges of the International Association of Machinists and such international labor organization to enforce the provisions of 2 awards of an arbitrator relating to the “no-report” rule of the defendant Amana Refrigeration, Inc. Currently before the Court is the motion of the defendant for an order imposing upon the plaintiff certain sanct...
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MEMORANDUM OF DECISION The plaintiff Howard H. Rhoades of Bellows Falls, Vermont, commenced this action against his former employer, The Book Press, a division of General Educational Services Corporation with an operating plant in Brattleboro, Vermont. The plaintiff has joined as an additional defendant his former union representative at the Brat-tleboro plant, Graphic Arts International Union, Lo...
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This lawsuit was commenced by the filing of a complaint by the plaintiff seeking relief on various grounds from each of the defendants. While originally cast in the terms of a class action, the Court concluded that this lawsuit was not properly maintainable as a class action under Rule 23 of the Federal Rules of Civil Procedure and thus defendant National Supermarkets’ [National] motion to stri...
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MEMORANDUM This action is before the Court on defendants’ motion to dismiss, or in the alternative, for summary judgment, and on plaintiff’s motion for partial summary judgment. There are no material facts which are the subject of genuine dispute. The plaintiff, David J. Mason, is a GS-15 civilian employee of the Department of the Navy, where he is head of the Long-Range Planning Branch of th...
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OPINION Petitioner has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 seeking relief from a judgment of conviction for robbery, attempted rape and assault. He was convicted in the Superior Court of New Castle County. On appeal, the Delaware Supreme Court affirmed the conviction. Rogers v. State, 343 A.2d 608 (Del.Sup.Ct.1975). Petitioner bases his claim for relief o...
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ORDER On April 27, 1977, plaintiff Marlene Parker purchased a new Cordoba Chrysler automobile from defendant DeKalb Chrysler Plymouth (“DeKalb”) and financed a portion of the purchase price. The paper was “assigned” to defendant Fidelity National Bank (“Fidelity”). On May 2, 1977, Ms. Parker signed a general release for $500.00, discharging DeKalb Chrysler Plymouth from any claims arising out o...
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459 F. Supp. 180 (1978) BUILDING ENGINEERING SERVICES CO., INC. v. The STATE OF LOUISIANA and the Louisiana Stadium and Exposition District. Civ. A. No. 78-75. United States District Court, E. D. Louisiana. September 28, 1978. *181 *182 James R. Sutterfield, New Orleans, La., for plaintiff. Robert L. Manard, III, New Orleans, La., for intervenor. Sam Levkowicz, New Orleans, La., for defendants. C...
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The Secretary of Labor (plaintiff) alleges that the Board of Education of Baltimore County (defendant) violated the Equal Pay Act 1 (“Act”) by paying female custodial workers in its schools a lower wage than male custodial workers performing substantially equal work. The Board is responsible for the operation of approximately 160 elementary and secondary schools in Baltimore Cou...
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MEMORANDUM AND ORDER ON DEFENDANT’S MOTION TO DISMISS Plaintiff, a black male, has brought suit against Polaroid alleging that his layoff on September 3, 1974, was an act of racial discrimination in employment in. violation of Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e, and of 42 U.S.C. § 1981. Defendant has moved to dismiss the Title VII' claim for failure to file suit within 90...
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MEMORANDUM AND ORDER Before the Court is plaintiffs’ motion seeking an award of attorneys’ fees and costs under the Civil Rights Attorney’s Fees Award Act of 1976, 42 U.S.C.A. § 1988 (Fees Act). The Act declares that in suits under 42 U.S.C.A. § 1983 and certain other statutes, federal courts may award prevailing parties reasonable attorney’s fees as a part of the costs. Plaintiffs c...
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*917 OPINION This is a labor dispute between a sports reporter, the newspaper for which he formerly worked, and its managing officials. Originally filed in Norfolk Superior Court, this action was removed to this Court by defendants pursuant to 28 U.S.C.A. § 1441(b), and is now before the Court on defendants’ motions to dismiss. Read in the light most favorable to plaintiff, ...
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*1236 OPINION This is a § 2254 petition for a writ of habeas corpus brought by a state prisoner, Terrell Walker, against Fred Butterworth, Superintendent of Massachusetts Correctional Institution, Walpole, Massachusetts. Petitioner is presently serving a sentence of life imprisonment imposed by the Superior Court of Suffolk County after his convictions on one count of first-degre...
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MEMORANDUM OPINION * The plaintiff, a professional hockey player, filed this suit naming as defendants the National Hockey League (NHL), the National Hockey League Players’ Association (NHLPA), California Sports, Inc., The Los Angeles Kings, and the Detroit Hockey Club (Detroit Red Wings). The Los Angeles Kings and the Detroit Red Wings are member hockey teams in the NHL, which is a non-profi...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS AND DENYING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION Plaintiffs are a group of terminally ill cancer patients and spouses of terminally ill cancer patients. They desire to import into the United States for their own use a substance known as “Essiac”, but allege that their efforts toward this end have been thwarted by...
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OPINION AND ORDER This is a case involving the business judgment of the independent directors of a mutual fund who, upon the withdrawal of their management, were faced with the task of investigating and thereafter determining which proposals of prospective managers should be submitted to the fund shareholders for their consideration. Plaintiff, Reserve Management Corporation [hereinafter ...
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OPINION The parties in this securities fraud class action apply for approval of a proposed settlement. Rule 23(e), Fed.R.Civ.P. Counsel for plaintiff also apply for an allowance of attorneys’ fees and disbursements. The complaint alleges that defendants Sycor, Inc. (“Sycor”), its officers and directors, certain sellers of Sycor stock, and Drexel Burnham & Co., managing underwriter of...
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MEMORANDUM OF DECISION AND ORDER This action to review a denial of Supplemental Security Income (SSI) to plaintiff was initially referred to a United States Magistrate to review the administrative record, hear the contentions of the parties and report to the Court his recommended disposition of the defendant Secretary’s motion for summary judgment. That has been done and the matter is now before t...
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OPINION AND ORDER This is an action for a declaratory judgment of invalidity and non-infringement of U.S. Patent No. 3,959,624 which was issued May 25, 1976 to defendant Walter Kaslow and which covers a system and method of electronically “reading” a coded symbol on a discount coupon presented by a retail customer, verifying that the coupon applies to one of the items actually purchased by the cu...
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MEMORANDUM This is an action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq. Plaintiffs Wilbur Hugh Ferry and his wife Carol Bernstein Ferry seek “any or all files on [themselves] now held” by the Central Intelligence Agency (“CIA”). The action is now here on appeal from the rulings of Magistrate Schreiber, who was appointed by order dated December 21, 197...
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OPINION and ORDER PRELIMINARY STATEMENT This civil rights action is brought as a class action on behalf of all inmates of Lima State Hospital who were committed and incarcerated in said institution on or after May 23, 1973. 1 Plaintiffs bring this action under 42 U.S.C. § 1983 to redress certain alleged deprivations of rights secured to them by the laws of the State of Ohi...
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MEMORANDUM AND ORDER On April 10,1973,1 sentenced the defendant Francis Harry Brown to a period of two years’ probation following his conviction for conspiracy to distribute stolen postal money orders, 18 U.S.C. § 371. Four years later, on June 16, 1977, Mr. Brown was found guilty of extortion, mail fraud and conspiracy after a jury trial before my learned colleague, the Honorable Alfred L. Luong...
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MEMORANDUM The three defendants in this lawsuit have moved the Court for summary judgment of *807 dismissal pursuant to Rule 56, Fed.R.Civ.P. claiming there is no material fact at issue and that they are entitled to judgment as a matter of law. The three defendants are being sued under 42 U.S.C. § 1983 for alleged violations, under color of state law, of plaintiff’s constitutional rights. In ...
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MEMORANDUM OPINION Upon consideration of these cross Motions for Summary Judgment filed in this second Social Security disability appeal, it is the. opinion of the Court that defendant’s Motion for Summary Judgment must be granted. This appeal tests the correctness of the second determination by the administrative law judge that claimant was not disabled on or before June 30, 1974, when he was las...
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MEMORANDUM AND ORDER The plaintiff, a Vermont prisoner convicted of second degree murder, is incarcerated in the Federal Prison System at the United States Penitentiary at Marion, Illinois by Federal and State agreement under the provisions of 28 V.S.A. § 706 and 18 U.S.C. § 5003. He alleges in his complaint the deprivation of constitutional rights under color of state law in violation of 42 U....
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MEMORANDUM AND ORDER This cause comes before the court on defendants’ motion to dismiss. This litigation arises out of claims to the possession *386 and ownership of a number of artifacts of significance to the culture and heritage of the Tlingit people of Klukwan, Alaska. 1 The plaintiff, Estelle de Haven Johnson, a Tlingit Indian who resides in Arizona, claims an...
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MEMORANDUM OPINION This is an action to set aside a ruling of the Environmental Protection Agency (“EPA”) which grants in part an application of the State of Mississippi under Section 18 of the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”), as amended, 7 U.S.C. § 136 et seq. (1976), requesting permission to distribute and apply for one year a chemical known as Fe...
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The increase in trade between countries whose economies are controlled and the United States with its legal and economic heritage of frée enterprise inevitably creates disputes not envisioned at the time statutes designed to promote the continued prosperity of the American economy were passed. When a producer in a controlled economy decides to manufacture a product solely for export to the Unit...
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ORDER On March 30, 1976, Mr. and Mrs. Rogers, plaintiffs, executed a retail installment contract in connection with their purchase of a new 1976 Lincoln Continental from defendant, Frank Jackson Lincoln-Mercury (the “Dealer”). The Dealer simultaneously accepted the contract and assigned it to defendant Ford Motor Credit Company (“FMCC”). The Rogers have alleged various violations of the Consume...
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MEMORANDUM OPINION Plaintiffs are various members of the Committee Against Racism (“CAR”). On *519 September 6,1977, at approximately 6:15 p. m., several of the plaintiffs peacefully demonstrated on the sidewalk in front of Mayor Bilandic’s home in order to protest his failure to support busing as a means of achieving racial integration. (Complaint, par. 6). These plaintiffs ...
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MEMORANDUM AND ORDER This petition for a writ of habeas corpus asserts an equal protection challenge to petitioner’s conviction. Recognizing that the petition presented substantial legal questions, the court appointed counsel to represent the petitioner. Counsel has submitted a memorandum of law in support of the petition, and the respondent has filed a memorandum in opposition. On F...
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OPINION AND ORDER The complaint in this action alleges a deprivation of plaintiff’s constitutional rights in connection with the state and county management of the Aid to Dependent Children program. The motions of the State of Montana, the Department of Social and Rehabilitation Services, and the Department of Revenue, to dismiss are granted without leave to amend. Under the 11th amendment to the ...
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MEMORANDUM This matter comes before the Court upon the defendant’s motion for summary judgment [Filing # 6]. 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 plaintiff was originally granted disability insurance benefits (42 U.S.C.A. § 401 et seq.), and supplemental sec...
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OPINION It is a rule of ancient origin that an action which is local in nature, rather than transitory, can only be asserted in a court whose territorial jurisdiction includes the location of the subject of the action. When a local action is sued on in a federal disti’ict court, with jurisdiction grounded only on the diversity of citizenship of the parties, 28 U.S.C. § 1332, then the law ...
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OPINION The defendant has moved for summary judgment in its favor pursuant to Fed.R. Civ.P. 56. For reasons shown hereafter, the motion will be denied at this time. On September 11, 1976, a freight train operated by the defendant derailed and destroyed plaintiff’s warehouse-garage and mill-office buildings. Plaintiff sues for damages. The buildings stood on two of *378three parcels of land constit...
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MEMORANDUM ORDER Plaintiff brings this action alleging violations of his civil rights under 42 U.S.C. § 1981 through 1988. Specifically plaintiff charges defendant Interstate Motor Freight Systems (“Interstate”) with terminating his employment on the grounds of race. He charges defendant Commission on Human Rights of the City of New York (“the Commission”) with violation of his rights thr...
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MEMORANDUM The Delaware corporate plaintiffs commenced an action in August 1976 against an agency of the Democratic and Popular Republic of Algeria and a vessel owned by that foreign state; a default judgment was entered against the defendants on April 1, 1977. The defendants have now moved pursuant to Rules 55(c) and 60(b) of the Federal Rules of Civil Procedure (“Rules”) to set aside th...
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MEMORANDUM DECISION The First National Bank of Boston and the John Hancock Mutual Life Insurance Company (the “Lenders”) have applied to this Court for an order-directing the Trustee of the estates of Wm. Gluckin Co. Ltd., Wm. Gluckin & Co., Inc. and Pittston Apparel Co. (the “Debtors”) to pay over to the *380 Lenders in the form of an interim distribution at least 90% of the...
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ORDER These two cases challenge the constitutionality of virtually identical local ordi*392nances, one enacted by the City of Charlotte (C-C-77-346), and the other enacted by Mecklenburg County (C-C-78-069). The challenged provisions of the ordinances prohibit a “massage business” from permitting a “massage or treatment to be given by a person to a person of the opposite sex,” and prohibit a mass...
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ORDER This matter is before the Court on Plaintiff’s Motion to Review Taxation of Costs. The Plaintiff has filed a brief in support of its motion and Defendant has filed a reply brief in opposition to the same. Plaintiff brought this action against Defendant for odometer fraud under the odometer requirement provisions of the Motor Vehicle Information and Cost Savings Act, 15 U.S.C. §§ 1981-1991. ...
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OPINION Plaintiffs, investors in an oil drilling venture, alleged in this class action that the defendant, a major accounting firm, is liable to them for misstatements in several opinion letters which advised them as to the supposed tax consequences of those investments. Four theories of liability have been advanced by the plaintiffs: (1) liability for violation of § 10(b) of the Securiti...
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OPINION I. Preliminary Statement This opinion memorializes our findings of fact and conclusions of law in the wake of a lengthy trial in which Pennsylvania Power & Light Company (PP&L) sought to establish that General Electric Company (GE) was liable to it for certain consequential damages, principally cost of replacement power, as the result of GE’s role in the construction ...
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MEMORANDUM Presently before the Court are four cross-motions for summary judgment. It appearing that genuine issues of material fact exist as to whether Mary Bonaccurso is a “packer” as defined by 7 U.S.C. § 191 and as to the terms of the agreement for the sale of cattle by plaintiff to S. Bonaccurso & Sons, Inc., which agreement forms the basis for defendants’ counterclaims, the motion o...
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MEMORANDUM OPINION, FINDINGS OF FACT, DISCUSSION, AND CONCLUSIONS OF LAW A. Introduction The complaint as originally filed March 15, 1977, in this case sought a declaratory judgment with respect to provisions of an option agreement covering real estate in Lake City Borough and Girard Township, Erie County. There followed considerable preliminary skirmishing much of it result *...
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OPINION The plaintiff, the United States of Amer-ica, brought this admiralty claim against *1088 the defendant, Ohio Barge Line, Inc. (hereinafter called “OBL”), in .personam, and against the defendant, M/V Steel Forwarder (hereinafter called “Forwarder”), in rem, pursuant to both the Rivers and Harbors Act of 1899, 33 U.S.C. § 401 et seq., specifically ...
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OPINION In February, 1977, plaintiff, Delco Wire and Cable, Inc., a Pennsylvania corporation, instituted this diversity action against Keystone Roofing Company, a New Jersey corporation. The thrust of the complaint was that defendant had been engaged as a roofing contractor to install a roof on plaintiff’s building at Keystone Industrial Park in Bristol, Pennsylvania, and that defendant had botch...
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JUDGMENT This complex class litigation commenced on July 19, 1972. The file is immense. There are over 1500 documents; many are hundreds of pages long. Extensive and painstaking discovery has been made in accordance with the Court’s pretrial orders. Partial but final judgments have heretofore been entered against several of the multiple Defendants in favor of Plaintiffs as a whole class a...
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MEMORANDUM OF DECISION This case concerns whether the receipt of governmental aid and the imposition of state regulations converts a private secondary school into an agency of the state to establish federal jurisdiction under 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3). 1 For reasons set forth below, this court concludes that there is no state action present here and hence no fede...
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459 F. Supp. 160 (1978) Iona BROWN, Plaintiff, v. TERMPLAN, INC. OF GEORGIA, Defendant. Civ. A. No. C75-2214A. United States District Court, N. D. Georgia, Atlanta Division. September 26, 1978. *161 Joseph H. King, Jr., Atlanta, Ga., for plaintiff. Richard V. Karlberg, Jr., Atlanta, Ga., for defendant. ORDER HAROLD L. MURPHY, District Judge. On September 12, 1975, the plaintiff, Mrs. Iona Brown,...
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*1081 MEMORANDUM AND ORDER Defendants have moved to dismiss this employment discrimination action on the grounds that this court lacks jurisdiction under Title VII, 42 U.S.C. § 2000e et seq. because the EEOC did not retain jurisdiction of plaintiffs’ charges for the 180-day period referred to in 42 U.S.C. § 2000e-5(f)(1) 1 and suit was filed in this court prior to the expiration of said p...
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MEMORANDUM This action arises under the Internal-Revenue Code of 1954 and involves a claim for refund pursuant to 26 U.S.C. § 7422. Jurisdiction to hear this claim is conferred by 28 U.S.C. § 1346(a)(1). The motions now under consideration are cross-motions for partial summary judgment. The issue to be decided is whether Section 2055 of the Code requires that a charitable deduction b...
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OPINION AND ORDER ON PLAINTIFFS’ MOTION FOR CLASS ACTION DETERMINATION This alleged discrimination action was filed by plaintiffs on October 7, 1977. The Complaint is styled as an “across the board” class action against defendant, Anchor Continental, Inc., challenging alleged discriminatory employment practices under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. as amended, ...
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ORDER DENYING MOTION TO DISMISS BY DEFENDANT UNION PLANTERS NATIONAL BANK, INC. Defendant Unioxi Planters National Bank, Inc., one of three defendants in this action, moves to dismiss the complaint against it pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. Plaintiff has sued all three defendants for alleged violations of the Federal Consumer Credit Protection Act (also known as ...
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DECISION and ORDER This matter is before me on the defendant’s motions to dismiss for want of personal jurisdiction or, in the alternative, to transfer venue of the case, and on the plaintiff’s motion to enjoin the defendant from instituting or further prosecuting any action against the plaintiff concerning the subject matter of this action. The plaintiff in this case, W. A. Krueger Company, is a...
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ORDER Upon consideration of the Petition of Ipitrade International, S.A., (Ipitrade) for an Order (a) Confirming the Award of Dr. Max Brunner dated April 25, 1978, in case RT/DB No. 2949, and (b) directing the entry of judgment thereon against the Federal Republic of Nigeria, the memorandum filed in support thereof, and for the reasons set forth in the Court’s Memorandum issued this day, ...
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MEMORANDUM OPINION This case is before the Court on defendant’s motion for summary judgment based on the contention that the claims asserted in the complaint are time barred. The complaint seeks to redress alleged deprivations of plaintiff’s individual civil rights to equal employment opportunities pursuant to the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”) and 42 U....
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MEMORANDUM This matter is pending on application of some of the petitioners for writ of habeas corpus and for a stay of the order of the Circuit Judge ordering them to report to the Sheriff of St. Louis City to begin serving sentences heretofore imposed. The history of this case shows that petitioners were all members and officers of Brewery Drivers and Helpers Local Union No. 133 of St. Louis, an...
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On June 3, 1975 Joseph Diaco was sentenced by this court to a term of imprisonment of five years and, on November 14, 1977, after extensive proceedings before this court, the Court of Appeals for the Third Circuit, and the United States Supreme Court, he commenced service of that sentence. Under the sentence as imposed, and by virtue of 18 U.S.C. § 4205(a), Diaco would not become eligible for paro...
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MEMORANDUM DECISION Defendant Jacques Erlichson moves to suppress post-indictment, post-arrest statements given to agents of the Drug Enforcement Administration (“DEA”) on grounds that his fifth and sixth amendment rights were violated. He was indicted on June 15, 1978 for violations of the federal narcotics laws and arrested a week thereafter. In an affidavit submitted in support of the instant m...
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OPINION ON MOTION FOR SUMMARY JUDGMENT Preliminary Statement This is a civil rights action for an injunction brought by plaintiff, Melissa Ludtke, a female reporter employed by Sports Illustrated, a magazine published by the other plaintiff, Time, Inc. 1 Plaintiffs seek an or *88 der enjoining defendants, The New York Yankees, from enforcing a policy deter...
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OPINION Plaintiff was injured on July 8, 1974, while working as a longshoreman on the M/S Concordia Tarek, which was moored at Girard Point in Philadelphia. On May 28, 1976, plaintiff instituted this tort action against the shipowner under the 1972 amendments to the Longshoremen’s and Harbor Workers’ Compensation Act of 1927, 33 U.S.C. § 905(b) (Supp. V 1975). Jurisdiction is based solely...
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MEMORANDUM OPINION AND ORDER The government moved the Court to impose additional conditions upon the pretrial release of the defendant herein by requiring his execution of an increased bail bond with sufficient solvent sureties.* 18 U.S.C. § 3146(e). In support of such motion the *1354government submitted an affidavit and exhibits which reflect that Mr. Harrison was arrested by state authorities o...
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MEMORANDUM OPINION AND FINDINGS OF FACT James A. Elkins (hereinafter “Elkins, Sr.”) was one of the founders of the banking complex which is now First City Ban-corporation. Elkins, Sr. is also the founder of a law firm which is now known as Vinson & Elkins. Elkins, Sr., died May 7, 1972, leaving a substantial estate. Mrs. James A. Elkins died September 28, 1969. The estates of Mr. and Mrs. Elkins ...
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MEMORANDUM OPINION AND ORDER Plaintiff has filed a motion to dismiss the counterclaim of defendant Northern Homes of Pennsylvania, Inc. (Northern), for the reason that Northern has never obtained a certificate of authority from the Virginia State Corporation Commission, has no registered agent in the state of Virginia, and is therefore barred from maintaining any action, suit, or proceeding in an...
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MEMORANDUM AND ORDER The United States of America, defendant and third-party plaintiff, is attempting to obtain discovery from Corinne Hartmann. This action was commenced by Corinne Hartmann for a tax refund and the United States counterclaimed against her and impleaded James Hartmann as a third-party defendant. The government’s claim against Corinne Hartmann was dismissed and James Hartmann agree...
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MEMORANDUM OF OPINION This is a suit for mandamus and declaratory relief brought by plaintiff John Muir *850 Memorial Hospital, Inc. (“Muir”), under Title XVIII of the Social Security Act (42 U.S.C. §§ 1395 et seq.), the Declaratory Relief Act (28 U.S.C. § 2201), and the Fifth Amendment. The action is based on defendants’ refusal to allow plaintiff to reopen its 19...
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RULING ON MOTION TO RECONSIDER DISMISSAL OF CLAIM AGAINST TOWN OF HAMDEN This motion presents the issue of what allegations are sufficient to state a claim of municipal liability for deprivation of constitutional rights in the aftermath of the Supreme Court’s decision in Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), and the Second ...
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OPINION These actions represent another attempt by certain consumers of medical services in the Wilmington, Delaware metropolitan area to prevent the Wilmington Medical Center (“WMC") from implementing its controversial Plan Omega, which calls for the relocation of the bulk of WMC’s urban hospital services to a suburban location. 1 On November 11, 1977, Wilmington United Neighb...
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Memorandum Plaintiff Grafon Corporation, organized in Illinois and engaged in the sale of certain *92industrial machines, brings this action against defendants Elmer P. and Marten C. Hausermann, holders of United States and foreign patents on technology relating to the manufacture of electrodes for use in electrical discharge machining. It seeks a declaratory judgment that certain patents are inv...
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OPINION Presented here is a products liability action arising out of the failure of a part of the nose-gear assembly of a small commercial aircraft. No personal injury is involved, but damages are claimed for loss of income and expenses during the period of repair as well as for the cost of repairs. Plaintiffs are Charlie Hairston Aircraft, Inc., corporate owner of the aircraft, Charles M...
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MEMORANDUM OF DECISION Plaintiffs Eddie J. Maly and Joyce M. Maly, Mississippi citizens, filed this diversity action against defendant The Magnavox Company (Magnavox), a Tennessee corporation, and defendant North American Phillips Company, Inc. (North American Phillips), an Arkansas corporation. 1 Plaintiffs allege that they purchased a television set manufactured by Magnavox and that the tel...
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MEMORANDUM On August 1, 1949, Harlen C. Olsen and his wife, Velma, executed an oil and gas lease in favor of the Superior Oil Company. The instrument had a ten year primary term, with a provision for an extension for “as long thereafter as oil, gas, ... or any of the products covered by this lease is or can be produced.” Encompassing 3440 acres, the leased land consisted of two insular tr...
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MEMORANDUM ON REMAND FROM THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT The remaining issue in these cases concerns whether plaintiffs are to have an opportunity to pursue their claims of negli *266 gence pursuant to the applicable provisions of the Federal Tort Claims Act (FTCA). Understanding the present procedural cast of the cases requires brief reference to the prior proceedi...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on the motions of the individual Kerr-McGee defendants 1 for judgment on the pleadings' and the motions of the F.B.I. defendants 2 and defendant Jacque Srouji, for summary judgment. Defendants maintain the first two counts 3 of plaintiffs’ complaint fails to state a cause of action upon which ...
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ORDER This is a Bankruptcy appeal involving an attempted late filing of a claim by the United States on behalf of the Small Business Administration (SBA). The bankrupt borrowed money from the SBA on certain real property, which had an estimated market value in excess of the loan. When H & C was involved in bankruptcy proceedings, a notice of the first meeting of creditors was sent to the SBA, whi...
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MEMORANDUM OPINION AND ORDER A United States magistrate of this district granted, 28 U.S.C. § 636(b)(1)(A), the pretrial motion herein of the defendant Volkswagenwerk Aktiengesellschaft (VWAG) to quash, as insufficient, the service of process upon it. Rule 12(b)(5), Federal Rules of Civil Procedure. The plaintiff moved a judge of this Court to reconsider such ruling on the ground that same was cl...
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MEMORANDUM OPINION AND ORDER Plaintiff, James A. McClanahan, has petitioned this court to review 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 incorpor...
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OPINION AND ORDER FACTS On June 6, 1977, petitioner was sentenced to a two year term for making false statements to influence a federal savings and loan association. His initial parole hearing was held on December 7, 1977, before a panel of parole commission examiners. The commission denied parole and a “Notice of Action” dated December 29, 1977, was sent. The decision of the commission was t...
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RULING ON MOTION FOR SUMMARY JUDGMENT Plaintiffs seek redress from Avco Lycoming Division’s 1 (Avco) alleged violations of the Age Discrimination in Employment Act of 1967 (ADEA) 29 U.S.C. § 621 et seq. and of the due process clause of the Fifth Amendment of the Constitution. Plaintiffs have brought this class action to obtain damages and injunctive relief on behalf ...
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ORDER This action is before the Court on appeal from a decision by United States Bankruptcy Judge Robinson filed on May 17, 1978. The plaintiff-debtor appeals the bankruptcy judge’s ruling on his motion to determine the dischargeability of Jane S. Crist’s claims in this Chapter XII proceeding. The motion for a determination was heard by the bankruptcy judge on February 24, 1978. As a result of tha...
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ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION Plaintiff moves this Court, pursuant to Rule 65 of the Federal Rules of Civil Procedure, to enjoin defendants from dismissing, terminating, or in any way interfering with *83his employment with Boise State University (“BSU”) during his action against defendants. The Court, having reviewed all matters of record and having received oral arguments and ...
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MEMORANDUM AND ORDER This cause is before the court on the motion of crossplaintiff City Savings Association, by its receiver Samuel Berke, [hereinafter the receiver] and pursuant to Fed.R. Civ.Proc. 56 for entry of summary judgment on Count IX of his amended first crosscomplaint against defendant First National Bank and Trust Company of Alton as executor of the estate of Joseph E. Knight...
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MEMORANDUM OPINION AND ORDER On June 12, 1978, the defendant, James Inendino, was found guilty by a jury of violation of 18 U.S.C. § 371 and 18 U.S.C. § 2313. On June 13, 1978, the court was informed that a petition for dangerous special offender sentencing under 18 U.S.C. § 3575 had been filed by the government on May 19,1978. Chief Judge Parsons ordered the petition suppressed until a j...
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ORDER The matter before the Court concerns defendant’s motion to dismiss or, in the alternative, to quash service of process filed on August 21, 1978. Defendant contends that plaintiff’s service of process upon the defendant was not in accord with § 617.3 of the 1977 Iowa Code and that, therefore, plaintiff’s service of process pursuant to Rule 56.2 of the Iowa Rules of Civil Procedure was insuffi...
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This action is brought under Section 205(g) of the Social Security Act, 42 U.S.C. Section 405(g), for judicial review of a decision by the Secretary of Health, Education & Welfare denying the claimant’s application for disability insurance benefits under Sections 216(i) and 223 of the Act, 42 U.S.C. Sections 416(i) and 423. This case being appropriate for summary judgment, it is submitted on the r...
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OPINION Plaintiff George Mears has brought this action to recover for injuries sustained by him while he was serving as an Ordinary Seaman aboard defendant’s ship, the S.S. Export Buyer. Plaintiff claims that the ship was unseaworthy by virtue of the presence on board of a man “unequal in disposition and temperament to other men in the calling.” Plaintiff’s Proposed Conclusions of Law. Specific...
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MEMORANDUM DECISION The Securities and Exchange Commission (“SEC”) has filed a complaint charging the defendants, Energy Group of America (“EGA”) and its president and sole stockholder, Edwin G. Axel (“Axel”), with violations of various provisions of the Securities Act of 1933, the Securities Exchange Act of 1934, and rules promulgated thereunder. The SEC seeks an injunction against the c...
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MEMORANDUM The defendant, Karl R. Huber, has moved to quash the indictments handed up against him by grand juries 1 of this district on grounds that those juries were selected by a process that constitutes a “substantial failure” to comport with the Jury Selection and Service Act of 1968 (“the Act”), 28 U.S.C. § 1861 et seq.; id. § 1867(d). Although this motion was o...
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OPINION In an omnibus motion, all defendants in this multicount indictment alleging a pattern of racketeering activity and securities fraud and bankruptcy fraud conspiracies in connection with the operation of the Westchester Premier Theatre (the “Theatre”) have moved, pursuant to Rule 41(b), Fed.R. Crim.P., and 18 U.S.C. § 2518(10)(a), for an order suppressing evidence obtained as a resu...
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*2ORDER Plaintiff Allstate Insurance Company (Allstate) brings this action for declaratory relief in connection with an automobile liability insurance policy Allstate issued to Gene C. Victory on a 1972 Pontiac Grand Prix. Said vehicle, while operated by Cindy D. Phelps, was involved in a two-vehicle accident in Oklahoma City, Oklahoma on July 3, 1977. The other automobile involved in the acciden...
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MEMORANDUM I — INTRODUCTION Plaintiff, Calvin F. Smith, previously incarcerated at the United States Penitentiary at Lewisburg, Pennsylvania and presently at the United States Penitentiary at Atlanta, Georgia filed this action on January *817 4, 1978. 1 In his complaint, Plaintiff requests the Court to order the disclosure of certain documents held by t...
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*1385 MEMORANDUM AND ORDER Plaintiff, Joseph Horne Company, filed this action pursuant to the Freedom of Information Act (“FOIA” or the “Act”), 5 U.S.C. § 552, following the refusal of the defendant, National Labor Relations Board (“NLRB” or “Board”) to supply plaintiff with copies of specified documents from a case which the Board had closed (Case No. 5-cb-1352). Jurisdicti...
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ORDER Plaintiff commenced this action to require the defendant to pay to him certain amounts being withheld from his military retirement pay, claiming jurisdiction under 28 U.S.C. § 1332 — (diversity of citizenship). 1 The defendant answered and filed a motion to dismiss on the grounds of lack of jurisdiction — (F.R.C.P. 12 (b)(1) — and failure to state a cause of action — (F.R.C.P. 12 (b)(6)...
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MEMORANDUM OPINION AND ORDER The defendant Nichols Construction Company moved the Court to dismiss this action, or alternatively, to stay it because of a pending previously-commenced action between the same parties involving the same issues as herein in another district court. A magistrate recommended that such motion be denied in its former alternative, but that it be granted in its latter altern...
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This is an action for breach of contract and false representations which plaintiff originally brought in Vermont Superior Court, Caledonia County. In its complaint, filed on September 21,1978, plaintiff alleges that it is a Canadian corporation, defendant Railco, Inc. is an Oregon corporation, defendant Foley Brothers, Inc. is a Minnesota corporation and “Defendant FoleyRailco is a joint venture f...
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OPINION These are consolidated actions filed by the Eastern District Council of the United Brotherhood of Carpenters and Joiners of America on behalf of its members and representatives, and Hovis, et al, Trustees of the Eastern District Council of Carpenters Pension and Health and Welfare Funds, against the Blake Construction Company for damages resulting from the breach of an internation...
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MEMORANDUM OPINION AND JUDGMENT Plaintiff has filed this action challenging certain provisions of his awards of “black lung” benefits and disability insurance benefits under the Federal Coal Mine Health and Safety Act and the Social Security Act, respectively. Jurisdiction of this court is pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), which is incorporated by the Federal ...
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*1217DECISION AND ORDER The present action has been brought by the plaintiff, an inmate at the Waupun Correctional Institution at Waupun, Wisconsin, to contest the conditions of confinement imposed upon him by the defendant, the warden at the aforesaid institution. This court has jurisdiction to entertain the action pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1343. Cooper v. Lockhart, 489 F.2d 30...
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MEMORANDUM OPINION AND ORDER The complaint herein alleges that Joe Roy Sanchez was unmarried at the time of his death on June 2,1977. The complaint is brought by the personal representative of his estate as well as his brothers and sisters who are his sole heirs at law. It is alleged that defendant David Marquez, an officer of the San Luis, Colorado Police Department and a deputy sheriff of Cos...
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ORDER On July 25, 1978, the Court, after a trial on the merits, ruled in favor of the defendant and dismissed the plaintiff’s claim in this Title VII case. As part of the order dismissing the case, the Court provided that each party bear its own costs. Presently before the Court is the defendant’s motion to amend the judgment to award costs to the defendant. Under Federal Rules of Civil Procedure ...
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MEMORANDUM OF DECISION The plaintiff in this action seeks to enjoin the garnishment of his Navy retirement pay ordered by a New York state court. The gravamen of plaintiff’s claim lies in a challenge to the constitutionality of the application of New York’s matrimonial long-arm statute, N.Y.Civ.Prac.Law (McKinney) § 302(b). 1 FACTS Plaintiff, while in the Navy in Oct...
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ORDER ON MOTION FOR SUMMARY JUDGMENT THIS CAUSE came before the Court on Defendant, LYKES BROS. STEAMSHIP COMPANY, INC.’s (LYKES), motion for summary judgment. The issue raised is whether the appropriate limitations period bars this claim by a shipper for affreightment overcharges which were caused by the shipper’s agent’s improper designation of the shipped goods on the bill of lading. ...
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ORDER GRANTING MOTION TO DISMISS In 1976, plaintiffs World Communications Corporation, a Hawaii corporation, and Gregg C. Barnes, a citizen of Hawaii, brought this suit against defendant Micronesian Telecommunications Corporation, a corporation organized under the laws of the Trust Territory of the Pacific Islands with its principal place of business in Saipan, for allegedly violating a wr...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on the motion of the plaintiff, Folding Cartons, Inc., for determination of a class pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure. The corporate plaintiff alleges in the amended complaint that the 27 corporate defendants and others, acting in concert, have restrained interstate trade and commerce by fixing and mai...
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Memorandum Plaintiff Enid Rehbock, a citizen of Highland Park, Illinois, files this class action for injunctive and declaratory relief and damages allegedly arising out of the suspension of her driver’s license by the Secretary of State of Illinois. She claims that absence of a meaningful chance by which she could obtain a restricted driver’s permit during the suspension deprived her of d...
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MEMORANDUM AND ORDER This is a class action brought under Section 17(a) of the Securities Act of 1933 and pursuant to Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. The case is now before the court for approval of a settlement agreement between plaintiffs and defendant Tucker, Charno and allowance of attorneys’ fees to plaintiffs’ counsel. A hearing on...
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MEMORANDUM AND ORDER This case comes now before the court for determination of defendant’s motion for summary judgment. The proceeding was instituted by plaintiff against the Secretary of Health, Education and Welfare, as authorized by 42 U.S.C. § 405(g), for the purpose of obtaining judicial review of a final decision of the Secretary denying plaintiff’s application for disability insurance be...
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The defendants, Eugene Grannan, Julius Grollman and the Chesapeake and Potomac Telephone Company (hereafter C&P) have filed motions for summary judgment on the remaining causes of action pending against them. The plaintiffs, Richard and Marie Von Lusch, have opposed the defendants’ motions and have themselves requested summary judgment. The pending claims are under [42 U.S.C.A.] § 1983 and stat...
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MEMORANDUM AND ORDERS TERMINATING TEMPORARY RECEIVERSHIP OF SOUTH BOSTON HIGH SCHOOL At the hearing on August 31, 1978 the court granted the school defendants’ motion for termination of the temporary receivership of South Boston High School and stated its basic findings supporting that order. The school defendants’ motion, filed April 28, 1978, was accompanied by a form of proposed consent decr...
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OPINION Petitioner James Martorano has moved for a new trial pursuant to Fed.R.Crim.P. 33, claiming that he was denied effective assistance of counsel in violation of the Sixth Amendment. Martorano is currently incarcerated after his conviction on each count of a four count indictment. Counts one and two charged him with conspiring to make and with making an extortionate extension of credit (lo...
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ORDER On May 30, 1978 the defendants, John F.B. Green, John F. Green, Beatrice M. Green and Judith A. Green filed their notice of appeal from the order of the Bankruptcy Judge entered May 26, 1978 disallowing “the claim of the Centennial Bank against the proceeds from the sale of the property in which it had a security interest and in effect ordered ‘marshalling of assets’.” (Appellants’ notice...
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OPINION AND ORDER I. BACKGROUND This litigation consists of four actions pending in two districts — three in the Southern District of New York and one in the Western District of Texas. The actions are all brought under, inter alia, the federal securities laws. The major defendants in these actions are Commonwealth Oil Refining Company (CORCO), TESORO Petroleum Corporation ...
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ENDORSEMENT In her pro se complaint, Roslyn C. Marinoff seeks to compel an investigation by the Department of Health, Education and Welfare (HEW) into whether a certain chemical substance can serve as a cure for cancer. Although the exact nature of the relief it requests is unclear, the complaint can be interpreted as a request for either mandamus relief under 28 U.S.C. § 1361 or judicial revie...
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MEMORANDUM AND ORDER Following a jury verdict of “guilty” on a charge of obstruction of justice (18 U.S.C. § 1510), defendant moves pursuant to Rule 29 of the Federal Rules of Criminal Procedure to set aside the verdict against him on the ground that the superseding indictment returned against him by a different grand jury than the one which returned the first indictment was based on insufficient ...
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OPINION On February 25, 1977, plaintiff Janex Corporation commenced this suit against Bradley Time, Elgin National Industries, Inc., 1 Walt Disney Productions, Inc., and Children’s Television Workshop, alleging patent infringement. The patent in dispute is No. 3,835,640, awarded to Alexander W. Hughes, President of Janex, for a character *384 alarm clock with voice...
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MEMORANDUM DECISION This is an action to set aside two Orderly Marketing Agreements (“OMAs”) negotiated by the Special Trade Representative (“STR”) pursuant to the Trade Act of 1974, Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, 19 U.S.C. § 2101 et seq. (“the Act”). The agreements were negotiated with the governments of Taiwan and South Korea, and they deal with the number of pa...
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COURT’S FINDINGS OF FACT AND CONCLUSIONS OF LAW The following shall constitute the Findings of Fact and Conclusions of Law of the Court: FINDINGS OF FACT 1. The plaintiff, August R. Rysavy, President of Local 228, National Federation of Federal Employees, which represents all non-supervisory employees of the Sioux Falls Insuring Office, Department of HUD, has filed this suit alleging that a restru...
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DECISION AND ORDER This is an action brought pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1331(a) challenging the manner of plaintiff Ernest J. Terrien’s termination from employment as Executive Director of the defendant Metropolitan Milwaukee Criminal Justice Council (the “Council”) in November 1974. The other defendants are past and present members of the Council. Presently before the court are ...
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OPINION AND ORDER This is a civil action for declaratory relief brought by the State of Wisconsin against officers and members of the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. It was commenced in the Circuit Court for Sawyer County, Wisconsin. Defendants have removed the action to this court, asserting in the petition for removal that t...
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OPINION AND ORDER This is an action for declaratory, injunctive, and monetary relief in which the subject matter is virtually, but not wholly, identical to the subject matter of State of Wisconsin v. Baker et al., 464 F.Supp. 1377 (W.D.Wis.). According to the complaint, plaintiffs include: a Wisconsin corporation whose membership is primarily composed of “the owners of private real estate on ...
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OPINION AND ORDER GRANTING SUMMARY JUDGMENT This is an action by a non-employee spouse which seeks, as part of a marriage dissolution, her alleged community property interest in her husband’s retirement plan. That plan was established by her husband’s employer, United Technologies, pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq. (“ERI-...
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MEMORANDUM OPINION Section 5 of the Indian Reorganization Act of 1934 authorizes the Secretary of the Interior, “in his discretion,” to acquire land or any interest therein “for the purpose of providing land to Indians.” 25 U.S.C. § 465 (1970). This case involves a dispute over the proper interpretation of this increasingly important but rarely litigated federal statute. The dispute arose when ...
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ORDER This is a case of first impression, involving the meaning of the “lodging” exception to the Internal Revenue Code investment tax credit provision. The plaintiffs, Aaron Rents, Inc., Aaron Sells, Inc., and MacTavish Furniture Industries, Inc. [hereinafter collectively “Rents”] filed this action challenging under 28 U.S.C. § 1346(a)(1) a denial by the Internal Revenue Service of their...
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OPINION The court conducted a hearing in this cause on September 14, 1978, to determine whether plaintiff should be granted a preliminary injunction, pursuant to Rule 65, Fed.R.Civ.P. It has taken detailed testimony from the parties and their witnesses. This testimony has uncovered a sharp disagreement between the parties, who are partners in a shopping center development, over the proper...
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OPINION This diversity of citizenship action is one which illustrates the dangers sometimes involved in attempting to be too shrewd in the exercise of a legitimate right. After carefully reviewing the thousands of pages of transcripts and exhibits in this case, the Court has concluded that the defendant, Roadway Express, Inc. (hereinafter referred to as “REX”), is liable to the plaintiff,...
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FINDINGS, RULINGS AND ORDER FOR JUDGMENT In this action, plaintiff seeks a declaratory judgment that it is not liable for further royalty payments under a patent license agreement and recovery of alleged overpayments made under a mistake .of law. Defendant has counterclaimed for unpaid patent royalties and for an accounting of alleged trademark royalties which it claims are due under the ...
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MEMORANDUM AND ORDER Plaintiffs, owners of the Linncreek Auction establishment in Linn Creek, Missouri, have filed a civil suit for refund of certain taxes paid to defendants for the year 1974 and for declaratory relief concerning tax liability for the years 1974 and 1975. From the complaint, it appears that plaintiffs operate an auction house in Camden County, Missouri. They assert that auctionee...
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MEMORANDUM AND ORDER Petitioner, presently confined at the Federal Correctional Institution, El Reno, Oklahoma, has filed a pro se motion to vacate sentence pursuant to 28 U.S.C. § 2255. He asserts that the United States Parole Commission has subverted the objective sentencing intent of this Court by its refusal to grant petitioner meaningful parole consideration. Jurisdiction is alleged to lie un...
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MEMORANDUM AND ORDER Plaintiff, presently confined at the Missouri State Penitentiary, Jefferson City, has filed a pro se civil rights action against a large number of state officers and Magistrate Richard Ralston of this Court. Jurisdiction is alleged to lie under 28 U.S.C. § 1331 and 42 U.S.C. § 1983. Plaintiff also seeks to prosecute this case as a class action on behalf of ...
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Defendant, The New York Telephone Company (“the telephone company”) moves pursuant to Rule 12(c), Fed.R.Civ.P., for judgment on the pleadings on the grounds of lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. For the reasons hereinafter stated, the motion is granted and the amended complaint is dismissed. Plaintiffs Floyd J. Kops and John J...
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The motion to dismiss the “Second Supplemental and Amended Complaint” is granted. I. Failure to Satisfy Rule 9(b) Rule 9(b) of the Federal Rules of Civil Procedure requires that “[I]n all averments of fraud . . ., the circumstances constituting fraud . . . shall be stated with particularity.” The allegations of fraud in the present complaint are so devoid of detail as to depr...
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MEMORANDUM The plaintiffs in this as-yet-uncertified class action have moved to amend their complaint pursuant to Rule 15 of the Federal Rules of Civil Procedure (“Rules”). In its present posture the complaint charges numerous violations of securities and common law in behalf of a class consisting of all persons who, from January 6,1967 to January 17,1977, purchased the stock of General Telephone...
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OPINION Plaintiff, Arnold Duckett, is presently an inmate at New York’s Clinton Correctional Facility. He brings this Civil Rights Action, pro se, pursuant to section 1983 of the Civil Rights Act (42 U.S.C. § 1983), against Benjamin Ward, Commissioner of New York’s Correctional Facilities; Superintendent O’Mara of the Wallkill Correctional Facility; Sergeant Dunn and Captain Ze...
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OPINION Plaintiffs, the heir and assignees of the late Agatha Christie, seek an order enjoining the defendant movie producers, Casablanca Records, Filmworks, First Artists and Warner Brothers (hereinafter referred to as the “movie case”) from distributing or showing the motion picture “Agatha”. Plaintiffs, in a related case, similarly seek an order enjoining defendant publisher, Ballantin...
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OPINION Plaintiff Metropa Co., Ltd., a New York corporation with its principal place of business in this State, is engaged in the import and sale of a line of wigs under the legally registered trademark, “Naomi Sims Collection.” The defendant, Mark Choi, is the owner and operator of a sole proprietorship in California. Plaintiff’s complaint alleges that its mark is infringed by defendant’...
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OPINION AND ORDER The plaintiff, Thomas Publishing Company, initiated an action for an order declaring that the New York Human Rights Law, N.Y.Exec.Law § 290 et seq. (McKinney 1972 & Supp.), is not enforceable and is a nullity because it is in direct conflict with and subordinate to the provisions of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and for injunctive relief against the def...
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OPINION I. History of Case On June 30, 1978, Limbach Company (Limbach) instituted a civil action for mon *348 ey damages against Renaissance Center Partnership (Renaissance) in the Court of Common Pleas of Allegheny County, Pennslvania, for alleged breach of contract arising out of construction work performed at the Renaissance Center project in Detroit, Michigan...
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OPINION Plaintiff, a prisoner confined at the State Correctional Institution at Graterford, Pennsylvania, filed this complaint pro se on November 23, 1976. He alleges that the statewide inmate compensation system, currently in force at Graterford, violates his civil rights. Plaintiff seeks damages and equitable relief under the 1871 Civil Rights Act, 42 U.S.C. §§ 1983, 1985 (19...
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MEMORANDUM In this action by Caster Wood, a fisherman, against defendant Standard Products Company, Inc., shipowner, and defendant United States of America, Wood amended his complaint to add Dr. Robert E. Beatley as a party. Dr. Beatley is the physician who treated Wood for fish slime infection and it is the alleged deficiency in that treatment which is central to this action. Wood, ...
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MEMORANDUM As Sir Arthur Sullivan observed a century ago, a policeman’s lot is not a happy one. By the very nature of their calling they are daily confronted with unpleasant situations and unpleasant people. Required to enforce the law, police officers must confront persons who have chosen not to obey the law. Required to maintain the peace, police officers are thrust into the midst of persons who...
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ORDER OP DISMISSAL This is a Civil Rights action under 42 U.S.C. § 1983 by an inmate at the Colorado State Reformatory in Buena Vista, Colorado. Defendants John M. Zapien and Gordon Heggie are members of the Colorado State Board of Parole who have moved to dismiss the complaint. Plaintiff was given a hearing by the Colorado State Board of Parole on July 19, 1978. C.R.S. 17-1-201(3)(c) (1973) ...
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ORDER The indictment in this case arises from an alleged bid-rigging scheme involving highway construction on federal aid routes 18 and 26. Count I charges that the defendants conspired to rig the bidding on certain contracts offered by the State of Illinois in violation of § 1 of the Sherman Act, 15 U.S.C. § 1. Counts 2 through 13 charge that the defendants conspired to defraud the State...
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457 F.Supp. 335 (1978) Francine L. CULLARI, Plaintiff, v. EAST-WEST GATEWAY COORDINATING COUNCIL, Defendant. No. 76-1108C(3). United States District Court, E. D. Missouri, E. D. September 18, 1978. Mary Anne Sedey, Anderson, Everett, Sedey & VanAmburg, St. Louis, Mo., for plaintiff. Edward E. Murphy, Jr., Murphy-McCarthy Associates P. C., Clayton, Mo., for defendant. MEMORANDUM NANGLE, Distr...
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MEMORANDUM This matter is before the Court upon certain defendants’ motions to dismiss, or in the alternative, for summary judgment. Plaintiffs brought this suit pursuant to 28 U.S.C. §§ 1331 and 1343, alleging violations of their constitutional rights. Plaintiff Kerasotes Missouri Theatres, Inc. is a Missouri corporation which owns and operates the Family Drive-In Theater in Dexter, Missouri. Pla...
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MEMORANDUM DECISION This action arises from an accident at sea resulting in partial damage and loss to machinery shipped by vessel by plaintiff General Electric Co. (“GE”). Defendants are the carrier Big Lift Shipping Co. (N.A.) Inc. and its general western hemisphere agents Big Lift U.S.A. Inc. (collectively “Big Lift”), the vessel M.V. Lady Sophie (“Lady Sophie”) and her owner and chart...
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MEMORANDUM AND ORDER In this case plaintiff has moved for, among other things, an order striking defendants’ third affirmative defense of the statute of limitations, and defendants have cross-moved for summary judgment dismissing all nine counts of the second amended complaint (referred to hereafter as the “complaint”). The motions have been submitted to the court on the basis of the plea...
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MEMORANDUM OPINION The defendants move to suppress items seized from a house located at 146-39 183rd Street, Queens, New York. The motion is denied. The facts brought out at a pre-trial hearing are as follows. On February 19, 1978 the New York City Fire Department responded to a fire alarm at 146-39 183rd Street, Queens. The firemen arrived at the scene of the fire at approximately 4 p. m. Th...
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ORDER Plaintiff Armour and Company brings this diversity action seeking to recover on a promissory note executed by Defendant Frank Jones. Jones has filed a Counterclaim against Plaintiff and a Third Party Complaint against Tahlequah Mill and Elevator (Tahlequah Mill) and First National Bank of Tahlequah (First National Bank). The matter is now before the Court for consideration of Plaintiff’s Mo...
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OPINION Plaintiffs, Rebecca Hopewell, Eunice G. Stewart, Gloria Proctor and Carol E. Wise have brought this action against defendants, the University of Pittsburgh (University) and the Board of Trustees of the University, asserting individual and class claims arising out of alleged violations of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. and 42 U.S.C. § 1981. They now move for certi...
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*45 MEMORANDUM AND ORDER Plaintiff Donald Edward Allen (“Allen”) brought this civil rights action pursuant to 42 U.S.C. § 1983 alleging that the defendants, while acting under color of state law, deprived him of his Fourteenth Amendment right to due process of law by failing to properly docket and file, pursuant to the Pennsylvania Post Conviction Hearing Act (“PCHA”), 19 Pa.C.S....
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*613 OPINION AND ORDER Plaintiffs Timothy Naughton and his father bring this action against Dr. Joseph Bevilacqua, Director of the Department of Mental Health, Retardation and Hospitals (“MHRH”) for the State of Rhode Island, against Dr. Gerald Bannash, a physician employed by MHRH, and against the State of Rhode Island, as their employer, for permanent injunctive relief and dama...
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ORDER This action was initiated on behalf of Jane D. as a class action, to secure rights under the National School Lunch Act, 42 U.S.C., §§ 1751, et seq., which plaintiffs allege had been violated by all defendants originally named in this action. Plaintiffs prayed for preliminary and permanent injunctive relief, as well as, for damages under 42 U.S.C. § 1983. Originally, in addition to defendant ...
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OPINION AND ORDER Plaintiff, a longshoreman, claims he was injured while performing duties on board defendant’s vessel while the vessel was working cargo at Norfolk, Virginia, on September 30, 1977. Pursuant to the provisions of the Longshoremen’s and Harbor Workers’ Compensation Act, plaintiff received compensation from his stevedore employer from October 1, 1977, to June 11, 1978. Plain...
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DECISION and ORDER This case is before me on the motion of the defendant, Jerome Johnson, to dismiss the claims against him. In August, 1976, the plaintiff was arrested by agents of the tri-county investigative unit, an organization composed of law enforcement officers from three counties in northern Wisconsin. The plaintiff was charged with selling cocaine, and the criminal case against him is pr...
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MEMORANDUM John N. Mitchell originally received a sentence of 30 months to eight years. This *1045sentence was modified on October 4, 1977, to a sentence of one to four years. Mitchell began his incarceration on June 22, 1977. Subsequently he was granted a medical furlough of approximately five months in duration. On July 5, 1978, a hearing panel of the United States Parole Commission recommended ...
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MEMORANDUM OPINION AND ORDER The parties are before the court on cross motions for summary judgment. After careful consideration of the issues raised and arguments of counsel, the court finds there is no triable issue of fact and that plaintiff is entitled to judgment as a matter of law. BACKGROUND The undisputed facts before the court show that plaintiff Fred Hurvich is the widower of Laur...
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MEMORANDUM OPINION AND ORDER State Automobile and Casualty Underwriters (State Auto) brought this action for a refund of income taxes for the year 1970 in the amount of $39,556 plus costs, interest and attorneys fees. The ultimate issue is the amount of tax credit it is entitled to take under 26 U.S.C. § 826(e) for taxes paid by Automobile Underwriters Corporation (AU), its attorney-in-fact. That ...
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MEMORANDUM AND ORDER This is a products liability action which comes before the Court upon various motions filed by defendants. Oral argument has been heard and the parties have submitted extensive briefs. The Court is prepared to rule. Defendants American Honda and Honda Motor Company are the distributor and manufacturer, respectively, of Honda motorcycles sold in this country. Plai...
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MEMORANDUM OF DECISION This case is before the court for consideration of plaintiff’s motion for reconsideration of order transferring this case.' Defendant filed a motion to transfer this case pursuant to 28 U.S.C. § 1404(a). After receiving memoranda from the parties, a hearing was held. Following the hearing, the court requested that additional papers and supplemental memoranda be...
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This litigation consists of two actions pending in two districts, one each in the District of the District of Columbia and the District of North Dakota. Both actions involve the Garrison Diversion Unit (Garrison), a federal water project presently structured by Congress to provide irrigation service to 250,000 acres in North Dakota. The project is also designed to provide several recreatio...
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ORDER ON MOTION FOR PRELIMINARY INJUNCTION This is an action brought by American Horse Protection Association, Inc. and the Humane Society of the United States against the Secretary of the Interior and subordinate officials for declaratory and injunctive relief concerning the administration in Nevada of the Wild Horses and Burros Act adopted by the Congress on December 15, 1971. *882 The Co...
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OPINION These are companion motions for summary judgment brought pursuant to Rule 56 of the Federal Rules of Civil Procedure by defendants N.V. Stoomvaart-Maats “Oost-zee” (“Stoomvaart”) and M. P. Howlett, Inc. (“Howlett”). Plaintiff Giuseppe Bongiovanni, formerly employed as a longshoreman by Universal Stevedoring Co. (“Universal”), seeks to recover for injuries incurred during the ...
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In January of 1976, the Securities and Exchange Commission (Commission) brought this action against Judson Streicher charging him with having manipulated the stock of the Conrac Corporation in violation of various provisions of the 1934 Securities and Exchange Act. Shortly after this civil action was commenced, the United States Attorney (U.S. Attorney) for the Southern District of New York began ...
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This is a diversity action instituted by the plaintiff to recover from the officers and shareholders of Waxman Construction Corp. the sum of $1,188,310.72 (minus unearned finance charges) plus interest. This amount represents the deficiency due under *1224 conditional sale contracts signed by Harry Waxman as president and Sydney W. Wax-man as secretary of the Waxman Construction Co...
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AMENDED MEMORANDUM AND ORDER Charles and Diann Praetorius, indicted along with numerous others for violations of the laws relating to drugs, 21 U.S.C. §§ 841 ff., have moved to suppress evidence seized by government officers in their house in Pleasantville, New York. The indictment charges, among other things, a widespread conspiracy to import heroin from Bangkok, Thailand, and includes s...
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MEMORANDUM DECISION The plaintiff in this employment discrimination action brought pursuant to the Title YII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., was awarded back pay and an offer of a position as a cocktail waitress in defendants’ club after prevailing in a state administrative proceeding and upon appellate review by the state courts. The complaint was initially fi...
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OPINION and ORDER Several railroad companies bring this action for declaratory and injunctive relief. They contend that a 1975 Oregon statute is unconstitutional or preempted by the federal law governing railroads.1 The action must be dismissed for lack of jurisdiction because it doe not present a justiciable “case or controversy.”2 Plaintiffs are railroad companies (Railroads) engaged in the bus...
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MEMORANDUM This action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., alleges that plaintiffs’ decedent was killed as a result of defendant’s negligence. The defendant has moved for summary judgment on the ground that any negligence which caused the decedent to be injured was conduct not of it or of its employees but rather of the independent con...
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OPINION Plaintiffs, a family trust and its trustee, brought suits for patent infringement and for unfair competition based on defendant’s manufacture and sale of chassis for front-discharge concrete mixers. We granted defendant’s motion for summary judgment as to the unfair competition claim but denied the motion as to the patent claim, 444 F.Supp. 1277 (E.D.Pa.1978). Three issues were tr...
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MEMORANDUM Plaintiff, a cattle seller, brings this action 1 in three counts to recover for damages arising from the sale of cattle from April 6 through June 2, 1977, Complaint, Docket Entry No. 1. Count I against S. Bonaccurso & Sons, Inc., (SBI) seeks recovery of the price of cattle sold and delivered to SBI as ordered and accepted and for which plaintiff has not been paid. Th...
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MEMORANDUM OPINION AND ORDER On October 5,1977, plaintiff, Norfolk and Western Railway Company, filed this action naming the Brotherhood of Locomotive Engineers and various union officials as defendants, requesting declaratory and injunctive relief prohibiting defendants from progressing by strike, or otherwise, demands made in certain notices filed under § 6 of the Railway Labor Act, 45 ...
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MEMORANDUM OPINION Petitioner Dennis Ray Clark comes before this court seeking habeas corpus relief for the alleged breach of a plea bargain. On June 16, 1977, petitioner pled guilty in the Circuit Court of the City of Roanoke to statutory burglary and grand larceny. In the negotiations which preceded the plea, it was agreed by the parties that the Assistant Commonwealth’s Attorney would recommen...
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MEMORANDUM Plaintiff Consejo Puertorriqueño por la Paz (Consejo) and other groups advocating independence for Puerto Rico brought this action seeking to enjoin the Federal Bureau of Investigation (FBI) and other defendants from disrupting or interfering with activities of the plaintiff groups or their members. Plaintiffs are alleging that acts committed by defendants violate plaintiffs’ First Amen...
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456 F. Supp. 1075 (1978) Robert A. WRIGHT, Plaintiff, v. CONTINENTAL CASUALTY COMPANY, Defendant. No. 78-381-Orl-Civ-Y. United States District Court, M. D. Florida, Orlando Division. September 14, 1978. *1076 David M. Hammond, Meyers, Mooney & Adler, P. A., Orlando, Fla., for plaintiff. Walton B. Hallowes, Jr., Wells, Gattis & Hallowes, P. A., Orlando, Fla., for defendant. MEMORANDUM OPI...
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MEMORANDUM AND ORDER This is a civil rights action, in which plaintiff seeks declaratory, injunctive, and monetary relief, and alleges various practices of discrimination in employment on the basis of race. Claims are presented under Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e et seq., the Civil Rights Acts of 1870, 42 U.S.C.A. 1981, -and the Thirteenth and Fourteenth Amendment...
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AMENDED MEMORANDUM Defendants have moved for a stay pending appeal of an order directing compliance with Internal Revenue Service Summonses. A stay pending appeal will be granted where the moving party can show: (1) A likelihood that the petitioner will prevail on the merits of the appeal; (2) Irreparable injury to the petitioner unless the stay is granted; (3) No substantial harm to othe...
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MEMORANDUM-DECISION and ORDER This is a motion brought by order to show cause signed September 8, 1978, by third-party plaintiff, New York State Office of Mental Retardation and Developmental Disabilities Commissioner Coughlin, to join to this action third-party defendants, New York City Board of Education, Board of Education Chancellor Macchiarola, and Charles I. Shonhaut, Acting Executive Direct...
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MEMORANDUM OPINION This is a somewhat bizzare action arising from involved dealings relating to claimed interests in mountain land in this state. A bench trial of the original claim and the counterclaim was conducted by the Court on July 10, 1978. Messrs. Herbert C. Leeming and Terry J. Aiken and Fred E. Filsoof, Esq. operated *286 businesses through two or more corporat...
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MEMORANDUM OPINION, ORDER AND CERTIFICATE This is an application by a prisoner of the state of Tennessee, Mr. Teddy Gordon Carver, for the federal writ of habeas corpus. He claims he is in the custody of the respondent sheriff pursuant to the judgment of January 31, 19781 in State of Tennessee v. Ted Carver, cases nos. 12446, 12449, 12451, 12453, 12455, 12457-12465, inclusive, 12480, and 12505 in ...
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MEMORANDUM OPINION This is a diversity action for damages for wrongful death arising from a railroad grade-crossing accident. The plaintiffs’ decedent died on June 8, 1976 as a result of injuries which she sustained when her automobile was struck broadside on its left by a locomotive of the defendant railroad while making an exit across an easement owned by, and from the premises of, the defendan...
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MEMORANDUM OPINION AND ORDER RELATING TO SUPPRESSION MOTION During the year 1974 Andrew Toussaint, the defendant herein, was an employee of the Internal Revenue Service. He was apparently employed as a Revenue Agent. Toussaint had become sufficiently skilled in his work to teach courses in Internal Revenue procedures. Toussaint earned about $20,000 per year as an employee of the IRS. Before emp...
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MEMORANDUM OPINION Procedural History This civil action began in September, 1977, when plaintiffs, a group of Mexican children who had entered the United States illegally and currently reside in Smith County, Texas, 1 sought injunctive and declaratory relief from this court by and through their parents, as next friends, against their exclusion from the public schools i...
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MEMORANDUM AND ORDER Plaintiff claims that the Secretary acted arbitrarily and ignored the substantial weight of evidence disclosed at the administrative hearing when he denied plaintiff’s claim for disability benefits under the Social Security Act, as amended, 42 U.S.C. § 301 et seq. Both parties have moved for judgment on the administrative record which the Court has thoroughly examined aft...
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MEMORANDUM AND ORDER All of the above-captioned cases came before the Court on a motions by the United States of America for summary judgment. All of the cases involved so-called “option contracts” executed between the then-owners of various parcels of land on Cape Code and the United States. The parcels are all located in what has become the National Seashore Park. The contracts were executed at...
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OPINION OF THE COURT INCORPORATING FINDINGS OF FACT AND CONCLUSIONS OF LAW These actions are brought by the Attorney General of the United States under two separate statutes, Action No. 75-70958 under the Equal Educational Opportunities Act of 1974 (EEOA), 20 U.S.C. §§ 1701-1758, and Action No. 76-70871 under Title IV of the Civil Rights Act of 1964, 42 U.S.C. § 2000c-6. Named as defendan...
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When this civil rights action under 42 U.S.C. § 1983 was first filed with the court on November 26, 1969, six named inmates and the Mattachine and Fortune Societies challenged the guidelines and procedures of the New York Department of Correctional Services governing the review by corrections officials and the receipt of literature by inmates in New York State correctional facilities. Plaintiff...
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MEMORANDUM OPINION AND ORDER This is an action for alleged infringement of a United States patent. The Court having duly heard testimony and received exhibits, the following shall constitute the Court’s findings of fact and conclusions of law as required by Rule 52, Federal Rules of Civil Procedure. THE PARTIES Plaintiff Frederick Taussig initiated this action to redress the all...
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OPINION AND ORDER This action is brought on behalf of a certified nationwide class of needy children who are eligible for free or reduced-price breakfasts under the federal School Breakfast Program, National School Lunch Act & Child Nutrition Act, 42 U.S.C. §§ 1751 et seq., but who do not receive breakfast due, allegedly, to the failure by defendant officials of the United Stat...
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ORDER This court, by its Order dated March 28, 1978, disposed of plaintiff’s various § 1983 claims involving hygiene and interprison transfers reserving for decision, after receiving requested additional information, a disposition of the issue involving the summary imposition of administrative segregation for disciplinary infractions. The requested information has been provided to the court so ...
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ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Pro se plaintiff Dr. Nayak was born in Mangalore, India December 8, 1942 and came to this country in 1973 as an exchange visitor doctor. 1 Seema Nayak, his son, was born in Columbia in 1975. 2 The specified term of Dr. Nayak’s visit has expired. Exchange visitors such as Dr. Nayak are required to return to their ...
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MEMORANDUM OPINION Defendants, Ralph A. Stieben and the Chicago and Northwestern Transportation Company, have moved this Court for a judgment on the pleadings or in the alternative partial summary judgment as to Plaintiff’s second cause of action on the grounds that the damages alleged in that cause of action (survival action) are recoverable under Plaintiff’s first cause of action (wrongful de...
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MEMORANDUM OPINION These cases were heard before the court, without a jury on the 20th and following days of June, 1977. After hearing and con *158 sidering the evidence and the argument and briefs of all parties the court filed a memorandum opinion and additional findings of fact and conclusions of law on September 20, 1977 in each case. Subsequently plaintiffs filed motions...
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MEMORANDUM OPINION RELATING TO GRANTING OF DEFENDANT’S MOTION FOR INSTRUCTED VERDICT Trial of the above-styled case commenced before a jury, and thereafter the plaintiffs introduced, under the adverse witness rule, the testimony of the defendant, J. Edward Scott. Each of the plaintiffs testified, i. e., C. J. Bridgen, Jr., W. C. Franklin, John L. Hermon, John T. Isberg, Frank J. Kearny, K...
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OPINION AND ORDER This appeal challenges a decision of the Bankruptcy Judge that the Internal Revenue Service has a valid claim for income taxes against appellants Calvin and Mildred Breit for the year 1973. Specifically, appellants contend that they were entitled to deduct $550,000 in loans from the Virginia National Bank to Thomas Circle Inn, Inc., as a net operating loss on their 1973 ...
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*1351 DECISION and ORDER This action is before me on the plaintiff’s motion for a preliminary injunction. For purposes of this motion, the following facts appear to be uncontroverted. Since 1968, the plaintiff corporation has owned land in the Lake Edge Park Plat adjacent to Lake Winnebago located in the city of Neenah, Wisconsin. The city has installed sewer and water lines and other impro...
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ORDER This is a Civil Rights action under 42 U.S.C. § 1983 by an inmate at the Colorado State Penitentiary in Canon City, Colorado. The defendants are Wayne K. Patterson, Warden at the Denver County Jail; Arnold L. Miller, Sheriff of the Arapahoe County Sheriff’s Department; and Sergeant Harold S. Burgess, employee of the Arapahoe County Sheriff’s Department. Plaintiff claims that, against hi...
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ORDER DENYING DEFENDANT’S MOTION TO DISMISS This matter, a suit arising under the Federal Water Pollution Control Act (the Act), 33 U.S.C. §§ 1251-1376 (1970 & Supp. V 1975), is before the court on defendant’s motion to dismiss or for more definite statement, filed July 3, 1978. By order of July 10, 1978, this court disposed of certain issues, reserving its ruling on one question only. We...
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MEMORANDUM OPINION This action was initiated upon a motion for a temporary restraining order filed by plaintiff Association of American Railroads (hereinafter referred to as “AAR”) challenging both the substantive and procedural legality of certain rear end train-marking regulations promulgated by the Federal Railroad Administration (hereinafter referred to as “FRA”). Plaintiff’s motion f...
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MEMORANDUM OF DECISION FINDINGS OF FACT AND CONCLUSIONS OF LAW This case encompasses three consolidated actions for the recovery of income taxes claimed by the plaintiffs to have been erroneously assessed for the tax year 1969. The issue before the Court is whether the issuance of shares of stock of two newly formed corporations to the shareholders of Guy’s Oil Service Station, Inc. (“Guy...
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ORDER This is an action challenging the constitutional validity of three recently enacted Georgia statutes, the so-called “Head Shop Acts:” (1) Ga.Code § 79A-811.1, outlawing the sale or offer of “drug-related objects;” (2) Ga.Code § 26-9913, prohibiting the sale or offer of “drug-related objects” to minors; and (3) Ga.Code § 26-9912, proscribing the sale or display of “restricted drug-related ...
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MEMORANDUM OPINION AND ORDER The motion to suppress in this case deals with a problem of great importance. That problem is the kind of cooperation that can legitimately exist between local and national law enforcement agencies to enforce the laws under which each of our citizens live. *591 Findings Relative to the Searches This is a prosecution for a felon in possession of a firearm, a ...
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OPINION Plaintiff is a longshoreman. On September 4, 1973, as an employee of the stevedoring company International Terminal Operating Co., Inc. (“International”), plaintiff was working in Hatch No. 2 on the S.S. South Breeze, docked in Brooklyn, New York, unloading a shipment of coffee. The S.S. South Breeze was then owned by defendant Compass Shipping Company (“Compass”) and was being op...
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*1011 MEMORANDUM AND ORDER By motion submitted on July 20, 1978, defendant County of Nassau seeks an order granting summary judgment dismissing the complaint against it. Although the motion is captioned as one for summary judgment, the county has not filed a statement of undisputed facts pursuant to EDNY Rule 9(g), stating that it is inapplicable to this motion. Therefore, the co...
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OPINION Plaintiff Consumer Concepts, Inc. (“Concepts”) brought this suit for an injunction and damages against defendant Mego Corporation (“Mego”) charging that Mego’s manufacture of a toy violated its duty of non-use and non-disclosure of confidential information conveyed to it by Concepts. Mego now moves, pursuant to section three of the Federal Arbitration Act of 1925, 1 to ...
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ORDER In this case, the plaintiff, Alberta Mixon, filed a complaint alleging violations of 42 U.S.C. §§ 1981 and 2000e et seq., as well as 29 U.S.C. § 159. She sought to bring the suit as a class action against her former employer and the union. Mrs. Mixon was the only named plaintiff. On June 17, 1978, Alberta Mixon died. On July 6, 1978, the defendants filed a motion to deny certification of the...
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OPINION Suit was brought by Dr. John N. Robinson for denial of staff privileges against Dr. George J. Magovern, Director of the Department of Surgery and Chief of Thoracic Surgery at Allegheny General Hospital; Cardiothoracic Surgical Associates, Inc. (CTSA), a professional corporation of physicians specializing in cardiothoracic surgery; Allegheny General Hospital (AGH) and its Trustees,...
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ADJUDICATION The plaintiff in this legal malpractice case alleges that she was injured in 1973 when she caught her foot in an uncovered vent pipe on a sidewalk and that shortly thereafter she entered into a contract with the defendant law firm to represent her in a personal injury case against the City of Philadelphia and the owner of the property on whose sidewalk she had fallen. She ass...
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OPINION I. History of Case This is a diversity action for damages arising out of a fire which occurred on November 3, 1977, at the Holiday Inn, New Castle, Pennsylvania. Plaintiff’s decedent, Thomas Frank Greenfield, was a business invitee at the motel and died in the blaze. The administrator instituted this civil action alleging that the fire and decedent’s death were caused by the joint a...
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OPINION AND ORDER The original complaint in this case was filed on January 5, 1977. The action was brought pursuant to the provisions of the Freedom of Information and Privacy Act, Title 5, United States Code, Section 552(a)(4)(B), (“the Act”), seeking the production of records kept by the Federal Bureau of Investigation pertaining to plaintiff anil his activities. Shortly after the filin...
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MEMORANDUM This is a wrongful death case which is before the Court because of diversity of citizenship. Defendant has moved for summary judgment and the matter has been fully briefed. The complaint was filed more than two years after the accident and death of the deceased. Thus, the action would appear to *1045be barred by Va.Code § 8-633 (1950),1 the section in which Virginia’s wrongful death la...
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MEMORANDUM This matter is before the Court on defendants’ motion of 31 July 1978 to dismiss this action for failure to state a claim upon which relief can be granted. Plaintiff has responded to the motion and the matter is no.w ripe for determination. Plaintiff brought suit in this Court against the Department of Education of the Commonwealth of Virginia and two officials of that dep...
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MEMORANDUM OPINION This is an appeal from a decision by the Interior Board of Land Appeals (IBLA) on the sufficiency of the date on simultaneous oil and gas entry cards. Under the provisions of 43 C.F.R. 3112 (1977) the plaintiff, Walter Sorensen, filed a Simultaneous Oil and Gas Entry Card for two parcels of land with the Wyoming State office of the Bureau of Land Management (BLM), ...
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OPINION Charging that his Fifth Amendment right to be indicted by a grand jury was violated by the participation in the proceedings of a Securities and Exchange Commission (“SEC”) lawyer who, having conducted a civil investigation and having obtained injunctive relief against him, allegedly had a conflict of interest, defendant Roger W. Osness moves to dismiss the indictment against him a...
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MEMORANDUM This is a suit brought by three individuals, on behalf of themselves and all others similarly situated, to redress an alleged policy of arbitrary discrimination in employment based on race and national origin. The cause is before the court on plaintiffs’ motions to amend Count I of the complaint and to certify a class, and on defendants’ motions for partial summary judgment on Counts I...
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ORDER This matter is before the Court on the motion for a jury trial filed by defendants Asset Management Corporation, Asset Securities, Inc., Asset Development Company, Inc., David L. Kimball, and Buddy C. Stanley. Fed.R.Civ.P. 38. In this action plaintiff, Securities and Exchange Commission, is seeking a preliminary injunction, an accounting, and a disgorgement of profits. Basicall...
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MEMORANDUM OPINION This is a diversity action, 28 U.S.C. § 1332, in which the plaintiff challenges, on the grounds of fraud, the validity of certain documents purporting to transfer interests in Kentucky real property and seeks to quiet title. The land in question includes about twenty-four thousand seven hundred (24,700) acres situated in Knott, Perry and Breathitt Counties, Kentucky, and is s...
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OPINION AND ORDER I Introduction The University of Missouri-Columbia Chapter of the National Education Association (UMC-NEA) and the individual plaintiffs, employees of the University of Missouri-Columbia and members of the UMC-NEA, bring the above-styled action against the individual members of the Board of Curators of the University of Missouri (the governing body of the U...
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OPINION Plaintiff, a resident owner of real estate situated in Merrimack, New Hampshire, finds himself aggrieved by the imposition of real estate taxes. He filed this pro se civil rights complaint against the Selectmen of Merrimack, their Administrative Assistant, and the Town Attorneys, alleging jurisdiction existed pursuant to 42 U.S.C. §§ 1983, 1985(3), 1986; and 18 U.S.C. §§ 1331, 1343, and...
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OPINION AND ORDER The facts underlying the petition of Juan Perez for a writ of habeas corpus have been fully set forth in a prior memorandum, dated July 5, 1977, with which the Court assumes familiarity in the discussion to follow. A hearing was ordered at that time to determine the validity of Perez’s claim that he had been denied his Sixth Amendment right to the effective assistance of...
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MEMORANDUM ORDER Louis Cammack, a prisoner at New York State’s Clinton Correctional Facility,1 has *1192petitioned the court pro se for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. The Attorney General for the State of New York, as Attorney for the respondent, has filed an affidavit in opposition to the petition, and has provided the court with transcripts of the various State court proc...
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OPINION This is a diversity action brought by plaintiff, Special Event Entertainment [hereinafter referred to as “SEE”], a California corporation, against Rockefeller Center, Inc. [hereinafter referred to as “RCI”], Radio City Music Hall Corp. [hereinafter referred to as “Radio City”], Nelson A. Rockefeller, the Urban Development Corporation [hereinafter referred to as “UDC”], the Urban D...
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OPINION AND ORDER Defendants Rita Ostrer and Cy Reeves Snyder have brought these motions pursuant to 18 U.S.C. § 3237(b) for an order transferring the criminal charges brought against them to the Eastern District of New York and the Southern District of Florida, respectively. Rita Ostrer is charged, in one count of a seven count, multi-defendant indictment, with conspiracy to defraud the United...
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MEMORANDUM DECISION Defendant Sylvester Scigowski moves pursuant to Fed.R.Crim.P. 6(e) for an order requiring the government to disclose and turn over the grand jury minutes of this action and pursuant to Fed.R.Crim.P. 12 to dismiss the indictment on grounds that it was obtained through an abuse of the grand jury in violation of his fifth amendment rights. Although grand jury proceedings are sec...
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ORDER This is a civil rights action brought by Plaintiff under 42 U.S.C. §§ 1981, 1983 and the Equal Employment Opportunity Act, 42 U.S.C. §§ 2000e-2000e-17, to recover for alleged sex discrimination by Defendant in discharging Plaintiff from her employment with Defendant. Plaintiff asserts in her Complaint that the Court has subject matter jurisdiction of this action pursuant to 28 U.S.C...
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MEMORANDUM AND ORDER In this suit for declaratory and injunctive relief and money damages, plaintiffs have sued various former and present officials of the United States for allegedly opening their mail in contravention of various constitutional provisions. The United States moved to intervene in this case as a party defendant; and that motion was granted on September 26,1975. It argues t...
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MEMORANDA OPINION AND ORDERS This is a civil action for damages for personal injuries and loss of consortium suffered from the use of a product. 28 U.S.C. §§ 1332(a)(1), (c). The defendant American Zinser Corporation (American. Zinser) moved the Court for a summary judgment, submitting in support of such motion affidavits. Rules 56(b), (e), Federal Rules of Civil Procedure. The plaintiffs submitt...
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461 F.Supp. 79 (1978) M-A-S-H, INCORPORATED v. FIAT-ALLIS CONSTRUCTION MACHINERY, INC. Civ. No. 3-78-94. United States District Court, E. D. Tennessee, N. D. September 11, 1978. Robert R. Campbell, Knoxville, Tenn., N. R. Coleman, Jr., Greeneville, Tenn., for plaintiff. Robert A. Finley, Knoxville, Tenn., Lloyd A. Utley, Thomas H. Herron, Jackson, Tenn., for defendant. OPINION RENDERED FROM THE ...
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*1379FINDINGS OF FACTS AND CONCLUSIONS OF LAW The private defendants’ motions to dismiss the complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure came on for hearing on August 28, 1978, before the Honorable A. Andrew Hauk, United States District Judge. Herbert L. Fenster, Joe G. Hollingsworth, and Jed L. Babbin of Sellers, Conner & Cuneo, and Nowland C. Hong and Richard A. Cla...
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456 F.Supp. 1384 (1978) TODD SHIPYARDS CORPORATION, a corporation, Plaintiff, v. MARINE VESSEL LEASING CORPORATION, a corporation, et al., Defendants. Civ. A. No. CV 78-0583-AAH. United States District Court, C. D. California. September 8, 1978. *1385 FINDINGS OF FACTS AND CONCLUSIONS OF LAW HAUK, District Judge. The private defendants' motions to dismiss the complaint pursuant to Rule 12(b) of...
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MEMORANDUM & ORDER The issue here is whether the practice of having a prayer by a local unpaid clergyman preceding St. Louis County Board meetings violates the First Amendment prohibition against the making of laws respecting the establishment of religion. Plaintiffs, citizens and taxpayers of St. Louis County, claim it does and seek to enjoin the practice. Defendant county commissio...
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MEMORANDUM OF DECISION The defendant, North Mississippi Communications, Inc., has filed a motion for summary judgment. The motion has been submitted on the pleadings, affidavits presented by the parties, stipulations and admissions of fact and memoranda of the parties. The matter is ripe for decision. Plaintiff, Robert E. Ethridge, is shown by the record to have been employed, during the peri...
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*1389 OPINION AND ORDER Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, STANLEY A..WEIGEL, ANDREW A. CAFFREY * , and ROY W. HARPER, Judges of the Panel. In October 1974, a federal grand jury sitting in the Southern District of New York handed down an indictment against Saks & Company, Genesco, Inc. (d/b/a Bonwit Teller), Bergdorf Goodman,...
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ORDER AND OPINION Plaintiff, a resident of Vermont, brought this action against defendant, a Massachusetts resident, seeking recovery for alleged injuries sustained in Hanover, New Hampshire, on May 8, 1975. At the time, plaintiff was employed by Jackson Construction Company, Inc., a Massachusetts corporation. Jackson Construction held a contract with Dartmouth College for the construction of an i...
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ORDER The above entitled action was commenced in the District Court of Cass County, North Dakota, seeking the enforcement of an arbitration award under a collective bargaining agreement between plaintiff and automobile dealers who are members of defendant association. Defendant submitted a Petition for Removal to this court under 28 U.S.C. § 1441(b), alleging that plaintiff’s complaint as...
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MEMORANDUM Plaintiff instituted this action under 42 U.S.C. § 405(g) (1970) to review the final decision of the Secretary of Health, Education and Welfare (Secretary) denying plaintiff’s claim for disability benefits under 42 U.S.C. § 416(i) (1970 & Supp. V 1975); id. § 423, as amended by Act of Dec. 20, 1977, Pub.L.No. 95-216, tit. Ill, § 335, 91 Stat. 1547. Both parties moved...
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OPINION Plaintiffs in this securities class action contend that a tender offer and a subsequent merger, both effected by defendant Bass Brothers Enterprises, Inc., violated federal securities law and Delaware corporation law. In particular, plaintiffs urge that these activities violated sections 10(b) and 14(e) of the Securities Exchange Act of 1934,15 U.S.C. §§ 78j(b), 78n(e) (1976), Rul...
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OPINION FROM THE BENCH In this great country with freedoms that stretch from sea to shining sea, we have all sorts of problems. Now, among the freedoms and rights we hold are the right of access to the court, the right of free speech, the right of association, the right to travel, the right to read the newspaper, the right to get married and have a family; there are just all sorts of rights. Some ...
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OPINION, ORDER AND JUDGMENT On April 8, 1976, the defendant was a judge of the district court in and for the County of Kiowa, State of Colorado, at which time he entered an order in a civil action in the case of Mary A. Dunlap v. Wallace Dunlap, finding the defendant, Wallace Dunlap, in contempt of court for repeatedly refusing to answer questions of the court directed to Wallace Dunlap’s ability ...
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MEMORANDUM OPINION This matter involving the January 30, 1976 award by the Department of Commerce of a $37 million contract for a system to improve weather forecasting is before the Court on cross-motions for summary judgment. Plaintiff General Electric Company [GE] seeks a declaration that the contract was unlawfully awarded to defendant Aeronutronic Corporation [Ford], and a permanent i...
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*975 OPINION In June, 1975, an administrative search warrant was issued by the Court, authorizing agents of the Food and Drug Administration (“FDA”) to inspect the premises of Roux Laboratories, Inc. (“Roux”), and to collect samples of identified raw material used in the manufacture of retail, hair dye products. That warrant was not honored by Roux. Instead, Roux resisted complia...
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DECISION AND ORDER ON MOTIONS FOR JUDGMENT ON PLEADINGS Plaintiff (American States) seeks a declaratory judgment that its aircraft liability policy number CA-F-0132 does not cover *968 liability arising out of a helicopter crash which occurred on April 2, 1977, in which the Martin and Magnuson decedents were killed. Martin was instructing Magnuson on a teaching flight when th...
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MEMORANDUM This private antitrust suit has generated a discovery controversy between the lead defendant, the Chas. Levy Circulating Company, Inc., and the Chicago Reader, a newspaper publisher, along with two of its contributing reporters concerning a deposition at which the reporters will be questioned about their sources for an article they wrote for the publisher. The publis...
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ORDER Magistrate Longstaff’s Memorandum Opinion filed in the above-entitled action on September 1, 1978 is before the Court for review. The Court finds that said opinion was rendered after a full trial before the Magistrate with the consent of the parties under a stipulation executed January 13, 1978. The Court has examined said opinion for manifest error and has found none. However the C...
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MEMORANDUM OPINION The plaintiff herein, together with his wife, Charline Combs, filed for the calendar year 1969 a joint federal income tax return. The Commissioner of Internal Revenue, by a statutory notice of deficiency dated April 10, 1973, assessed a deficiency against the taxpayers in federal income taxes in the amount of $65,706.20 for the tax year 1969. The plaintiff subsequently paid t...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW I. FINDINGS OF FACT A. HISTORY OF CASE: 1. This suit was filed as a class action on behalf of all black citizens in the City of Monroe on April 29, 1974. As amended, it seeks to have the at-large election of all members of the City of Monroe Commission Council declared unconstitutional and violative of the Fourteenth and Fifteenth Amendment rights o...
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Several land developers with holdings in Anne Arundel County, Maryland, challenge the constitutionality of various alleged actions and omissions of that County and of officials of several state agencies (“state defendants”). Plaintiffs allege that these actions and omissions have, contrary to the federal Constitution and in violation of Maryland statutes, unlawfully impeded plaintiffs’ ability ...
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*536OPINION GRANTING MOTION FOR EXTENSION OF LIS PENDENS Plaintiff, the Carpenters District Council of Detroit, filed on July 10, 1978, with the Sixth Circuit Court of Appeals a motion for an order for extension of the notice of lis pendens. That, court is now considering an appeal in this action from an order dismissing the plaintiffs pendent state claim for mechanic’s lien. The defendants filed...
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OPINION I. Procedural History This action is before the court on application of plaintiff Ray Marshall, Secretary of Labor [hereinafter Secretary], United States Department of Labor, for a search warrant requiring defendant Weyerhaeuser Company of Tacoma, Washington, and any of its officers or agents to permit entry to and inspection of its corrugated box manufacturing plant ...
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OPINION AND ORDER This is an action under the Labor-Management Reporting and Disclosure Act of 1959 for injunctive, declaratory and monetary relief. Plaintiffs allege that a local union dues increase assessed following a February 1975 election was fraudulently imposed in violation of 29 U.S.C. § 411(a)(3). Plaintiffs seek injunctive relief against the continued collection of the increased dues,...
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ORDER This is a civil rights claim brought under 42 U.S.C. § 1983. In the answers to plaintiff’s complaint, various defendants have asserted counterclaims against the plaintiff. On November 24, 1976, the plaintiff filed a “Motion to Dismiss Counterclaims of the Defendants.” On December 6, 1976, defendants filed “Defendants Joint Motion to Strike.” This order addresses those motions. ...
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MEMORANDUM OPINION AND ORDER This action was instituted pursuant to 42 U.S.C. §§ 1983 and 1985 to redress alleged deprivations of plaintiff’s decedent’s civil rights which occurred while he was incarcerated in the Buchanan County Jail, Grundy, Virginia, on a charge of operating a *73 motor vehicle while under the influence of alcohol. Jurisdiction is founded on 28 U.S.C. § 13...
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456 F. Supp. 1175 (1978) Anthony T. LEE et al., Plaintiffs, United States of America, Plaintiff-Intervenor, National Education Assoc., Plaintiff-Intervenor, v. WASHINGTON COUNTY BOARD OF EDUCATION et al., Defendants. Civ. A. No. 5945-70-H. United States District Court, S. D. Alabama, S. D. September 6, 1978. *1176 *1177 Solomon S. Seay, Jr., Montgomery, Ala., J. U. Blacksher, Mobile, Ala., Jack G...
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ORDER Defendants filed a motion to dismiss this 10b-5 complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. Defendants contend that “the transaction herein did not involve the sale or purchase of a ‘security,’ but rather the sale of two wholly owned and family operated businesses, of which ‘stock’ was merely an indicia of ownership.” A memorandum brief in opposition to...
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PRELIMINARY INJUNCTION Plaintiffs in this lawsuit, Concerned Democrats of Florida, filed suit urging this court to strike down Florida Statute § 105.-09 1 as unconstitutional, and to enjoin the State Attorney of Dade County, Janet Reno, from enforcing that particular law. Judges are elected at the first primary election if they receive a majority of the votes cast. If no candidate receives ...
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RULING This case began as a personal injury action brought under this court’s diversity jurisdiction. Plaintiff, George Amick, filed a complaint on April 4, 1974 claiming damages for an injury which occurred on April 30, 1973. On May 13,1974, the workmen’s compensation insurer of Amick’s employer intervened to recover amounts it had paid in weekly benefits and medical expenses. On March 24, 1977, ...
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MEMORANDUM This matter comes before the Court on appeal from an order of the Bankruptcy Judge denying appellant West’s motion to join or intervene as plaintiff in a show cause hearing brought by American Beef Packers Company against the United States Department of Agriculture. The Department of Agriculture has also submitted a motion to dismiss on the ground of mootness. On January 7...
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OPINION Plaintiffs, Henry Hart Rice, Abram Barkan and James Pelt & Co. (“Felt”) commenced this action against the defendant, Irwin Baron, alleging that Baron had violated certain provisions of the federal securities laws 1 and had committed common law fraud in connection with his sale of Felt shares to the plaintiffs in 1971. In his answer, Baron denied the material allegations ...
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MEMORANDUM OPINION AND ORDER Plaintiff Italian Book Corporation (“I.B. Corp.”) brought this action for copyright infringement against defendant American Broadcasting Companies, Inc. (“ABC”). The substantive law is found in Title 17, United States Code, and the Court’s jurisdiction derives from 28 U.S.C.A. § 1338. ABC being a New York corporation with its principal office in Manhattan, ven...
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OPINION Peter J. Wagner filed the complaint in this action on March 24, 1977. All three counts of the complaint allege that defendant Sperry Univac, which formerly employed Wagner, unlawfully discriminated against him on the basis of his age by refusing to grant his requests for transfers, by later terminating his employment, and by failing to reinstate him. Count I alleges violations of ...
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OPINION Plaintiff, a prisoner confined at the State Correctional Institution at Graterford, Pennsylvania, filed this complaint pro se on January 23, 1976. He originally sought damages and equitable relief under the Civil Rights Act of 1871, 42 U.S.C. §§ 1983, 1985 (1970), as well as declaratory relief, on four separate claims involving allegedly unlawful acts committed by Graterford officials...
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OPINION This is a diversity action 1 for a judgment declaring the rights and obligations of the parties under a contract between plaintiff, Iron Mountain Security Storage Corporation (IMSSC), and its debtor, American Specialty Foods, Inc. (ASF). The case is before me on a motion to dismiss defendants’ counterclaim. This controversy began with the divestment of IMSSC, a com...
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MEMORANDUM AND ORDER This litigation is comprised of fifty-two private treble damage actions consolidated for pretrial purposes by the Judicial Panel for Multidistrict Litigation under 28 U.S.C. § 1407 and transferred to this court November 29, 1977. The complaints allege that the defendants, thirty-seven manufacturers of corrugated sheets and containers and the Fibre Box Association, engaged fro...
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MEMORANDUM Plaintiffs, female employees of the defendant, Eastern Air Lines, Inc. (Eastern), bring this action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., to redress alleged sexually discriminatory employment practices. Local 550 of the Airline Stewards and Stewardesses Association (local .550) and Local 553 of the Transport Workers U...
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MEMORANDUM OPINION Petitioner, Carson Alvin Jones, maintains that he is being held pursuant to a judgment of conviction which was obtained in violation of the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution made applicable to the states by the Fourteenth Amendment. On December 22, 1974, Mr. Jones was charged with the murder of Billy Hugh Sutphin and the malicious wo...
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MEMORANDUM ORDER This matter is before the Court on motion of the defendant to dismiss. The defendant asserts in his motion that plaintiff failed to commence this action, seeking review of a denial of black lung benefits, within the sixty day limitation period prescribed in 42 U.S.C. § 405(g), § 405(g) being made applicable to black lung claims by the provisions of § 413(b) of the Federal Coal ...
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*434 APPEAL FROM FINDINGS OF BANKRUPTCY COURT OPINION AND ORDER I The Litigation The United States appeals from the findings and Order of the Bankruptcy Judge that the Bankrupt is entitled to a deduction for net operating losses claimed to have been sustained in his farming operations in the years 1970 and 1972. The Internal Revenue Service assessed the amount of income taxes due by...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This is a civil rights suit for declaratory and injunctive relief, pursuant to 42 U.S.C. § 1983 (1976) and 28 U.S.C. §§ 2201 and 2202 (1976), brought by the International Society for Krishna Consciousness, Inc. and one of its devotees, concerning the constitutionality of the Indiana State Fair Regulation restricting to a rented booth plaintiffs’ sought fi...
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MEMORANDUM This action is before the Court upon a stipulated record for a decision on the merits. Plaintiff is the beneficiary of a group life insurance policy insuring Caroline Castello, deceased. Plaintiff brings this action to recover on the policy. The Court has jurisdiction pursuant to 29 U.S.C. §§ 186 and 1132. After fully considering the record, the Court makes the following findings of fac...
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MEMORANDUM OPINION Plaintiff, Ford Motor Company, brought this lawsuit to recover money it claims to be due from defendants following termination of the direct account sales agreement between the parties. The matter was tried to this Court sitting without a jury and is now ready for disposition. Plaintiff, Ford Motor Company, is a corporation incorporated under the laws of the State of Delaware a...
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OPINION This is a petition for declaratory judgment pursuant to 28 U.S.C. 2201. Jurisdiction is based on diversity of citizenship and amount in controversy. 28 U.S.C. 1332(a)(1). The basic issue before the Court concerns the interpretation of a certain endorsement (hereinafter described) attached to a so-called Comprehensive Automobile Liability Policy (hereinafter “CAL”) issued by defend...
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OPINION Plaintiff, a disabled seaman, seeks a declaratory judgment that he was wrongfully denied a pension by defendant NMU Pension and Welfare Plan (“Plan”). Plaintiff seeks monetary relief for the amount due together with attorneys’ fees, interest and costs. Defendant, on the other hand, argues that the Trustees acted within their authority, and pursuant to valid regulations, in denying...
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OPINION [1] This case involves the construction of the provisions of the Employee Retirement Income Security Act of 1974 (“ERISA”) which prohibit the assignment or alienation of employees’ pension benefits and thereby exempt such benefits from attachment or garnishment by creditors. 1 The issue presented is whether there exists an implied exception to these “anti-assignment or ...
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461 F.Supp. 58 (1978) Ronald FURR, Charles Spriggs, John Hunter, William H. Morris, Walter Oliver, Sylvester Scott, Plaintiffs, v. TRANS WORLD AIRLINES, INC., Defendant. No. C-1-76-589. United States District Court, S. D. Ohio, W. D. September 5, 1978. *59 *60 *61 John J. Getgey, Jr., Cincinnati, Ohio, for plaintiffs. John A. Lloyd, Jr., and Barbara Bison Ford, Cincinnati, Ohio, for defendant. F...
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MEMORANDUM This is a civil action for money damages and injunctive relief filed on March 13,1975 pursuant to the Civil Rights Act of 1964. 42 U.S.C. § 2000e et seq. Defendant, International Brotherhood of Painters and Allied Trades, Local No. 6, filed an answer denying the averments on April 4, 1975. Defendant, Joseph Horne Company, Inc., filed a motion to dismiss alleging want of subject matter ...
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DECISION and ORDER This case is before me on the plaintiff’s motion for a temporary restraining order. The case itself is assigned to Chief Judge Reynolds, but the instant motion was submitted to me in Judge Reynolds’ temporary absence. The complaint in this action was originally filed in the circuit court for Green Lake County, Wisconsin, on July 7, 1978. On July 26, 1978, following a hearing in ...
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DECISION and ORDER The defendant has filed a motion for an order compelling specific performance by the government of its obligations under a plea agreement previously entered into with the defendant. The motion will be denied. Sometime prior to May 23, 1978, the defendant and the prosecuting attorney entered into a plea agreement whereby the defendant would plead guilty to count 5 of a six-c...
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DECISION and ORDER This matter is before me on the motion of the petitioner, pursuant to 28 U.S.C. § 2255, to set aside the sentence imposed on him in 1967, following his conviction for bank robbery. The petitioner contends that the two felony convictions he received as an adult, one for forgery in 1957, and the second in 1964 for interstate transportation of a stolen vehicle and violation of the ...
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MEMORANDUM RESPECTING DAMAGES, ATTORNEY’S FEES AND COSTS This matter is before the Court on plaintiffs’ application for an award of money damages, attorney’s fees and costs. The *79 action was brought by eight women and one black male against The Pacific Telephone and Telegraph Company (“Pacific”) charging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2...
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OPINION AND ORDER This is an action by an employer to have the court set aside an arbitrator’s award. Jurisdiction is asserted under 29 U.S.C. § 185; 9 U.S.C. § 10(d); 28 U.S.C. §§ 1331, 1337, 2201, 2202. Both parties have filed motions for summary judgment which have been extensively briefed, oral argument has been had, and the motions are ready for disposition. There is no dispute as to...
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RULING ON MOTION FOR SUMMARY JUDGMENT In this action for declaratory and other relief brought under the Labor-Management Act (29 U.S.C. § 141 et seq.), plaintiff claims that the defendants have conspired against him with the result that he has been deprived of his right to fair representation by the defendant union in an arbitration proceeding. For twelve years prior to September 5, ...
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ORDER These bankruptcy proceedings are presently before the court on the bankrupt’s appeal from the order and judgment of the bankruptcy court entered May 4, 1978, granting summary judgment in favor of 0. *134C. Hubert on the nondischargeability of a debt under 11 U.S.C. § 35(a)(2) and (4). The debt in question is the judgment entered by this court on September 23, 1977, in favor of Mr. Hubert up...
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I. BACKGROUND BASIC FACTS This case involves an attempt by owners of the vessel KATRIN to recover damages due to faulty repairs performed by several repairers. The SS KATRIN was purchased by Auto Transportation, S.A. (“Owners” or “Shipowners”) early in 1973 and managed and operated by Diana Shipping Agencies, Inc., a Greek management company (“Diana”). In February of 1975, the...
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MEMORANDUM AND ORDER LULAC Council No. 11054 and the other named intervenors have filed a “Proposed Complaint in Intervention” and a separate “Motion To Intervene As Parties Plaintiff.” These proposed intervenors are individual children and organizations whose members include parents of Spanish-surnamed children participating in bilingual programs in the Detroit Public Schools. They seek interv...
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SUPPLEMENTARY RECORD IN RESPONSE TO ORDER OF LIMITED REMAND By order filed July 7, 1978 the Court of Appeals remanded these cases to the United States District Court for the District of Minnesota for the limited purposes set forth therein. The Court of Appeals directed that the District Court permit the record to be supplemented as to two issues (I), the claimed error of the trial court in denying...
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OPINION Plaintiff Amstar Corporation brings this action for damages and shortage to a bulk shipment of sugar carried aboard the M. V. Alexandros T against the ship, her owners and various parties who had chartered the vessel. The action is posited under the Carriage of Goods by Sea Act 46 U.S.C. § 1300 et seq. The defendant, Marine Trading, Ltd. has moved pursuant to 12(b) of...
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MEMORANDUM & ORDER Plaintiff, a relief nurse employed by defendant United States Postal Service, has *58 brought this action for review of the Civil Service Commission’s decision of April 22, 1975, that disciplinary action taken against the plaintiff, culminating in her discharge, was not motivated by discrimination based upon her religion (Catholic) and national origin (Iris...
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OPINION This is a memorandum opinion which will constitute findings of fact and conclusions *297 of law denying an application for a mandatory preliminary injunction by the plaintiffs, including Stephen Berger (“Berger”), who seeks the nomination of the Democratic Party as candidate for the office of State Comptroller. The plaintiffs have requested that the court direct the defendants, member...
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OPINION Plaintiff, Anthony Torres, formerly a prisoner incarcerated at the Metropolitan Correctional Center (“MCC”), a federal detention facility in New York City, commenced this action against defendants Larry Taylor, the warden of MCC, and Deleno Matthews, a unit manager at the same institution, charging them with violations of his Fifth and Eighth Amendment rights. He seeks compensator...
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OPINION Defendant KLM Royal Dutch Airlines (“KLM”) moves, pursuant to Rule 12(b)(2), Fed.R.Civ.P., to dismiss the complaint in this diversity action for lack of personal *423 jurisdiction. 1 For the reasons hereinafter stated, the motion is denied. 2 This is an action to recover damages for the wrongful death of Carole E. Thomas, who died as a result o...
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MEMORANDUM AND ORDER Plaintiff Robert Brennan (“Brennan”) brought this action to enforce an alleged oral agreement with a representative of defendant D. J. McNichol Company (“McNichol”) providing for reinstatement of Brennan to his job as a truck driver employed by McNichol if certain conditions precedent were satisfied. The case was tried before this Court without a jury and, pursuant to Fed.R.C...
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MEMORANDUM OPINION AND ORDER This is an action for patent infringement under 35 U.S.C. § 271 et seq. by Courtesy Communications Corporation (Courtesy) and Milton J. Carrier against C-Five, Inc. and Neotee, Inc. Defendants have counterclaimed for unfair trade practices. This Court has jurisdiction of the subject matter of this suit and venue is proper. Plaintiff Courtesy is a Texas corporation wit...
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MEMORANDUM OPINION AND ORDER Plaintiffs Dr. Theril Reedy, Mrs. Versie Reedy, and Mrs. Betty Reedy Cole, whose building located in Clintwood, Virginia, was destroyed by fire, commenced in this court this action under 42 U.S.C. §§ 1981, 1983, 1985, and 2000d, claiming $280,000 actual damages and $560,000 punitive damages. Although plaintiffs alleged no proper jurisdictional grounds, the cou...
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ORDER REVERSING BANKRUPTCY COURT This matter is here on an appeal from an order of the bankruptcy court denying exemption of Emily Westhem’s diamond engagement ring pursuant to 11 U.S.C. § 24 and Cal.Code Civ.Proc. § 690.1. The court has reviewed the briefs filed by counsel for Andrew and Emily Westhem and by the trustee in bankruptcy. Oral argument was heard on August 21, 1978. After careful c...
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MEMORANDUM OF DECISION AND ORDER Plaintiffs American Petroleum Institute, Western Oil and Gas Association, and certain oil company members of the aforesaid Institute and Association brought this action against three federal officials (“the federal defendants”) in their official capacities as Secretary of Commerce, Administrator of the National Oceanic and Atmospheric Administration (“NOAA...
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OPINION This opinion addresses the question of whether the Southern Pacific Transportation Company, plaintiff herein, as part of its case in chief against the defendant, United States, must carry the burden of proving that it was free of any contributory negligence. The United States argues that this result is mandated by the application of the so-called Carmack Amendment, 49 U.S.C. § 20(...
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MEMORANDUM OPINION This opinion covers the final act in a civil proceeding brought by the Securities and Exchange Commission (Commission or SEC) seeking injunctive sanctions against numerous defendants as a result of their participation in alleged securities laws violations relating to the National Student Marketing Corporation (NSMC) securities fraud scheme. 1 The original def...
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MEMORANDUM This matter comes before the court on defendants’ motion to dismiss. This motion raises procedural questions in this area which appear to be matters of first impression. In this suit, plaintiffs are the City of Sault Ste. Marie, Michigan, and three individual taxpayers of that city. It appears that a group of Indians claiming to be the Sault Ste. Marie tribe of Chippewa Indians...
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ORDER In an order dated August 21, 1978, the above-captioned cases were dismissed on defendants’ motions. Now before the court is the motion of defendants Scott, Caplan, and Herzog for an award of attorney’s fees incurred in their defense. These cases shall remain consolidated for ruling on this motion. Attorney’s fees might be granted against the unsuccessful plaintiffs on one of two theories. Fi...
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MEMORANDUM AND ORDER Defendant, River Road Porsche-Audi, Inc., has moved this Court to grant summary judgment in its favor and dismiss this action. On considering the record, briefs, arguments of counsel, and the applicable law, *418IT IS ORDERED that the defendant’s motion for summary judgment is hereby GRANTED, for the following reasons. REASONS The speedometer, which included the odometer, in d...
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On June 29, 1978, a Special Grand Jury of this Court issued a subpoena duces tecum to the “Custodian of Records” X and X 1 requiring production of— any and all records, books and documents for the period 1/1/72 through 12/31/75 that are described below: 1. All ledgers and journals; 2. All bank statements, checks, cancelled or otherwise, check vouchers, check stubs, checkbooks, d...
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MEMORANDUM Petitions have been filed by 38 railroads, 1 and by Trailer Train Co., seeking immediate payment of interline charges, called “per diem” charges, 2 for pre-reorganization interline car usage. Specifically, petitioners seek to have Debtor’s trustees pay the difference between the per diem charges paid the petitioners by Boston and Maine Corporation (B & M) ...
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MEMORANDUM OF DECISION The action sub judice was initiated by the filing of a complaint on June 22, 1973. Originally, plaintiffs were represented by Honorable Lewis Myers, Jr. and Honorable David M. Lipman, staff attorneys for the North Mississippi Rural Legal Services, a Community Services Administrative program. These attorneys represented plaintiffs during the trial stages of the action. Dur...
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MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF ALL RELIEF REQUESTED UNDER COUNT II OF THE COMPLAINT I. STATEMENT OF THE CASE This is an action for judicial review of a termination assessment of income tax against plaintiff Charles D. Bremson, Jr. 1 Plaintiff is under indictment in the District of Kansas, along with fourteen other defendants, for conspiracy to distribute co...
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OPINION This action centers around a transaction entered into between Prosher Corporation *694 (Prosher), Desert View Building Supplies, Inc. (Desert View), the herein bankrupt, and Wells Fargo Bank (Wells Fargo). This case is presently before this Court on Wells Fargo’s appeal from a decision of the bankruptcy court which found that the transaction was fraudulent as to the unsecured creditor...
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MEMORANDUM OPINION Findings of Fact and Conclusions of Law On December 15, 1971 the George A. Fuller Company, Inc. (Fuller), a company deeply in debt and in serious financial condition, was sold to the Northrop Corporation (Northrop). The recapitalization of Fuller was an integral part of the sale. Prior to the recapitalization, there were 10,-000 shares of common stock outstandi...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW INTRODUCTION On June 29, 1978, plaintiff filed a complaint in which it challenged the validity of Ruling 1974-29 and sought a declaration that the Ruling or its underlying regulation, 10 C.F.R. § 212.54, is null and void, and preliminary and permanent injunctive relief against the enforcement of the stripper well regulation as interpreted by the Ruling....
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ORDER This is a declaratory judgment action to determine the rights, duties and liabilities *513 of Petitioner Canal Insurance Company (Canal) and Respondent Occidental Fire & Casualty Company of North Carolina (Occidental) under the provisions of certain insurance policies issued by the parties. It appears from the record before the Court that Canal issued a liability insura...
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MEMORANDUM Plaintiff, John L. Lane, Jr., brought this action against Jefferson Health Care, Inc. (“JHCI”) and Thomas Jefferson University following his discharge from the position of Director of Administrative Services for JHCI. Plaintiff contended that he had been discharged because of his race; he is black.1 At the conclusion of an eleven day trial, the jury returned a verdict against the plain...
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DECISION AND ORDER The Defendants in this case are charged in a three-count indictment, the first of which alleges that from on or about July 3, 1978, up to and including July 4, 1978, at San Juan, Puerto Rico, they, aiding and abetting each other, did willfully and unlawfully seize and confine Ramón González Ruiz, Honorary Consul of the Republic of Chile, who at the time was a “foreign o...
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*361 MEMORANDUM This application for habeas corpus relief was dismissed in this Court by order dated August 26, 1977. By order dated August 11, 1978, the United States Court of Appeals for the Sixth Circuit vacated that judgment and remanded the case to this Court for further consideration of petitioner’s double jeopardy claim. The State of Tennessee has now filed copies of the judgments of t...
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MEMORANDUM In these consolidated actions, four in number, plaintiffs challenge a regulation promulgated by the Department of Health, Education and Welfare (HEW). The four plaintiffs, all of which are Virginia corporations with their principal places of business in Richmond, Virginia, are: Humana of Virginia, Inc., doing business as St. Luke’s Hospital; St. Elizabeth’s Hospital, Inc., which owns...
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DECISION and ORDER This is an action for injunctive and declaratory relief and damages under 42 U.S.C. § 1983. Jurisdiction is invoked pursuant to 28 U.S.C. § 1343. The following facts are undisputed for purposes of this summary judgment motion. The plaintiff, John R. Christensen, is an independent manufacturer’s representative whose job requires frequent driving throughout the state of Wisconsin...
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MEMORANDUM OPINION This is an action by a teacher alleging that her contract of employment with the school district was terminated and not renewed by the board and officials of the district in violation of her rights under the Constitution of the United States. Jurisdiction is claimed pursuant to 42 U.S.C. §§ 1981 and 1983 and 28 U.S.C. §§ 1331, 1343 and 2201. The complaint alleges that plain...
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MEMORANDUM OF OPINION AND ORDER The thirteen cases involved in this multidistrict securities litigation are before the court on a motion for summary judgment brought by defendant George E. Powell, formerly Vice-President-Distribution of the Gap Stores, Inc. After careful consideration of the briefs and arguments of counsel and the evidence submitted in connection therewith, the court find...
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OPINION This is an action for declaratory and injunctive relief initially brought by the San Diego Unified Port District (“Port District”) against the California Department of Transportation and two of its officers (collectively referred to as “Department”). The focus in the litigation is San Diego International Airport, Lindbergh Field, which is owned and operated by the Port District. T...
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MEMORANDUM OPINION AND ORDER After three academic years of service on the faculty of the Physical Education Department at Colorado State University, Mary Alice Hill was not given a renewal contract for the year 1975-76. Upon compliance with the administrative claim requirements of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5, Ms. Hill brought this action claiming t...
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OPINION The United States brought this civil action under the False Claims Act, 31 U.S.C. *1166 §§ 231-235 (1970) against defendant Francis A. Levering, Jr., (“Levering”) to recover damages resulting from Levering’s alleged fraudulent conduct toward the Federal Housing Authority (“FHA”). The complaint alleges that Levering bribed two employees of the FHA to obtain preferentia...
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OPINION FINDINGS OF FACT AND CONCLUSIONS OF LAW IN ACTIONS BY THOMAS F. ARETZ AND MRS. ARETZ I BACKGROUND OF LITIGATION On June 30, 1977, this Court found that under the Federal Tort Claims Act the United States is liable as a joint tortfeasor for the injuries arising out of the explosion at the plant of Thiokol Chemical Corporation at Woodbine, Georgia on February 3, 1971....
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ORDER This cause comes before the court on cross motions for summary judgment on defendant’s counterclaim, Rule 56, Fed.R. Civ.Pro. Plaintiff, a common carrier subject to the Interstate Commerce Act of 1887, as amended, 49 U.S.C. § 1, et seq., began this action to recover unpaid storage and detention charges alleged to have accrued during the years 1972, 1973, 1974 and 197...
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*538ORDER Joe R. Carney, plaintiff in the above action, has filed a complaint pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to obtain judicial review of a decision of the Secretary of HEW denying plaintiff disability benefits. On January 20, 1978 the Secretary filed a motion to dismiss on the grounds that (1) plaintiff had failed to state a claim upon which relief could be g...
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OPINION This matter is before the court on plaintiff’s motion for class certification pursuant to Fed.R.Civ.P. 23. Plaintiff, Southern Snack Foods, Inc. (hereinafter “Southern”), is a former franchisee-distributor in defendant J & J Snack Foods Corporation’s (hereinafter “J & J”) soft pretzel business. Southern has brought suit for breach of contract and various antitrust violations contained in ...
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MEMORANDUM AND ORDER Plaintiff, a longshoreman, brought this action against the defendant shipowner, alleging that he was injured on the vessel Archimedes as a result of defendant’s negligence. The jury found defendant negligent, and plaintiff contributorily negligent to the extent of 50% of the cause of the injury. Judgment for $31,500 was entered for plaintiff. Defendant has moved ...
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ORDER This is an action originally brought by the Plaintiff in the Beckham County District Court and subsequently removed to this Court by Defendant wherein Plaintiff seeks injunctive relief to require Defendant *33to cease construction and remove certain microwave relay facilities in Elk City, Oklahoma, on the grounds that said facilities exceed the height restrictions of the pertinent Elk City z...
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MEMORANDUM OPINION AND ORDER In the motion presently before this Court the plaintiff, United Steelworkers of America (hereinafter “Union”) has requested a grant of summary judgment to compel tripartite arbitration and an order directing *387 the defendants to make immediate payment of all pension benefits due as set forth in plaintiff’s complaint. Defendant Pentex Foundry Cor...
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MEMORANDUM On September 9, 1977 Plaintiff, Gus DiAntonio, filed a complaint against Defendants, the Pennsylvania State University, the Board of Trustees of the Pennsylvania State University, and John W. Oswald, *512 individually and as President of Pennsylvania State University, in the Court of Common Pleas of Dauphin County, Pennsylvania. On September 30, 1977 Defendants fil...
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MEMORANDUM On 10 February 1978 this Court entered an order dismissing without prejudice petitioner’s petition for a Writ of Habeas Corpus because the petitioner was no longer in the custody of the respondent. The Court advised the petitioner to refile his petition naming the warden or superintendent of the institution where he was then incarcerated as respondent and directed the Clerk of this Cour...
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ORDER This is a cargo damage action. In March, 1978 some 173 coils of concrete wire were delivered to defendant Tokai Shipping Company at the port of Osaka, Japan for carriage, under bills of lading O/OA-1 and O/OA-42, to the port of Oakland, California. It is alleged that the coils were delivered to defendant vessel in good condition and were damaged upon delivery in Oakland. Suit was timely i...
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MEMORANDUM ORDER This is an action originally brought by the plaintiff, Fruin-Colnon Corporation, in the Third Judicial Circuit Court, Madison County, Illinois. Plaintiff’s original complaint sounds in negligence concerning an alleged collision of a vessel owned and operated by defendant with a timber dolphin constructed by plaintiff on the Mississippi River. Diversity of citizenship existed betw...
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MEMORANDUM AND ORDER This civil action was initiated in the United States District Court for the Western District of Missouri. The Government filed a Response urging that the complaint be treated as a petition for writ of habeas corpus. Thereafter, the matter was transferred to this court for the reason that petitioner, Eugene Smaldone, Jr., is currently incarcerated within this judicial ...
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The United States has charged various of these defendants with conspiracy to violate several laws outlawing the trafficking in marijuana. On August 14 and 15,1978, this Court held evidentiary hearings on defense motions to suppress evidence seized by government agents. The relevant facts relating to these seizures are summarized below. I. Facts In May 1978, Agent Boyce Blume o...
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MEMORANDUM OPINION This is a petition for attorney fees in a black lung case. The petition was taken under advisement at a scheduled hearing, attended by counsel for the Secretary only, held on August 9,1978. The plaintiff, John Robinson, filed an application for benefits in 1970. Following a hearing in 1974, an administrative law judge found he was entitled to benefits. The Appeals Council, on i...
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*17 Memorandum of Decision and Order Plaintiffs charge defendants with false imprisonment, abduction, malicious and intentional infliction of mental suffering, prima facie tort, and conspiracy in abducting the infant plaintiff to Yugoslavia. The court held an inquest on the default of defendants in answering. 1 Defendants are relatives who shared a home in Whitestone, Queens, New York, and ...
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OPINION In this action, plaintiffs, two trade associations representing manufacturers, wholesalers and retailers of various food products (including protein supplements) raise a number of objections to the rulemaking procedures employed by the United States Food and Drug Administration (“FDA”) related to “special dietary protein products” *277and seek declaratory, injunctive and other relief. I. ...
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MEMORANDUM AND ORDER Plaintiff brought this action under 42 U.S.C. § 1983 claiming that the defendants, two Philadelphia police officers, had violated his Fourth and Fourteenth Amendment rights under the United States Constitution. The plaintiff also alleged the following pendent state law claims: 1. false arrest and imprisonment; 2. assault; 3. battery; and 4. malicious prosecution. At t...
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DECISION AND ORDER The Defendants and their attorneys have challenged the constitutionality of the United States Magistrate’s Order of July 7, 1978, issued pursuant to Rule 11 of the Local Rules. It is Movants’ contention that Rule 11 as well as the Order issued thereunder, are “vague, overbroad, constitute a pri- or restraint and violate . . . due process of law” and Movants’ rights under the ...
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OPINION AND ORDER This is an action for injunctive and declaratory relief filed by five corporations engaged in the business of manufacturing beer for distribution and sale in interstate and foreign commerce, and by a trade association which allegedly represents the manufacturers of ninety five percent of the beer sold in the United States. The Defendants are the Secretary and the Director of t...
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MEMORANDUM This case is before the Court on the motion of defendant to suppress all evidence obtained as a result of the search warrant on the ground that the search warrant was too broad. During the oral hearing the Court indicated to counsel that the decisive question was whether or not an overbroad search warrant could be sustained when the property obtained as a result of the search was pur...
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*347MEMORANDUM AND ORDER This is a civil rights action for declaratory and injunctive relief brought pursuant to 42 U.S.C. § 1983 f>nd 28 U.S.C. §§ 2201-02 by the Holy Spirit Association for the Unification of World Christianity and William Poe to enjoin enforcement of the Lubbock Code of Ordinances, Ordinance No. 7264, §§ 22-10, et seq. The plaintiffs allege that said ordinance violates First ...
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MEMORANDUM AND ORDER THIS CAUSE comes before the court on the federal defendants’ motion to dismiss, or in the alternative for summary judgment, and on the plaintiffs’ motion for partial summary judgment. I. Facts This action is brought by residents of Native villages, located in western and northern Alaska, seeking damages, declaratory, equitable and injunctive relief. These pl...
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RULING ON MOTIONS This case began as a fairly complicated statutory interpleader involving numerous claims to production proceeds from a gas well in Claiborne Parish, Louisiana. The action was instituted by the purchaser of production, Beacon Gasoline Company, to resolve conflicts in working interest ownership and to satisfy certain privileges which were claimed. Most of the claimants now ...
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MEMORANDUM OPINION This Memorandum Opinion shall constitute this Court’s specific findings of fact *1285 and conclusions of law required by Rule 52, F.R.Civ.P. and mandated by the United States Court of Appeals for the Fifth Circuit in its opinion of March 29, 1978, in the four consolidated voting dilution cases of Nevett v. Sides, 571 F.2d 209 (5th Cir. 1978) (her...
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MEMORANDUM OPINION Plaintiffs, husband and wife, seek recovery under the Federal Tort Claims Act (28 U.S.C. § 1346[b]; 28 U.S.C. §§ 2671--80) for alleged medical malpractice on the part of certain physicians employed by the Veter *503 ans Administration at its facility in Manchester, New Hampshire. The claims are to the effect that these physicians failed to accurately diagno...
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OPINION AND ORDER This matter is before the Court on the defendants’ motion to dismiss for lack of personal jurisdiction or, in the alternative, to transfer venue of this action to the Western District of North Carolina. For the reasons which follow, the Court has determined that the defendants’ motion, except as to the defendant Ruth Combs, is without merit. The plaintiff, R. Alan G...
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*254 ORDER Petitioner in this habeas corpus action was tried on charges of assault and battery with intent to kill, and convicted of the lesser included offense of assault and battery of a high and aggravated nature. The facts surrounding the incident are cogently set out in the opinion of the Supreme Court of South Carolina in State v. Porter, S.C., 239 S.E.2d 641, 642 (1977): “Appellant...
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MEMORANDUM Defendant, Smoky Mountain Aero, Inc., has moved to dismiss so much of plaintiff’s complaint as charges defendant with vicarious liability for the alleged negligence of its employee, the pilot of the crashed airplane. The pilot was the húsband of the decedent in this case. Under Tennessee law, the plaintiff in a wrongful death action such as this acquires only those rights that the de...
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MEMORANDUM AND ORDER Plaintiff, in this civil rights (claim of racial discrimination in employment) case, has moved for an order under Rule 30(b)(4) to take oral depositions by non-stenographic means. Plaintiff also seeks approval to rec- or(j the proceedings by a separate tape recorder. Defendants object, asserting that use 0f tape recordings is cumbersome and time consuming. The Court has consid...
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MOTION FOR PRELIMINARY INJUNCTION INTRODUCTION This is an action for injunctive relief by The Vision Center, a Louisiana partnership, against Opticks, Inc., a Texas corporation with its principal place of business in Dallas, Texas; Will Ross, Inc., a Delaware corporation with its principal place of business in Milwaukee, Wisconsin and G. D. Searle & Co., a Delaware corporation with its principal ...
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456 F.Supp. 874 (1978) William E. GOODMAN et al., Plaintiffs, v. McDONNELL DOUGLAS CORPORATION, Defendant. No. 77-1046C(1). United States District Court, E. D. Missouri, E. D. August 25, 1978. *875 Joseph B. Moore, Asst. U. S. Atty., St. Louis, Mo., Guy B. Arthur, Dept. of Justice, Washington, D. C., for plaintiffs. Dennis C. Donnelly, Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., for ...
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The Indictment in this action was filed on June 2, 1978 and alleges a pattern of racketeering activity by the defendants center *781 ing on the corporate enterprise known as the Westchester Premier Theatre (“the Theatre”) (Count One), a securities fraud (Counts Two through Twelve), a bankruptcy fraud (Counts Thirteen through Twenty-three) and an obstruction of justice (Count Twenty...
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I. This is a petition for writ of habeas corpus under 28 U.S.C. § 2254. The petitioner, Edmond Jackson, is currently imprisoned at the Green Haven Correctional Facility in the State of New York. He was convicted, after a jury trial, of murder, felony murder, attempted robbery in the first degree, and possession of a weapon, and sentenced to two terms of twenty years to life, a term of thre...
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MEMORANDUM AND ORDER This is a civil action arising under 42 U.S.C. § 1983 and the Civil Rights Act of 1964 as amended by the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 2000e et seq. In her complaint, plaintiff, Patricia Reilly, alleges that she was denied the position of District Music Coordinator for Common School District 14, New Berlin, Wisconsin, solely on the basis of sex. The de...
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ON MOTION FOR INJUNCTION The Government 1 has moved for an injunction restraining implementation of current statutory procedures for election of members of the Board of Education of Charlton County, Georgia. The motion presents important questions concerning the jurisdiction and equitable discretion of this court in dealing with requests for injunctive relief in cases brought u...
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MEMORANDUM OPINION AND ORDER This matter comes before the court on plaintiffs’ motions for summary judgment. This action involves twenty-four consolidated cases attacking interim regulations promulgated pursuant to the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. § 1201 et seq. The facts underlying these actions and the regulations are fully set forth in this c...
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MEMORANDUM OPINION Plaintiffs in this class action 1 are retired employees of defendant General Motors Corporation who had been receiving retirement pension benefits from the defendant pursuant to a pension plan negotiated between the defendant and plaintiffs’ union. After the plaintiffs received worker’s compensation payments pursuant to New Jersey’s Worker’s Compensation Act,...
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Memorandum of Decision and Order Nearly nine years ago, this action was commenced to recover two portraits painted by the celebrated fifteenth century German artist, Albrecht Duerer. Until 1945, the paintings were exhibited in a museum in Weimar known as Staatliche Kunstsammlungen Zu Weimar. 1 During the American occupation of Weimar at the end of World War II — sometime betwee...
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MEMORANDUM Five defendants are charged under 18 U.S.C. § 371 1 with conspiracy to defraud the United States “by impeding, impairing, obstructing and defeating the lawful functions of the Department of the Treasury in the collection of income taxes.” The alleged objects of the conspiracy were a) the fraudulent creation of losses for an oil company, C. R. Rittenberry & Assoc...
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OPINION I. Introduction. Plaintiffs filed this case seeking preliminary and permanent injunctive relief against the Defendants, officials of Susquehanna Township, Dauphin County, Commonwealth of Pennsylvania, who had prohibited members of the Unification Church from soliciting in Susquehanna Township. On March 31, 1978, this Court held a hearing on the Plaintiffs’ request for a temporary restrain...
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MEMORANDUM AND ORDER This case presents claims of copyright infringement of instruction manuals and input formats used with a computer program designed to solve engineering problems incident to the analysis of structures. 1 *1005 The analysis of building structures under anticipated or actual conditions of use including the necessary strength of materials and design ...
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MEMORANDUM OPINION This civil action serves to turn the page on yet another installment to the series of cases dealing with the relationship between the United Mine Workers of America and certain of the major national coal producing companies. Plaintiff originally filed the action on April 16, 1973, seeking relief under the Sherman Antitrust Act, 15 U.S.C. §§ 1 and 2, and under the Labor ...
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MEMORANDUM OPINION AND ORDER Plaintiff Patrecia Perkins instituted this diversity action against Defendant The Prudential Insurance Company of America (Prudential) to recover the sum of $40,-000. 00, representing the total proceeds of four separate life insurance policies issued by Prudential to and covering the life of her husband, Donald R. Perkins, now deceased. Patrecia asserts that s...
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MEMORANDUM OPINION Plaintiff has brought this action for punitive and compensatory damages under the provisions of the Civil Rights Act of 1871, 42 U.S.C. § 1985(1), against four Federal *670civil servants, Vernon Aeree, William A. Magee, Glenn R. Dickerson and James O’Brien, all of whom were agents of the United States Customs Service during the time period relevant to this action. Defendants Ma...
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ORDER GRANTING MOTION FOR SUMMARY JUDGMENT Plaintiff had a confirmed reservation on Flight 603 from Spokane to Seattle with defendant Northwest Airlines for June 25, 1974. She was to connect in Seattle with Northwest Flight 87 to Honolulu, then transfer to Hawaiian Airlines Flight 502 to Hilo. Upon boarding Flight 603 in Spokane (and after having been assigned a seat thereon), she was inf...
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MEMORANDUM AND ORDER The plaintiff’s attorney in the instant garnishment action has filed a motion requesting that attorney’s fees in the amount of $22,149.57 be taxed as costs in this action under the authority, of K.S.A. § 40-256, which provides as follows: “Attorneys fees in actions on insurance policies; exception. That in all actions hereafter commenced, in which judgment...
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MEMORANDUM Defendants, Albert B. Chandler, Jr. (Chandler, Jr.), R. Haywood Alves (Alves), and the Estate of Whitney Dunlap (Dunlap), deceased, have filed motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The motions are based upon their assertion that at no time did any of them serve as directors, officers, employees, agents, suppliers or in any oth...
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OPINION After a bench trial on the issue of plaintiff’s liability to Jeteo Auto Service, Inc. [“Jeteo”] on the latter’s counterclaims, the Court finds that Jeteo may recover damages for violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, Section 340 of the New York General Business Law and for common law breach of contract. The other counterclaims are dismissed for failure of proof.1 This C...
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OPINION ON MOTION FOR PRELIMINARY INJUNCTION This court must now decide whether the Commonwealth of Pennsylvania may continue to confine plaintiff Frederick Burton in the “Behavioral Adjustment Union” (BAU) of the Western Penitentiary (also known as SCI Pittsburgh). *249 Frederick Burton, now serving sentences for two unrelated homicides, has moved for an injunction requiring the responsibl...
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OPINION This action was instituted to redress a pattern and practice of sex discrimination in employment allegedly fostered by defendant. Plaintiff purports'to act on her own behalf and on behalf of a class delineated as “. . . all women employed by the defendant since October, 1967, all women- presently employed by the defendant and all women who may be employed by the defendant in the f...
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MEMORANDUM AND ORDER This is an action for breach of contract. The parties have filed cross-motions for summary judgment. The issues presented by these motions are (1) whether as a matter of law plaintiff made a valid acceptance of defendant’s written firm offer and (2) if a valid acceptance was made, whether there exists a written memorandum sufficient to take the contract out of the Sta...
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MEMORANDUM AND ORDER Plaintiff, William McConney (“McConney”), brings this action under § 301(a) of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 185(a), alleging breach of a collective bargaining agreement. Defendants in this action are: The Great Atlantic and Pacific Tea Company (“A&P”), McConney’s former employer, who is charged with discharging him in breach of the agreemen...
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MEMORANDUM OPINION Petitioner seeks habeas corpus relief pursuant to 28 U.S.C. § 2254. The petitioner *496 asserts that he was ineffectively assisted by counsel in proceedings culminating in petitioner’s conviction on charges of malicious wounding. He further asserts that his plea of guilty to the charges was entered involuntarily. I In June of 1969, the Grand Jury for the Circuit Court o...
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DECISION AND ORDER This action is before me on the motion of the defendants for summary judgment. The plaintiffs in this case brought a pro se complaint against the Milwaukee County sheriff and various members of the staff of the Milwaukee County jail, alleging that while at the jail the plaintiffs were afforded inadequate medical treatment and inadequate access to the courts. The plaintiffs re...
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RULING ON DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT Six municipal entities of the State of Connecticut have brought an antitrust action against a group of affiliated companies that are engaged in the distribution and sale of electric power. The defendants Connecticut Light & Power Company (“CL&P”) and the Hartford Electric Company (“Helco”) are electric utility corporations operatin...
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ORDER AND OPINION On or about April 1, 1976, plaintiff Williams, a resident of Vermont, entered into a contract with defendant Beyer, a resident of New Hampshire, whereby plaintiff agreed to construct a house for defendant in Etna Village, Grafton County, New Hampshire. The contract was drafted by an attorney retained by the defendant, and contained an agreement to arbitrate as follows: ...
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ORDER This is a pro se civil rights action brought pursuant to 42 U.S.C. § 1983 wherein Plaintiff, a state prisoner incarcerated at the Lexington Treatment Center, Lexington, Oklahoma, alleges that he is being treated differently than other prisoners with respect to “good time” awarded against his sentence in violation of the Fifth, Eighth and Fourteenth Amendments to the United States Constituti...
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MEMORANDUM TO SUPPLEMENT BENCH OPINION On April 21, 1978, I held oral argument on the parties’ motions for summary judgment. After argument, I orally rendered an opinion from the bench, granting summary judgment in favor of plaintiff Secretary of Labor and stating the reasons for my conclusions. The purpose of this memorandum is to clarify and amplify those reasons stated in open court. ...
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MEMORANDUM OPINION This is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petitioner seeks to have his conviction and sentence set aside in the criminal case of State of Tennessee v. Thornton Lee Handley, Docket No. 133,059 in the Criminal Court for Hamilton County. The petitioner was convicted by a jury upon the charge of first degree murder and received a sentence ...
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MEMORANDUM On 22 October 1976 this Court entered judgment herein in favor of the defendant Chesapeake & Ohio Railway Company. This judgment was appealed to the United States Court of Appeals for the Fourth Circuit which, in an opinion dated 24 May 1978 affirmed in part and reversed in part the judgment of this Court, and remanded the case for further proceedings. EEOC v. Chesapeake & Ohio Ry. Co....
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MEMORANDUM ORDER This cause comes before the Court upon a verified petition1 to take depositions prior to the filing of an action, pursuant to Rule 27(a)(1), F.R.Civ.P., which provides that: A person who desires to perpetuate his own testimony or that of another person regarding any matter that may be cognizable in any court of the United States may file a verified petition in the United States di...
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ORDER This is a case arising under various information-disclosure statutes passed by Congress. A non-party state governmental organization — the Department of Health and Rehabilitative Services (HRS) — seeks to get information from the federal government that the latter uses to pay a group of doctors for performing Medicare services. The federal government in this case wishes to turn over...
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ORDER MEMORANDUM INCLUDING FINDINGS OF FACT AND CONCLUSIONS OF LAW INTRODUCTORY STATEMENT AND CONCLUSIONS OF LAW This proceeding follows the receipt of the mandate from the United States Court of Appeals in Treasure Salvors, Inc. v. Unidentified Wrecked and Abandoned Sailing Vessel, Nuestra Senora de Atocha, etc., 5 Cir., 569 F.2d 330 (C.A. 5th 1978), which affirmed, ...
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ORDER This case arises out of a controversy over an agreement to lease lighting equipment allegedly entered into by plaintiff and a third party and thereafter assumed by defendant John Karlton as general partner in Fieldstone Mall Investors, Limited. Plaintiff contends that defendant, on buying Fieldstone Mall from successors in interest to the original lighting lease agreement, impliedly...
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MEMORANDUM ORDER This action arises out of the separation of twenty-six workers from State employment. The issue of liability has been tried to the Court, sitting without a jury; has been fully and ably briefed by the parties, and is now ripe for decision. This Memorandum Order shall incorporate within its text the necessary findings of fact and conclusions of law pursuant to F.R.Civ.P. 52(a). ...
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OPINION AND ORDER In 1935 the Gros Ventre and Assiniboine Indians residing on the Fort Belknap Indian Reservation in Montana organized as Indian tribes under the name “Fort Belknap Indian Community” pursuant to the provisions of Section 16 of the Indian Reorganization Act of June 18, 1934 (25 U.S.C. § 476). In 1937 the Fort Belknap Indian Community organized as a corporation under the sam...
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FINDINGS OF FACT and CONCLUSIONS OF LAW This dispute involves the mortgage funding of a certain project with the construction of a shopping center in Camden County, New Jersey known as the Glen Oaks Shopping Mall (hereinafter “Glen Oaks” or “the shopping mall”.) Originally the action was instituted by the First National State Bank of New Jersey (“FNSB”) in the Superior Court of New J...
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OPINION AND ORDER This matter is before the Court on plaintiff’s motion for summary judgment on its application to vacate an arbitrator’s award. *473 Defendant has filed a motion to dismiss the plaintiff’s application and to confirm the arbitrator’s award. I The plaintiff, Local 1466 of the International Brotherhood of Electrical Workers [hereinafter “the Union”], b...
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OPINION I. History of Case Defendants were indicted on August 17, 1977, for alleged participation in a conspiracy involving an illegal gambling enterprise. 18 U.S.C. §§ 371 and 1955 (1970). The matter presently before the court is defendants’ motions to suppress evidence obtained as the result of wire interceptions conducted pursuant to orders of this court dated January 8 and February 6, 1...
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ORDER Before the court are a number of motions filed subsequent to the entry of judgment in favor of the plaintiff and the filing of a notice of appeal by the defendant in this action. First, the plaintiff has moved the court to amend the judgment by adding thereto in accordance with this court’s decision of November 21, 1977, D.C., 439 F.Supp. 1346, the plaintiff’s medical and other expenses inc...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Findings of Fact 1. Public use of the Refuge currently exceeds 50,000 visitors each year. Approximately 30,000 boaters annually are now using the 7,000-acre South Sump that makes up the southern portion of the Refuge. P. Ex. 9 at 1-1. In recent years the annual increase in boating has exceeded 19% and is projected to increase in the Elko County portio...
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MEMORANDUM OF DECISION Background This is a class action by the plaintiffs on behalf of themselves and all other inmates of the State of Connecticut who are currently serving sentences of life imprisonment at the Connecticut Correctional Institutions at Somers and at Enfield and who have been, or who will be, denied pardons during their current terms of incarceration by the defendant Connecticut...
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MEMORANDUM AND ORDER This is a shareholder derivative action brought on behalf of American Continental Industries, Inc. (ACI) and two wholly owned subsidiaries of ACI — Starts, Inc. and Norob, Inc. Among the 10 named plaintiff shareholders, plaintiff Taylor owns more than 50% of the stock of ACI. ACI, Starts, and Norob are “nominally named” as defendants. Among the additional 24 defendants are Ri...
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MEMORANDUM This matter is before the Court upon the motion of defendant to dismiss and for summary judgment. Plaintiff brings suit pursuant to 29 U.S.C. § 185 et seq. and 29 U.S.C. § 401 et seq. claiming that he was denied his “equal rights and privileges” by the defendant union. Specifically, plaintiff claims that the defendant, through its chief operating officer, refused to permit him to atten...
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Plaintiff, Mav Freight Service, Inc. (“Mav”) seeks a refund of $9,863.10 together with interest in withholding and Federal Insurance Contributions Act (“FICA”) taxes paid for the calendar year 1969. The taxes were assessed on amounts paid by Mav to a number of individuals for work performed in unloading shipments of beef delivered in the metropolitan New York area. I Mav is a New York...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on Motion of Defendants to Strike Plaintiffs Prayer for Compensatory Damages for Injuries to Mind and Body and for Punitive Damages and to Strike Plaintiff’s Demand for Jury Trial. The action was instituted pursuant to 29 U.S.C. § 621 et seq., the “Age Discrimination in Employment Act of 1967, as Amended” (ADEA), 2...
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ORDER On January 28,1975 Connie Gail Chappell (hereinafter referred to as “movant”), having waived prosecution by indictment, was charged by an information with one count of conspiracy to commit a criminal offense against the United States by concealing and keeping in her possession falsely made, forged and counterfeited obligations and securities of the United States, in violation of 18 U.S.C....
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MEMORANDUM OPINION AND ORDER This is a cattle' conversion case brought by the government as lienholder to recover the value of cows sold by the mortgagor, Clyde R. Webb. Defendants, Scott B. Ralls and Ward Lindsey, Jr., d/b/a Carson Livestock Commission Company, handled the sale of the cattle for Webb. Defendants have filed a counterclaim under 28 U.S.C. § 2674. Trial was before the Court...
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MEMORANDUM AND ORDER This suit is before the Court on an appeal from the decision of the Secretary of Health, Education and Welfare (Secretary) denying Plaintiff’s application for widow’s benefits. Plaintiff lived with and ceremonially married her now deceased husband, Russell Woodson (Woodson). Plaintiff, after Woodson’s death, sought widow’s benefits. However, unknown to the Plaintiff, Woodso...
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OPINION AND ORDER This matter comes before the Court on a motion of petitioners, Dr. J. W. Schonfeld, Ltd. and Jerome W. Schonfeld, to strike an Insufficient Defense pursuant to Rule 12(f) of the Federal Rules of Civil Procedure. Petitioners move to strike the Government’s First Defense, which asserts that this Court lacks jurisdiction over the subject matter and the United States by virt...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW ON DEFENDANTS’ RENEWED MOTION FOR SUMMARY JUDGMENT INTRODUCTORY STATEMENT Since this lengthy litigation began on October 1, 1974, the complaint has been twice amended, partial summary judgment entered on December 29,1975, and the United States Court of Appeals for the Fifth Circuit in part affirmed and in part remanded that partial summary judg...
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ORDER ON MOTION FOR PRELIMINARY INJUNCTION This action is brought to require the defendants to admit a “paralegal” to the Georgia State Prison at Reidsville for the purpose of interviewing prisoner clients of an attorney. Plaintiffs sought a temporary restraining order which was, in effect, a mandatory injunction. The TRO was denied by this Court on July 3, 1978. An evidentiary hearing at...
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RULING AND ORDER ON FEDERAL DEFENDANT’S MOTION TO DISMISS This case is a purported class action brought under the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202 to adjudicate the validity of plaintiff’s disclaimer of a portion of her contingent interest in the corpus of the Hubbell Trust. The defendants are the Trustees of the Hubbell Trust, Richard Turner, Attorney General ...
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MEMORANDUM AND ORDER John Herbert Eades was indicted by the grand jury for the District of Maryland on February 7,1978. The indictment consisted of nine counts alleging that on three different occasions Eades had engaged in unlawful conduct on the grounds of the United States Naval Academy. Counts 1 through 4 related to an alleged sexual assault by Eades upon Lieutenant Irmeli S. Makela on January...
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FINDINGS OF FACT CONCLUSIONS OF LAW ORDER FOR JUDGMENT The sole issue before the Court is whether or not United States Design Patent No. 228,728 is invalid pursuant to 35 U.S.C. § 102(b) because the ornamental design subject matter of the patent was on sale, in public use, or described in a printed publication more than one year prior to the filing date of the patent. This ...
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455 F.Supp. 434 (1978) UNITED STATES of America, Plaintiff, v. MANSION HOUSE CENTER, etc., et al., Defendants. No. 76-20C(3). United States District Court, E. D. Missouri, E. D. August 17, 1978. Joseph B. Moore, Asst. U. S. Atty., Dept. of Justice, St. Louis, Mo., J. Christopher Kohn, Civ. Div., Dept. of Justice, Washington, D. C., Donald Flint, Area Counsel, Dept. of Housing and Urban Developmen...
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455 F.Supp. 444 (1978) George W. WARNECKE, Plaintiff, v. LACLEDE GAS CO., Defendant. No. 78-424C(1). United States District Court, E. D. Missouri, E. D. August 17, 1978. *445 Richard J. Sheehan, Gordon G. Hartweger, Susman, Stern, Heifetz, Lurie, Sheehan, Popkin & Chervitz, St. Louis, Mo., for plaintiff. John Gianoulakis, John A. Klobasa, Kohn, Shands, Elbert, Gianoulakis & Giljum, St. Lo...
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OPINION Defendant Murray H. Michael has made a timely motion to dismiss certain counts of a superseding indictment which alleges that Michael conspired with, and aided and abetted, James Neveras, vice president of the Trust Company of New Jersey, in willfully misapplying the monies, funds and credits of the bank in violation of 18 U.S.C. §§ 371, 656 & 2, The defendant also challenges thre...
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MEMORANDUM and ORDER This sex discrimination action is brought by Plaintiff Equal Employment Opportunity Commission [hereinafter EEOC] under § 706(f)(1) and (3) and (g) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. Plaintiff’s Amended Complaint claims that Defendant Singer Controls Company of America, Appliance and Automotive Division [hereinafter Company] has...
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MEMORANDUM AND ORDER This is an action against the United States for the wrongful death of plaintiff’s decedent, William R. Mercer, who was killed on January 29, 1975, during the course of his employment at the Blue Rock Quarry Mines in Perry Township, Fayette County, Ohio. On October 2, 1974, and on other prior occasions, agents of the federal government undertook to inspect the Blue Roc...
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ORDER ON MOTIONS This action is presently before the court on a motion by the plaintiff to amend her complaint and a motion by defendants to join an additional party plaintiff. Briefs have been filed by the parties in support of their respective positions. This is a negligence action arising out of an automobile accident involving vehicles operated by the plaintiff and defendant Doyle Pollard...
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OPINION AND ORDERS RE CONFIRMATION AND CONSUMMATION OF PLAN OF REORGANIZATION On March 17, 1978, this Court approved, subject to certain modifications, the Plan of Reorganization proposed by the Penn Central Trustees and separate Plans for each of the 15 Secondary Debtors 1 (the 16 Plans will be referred to as the Plan). Order No. 3279 directed that a ballot, and a copy of the ...
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MEMORANDUM DECISION The petitioner, Glenn D. Havens, seeks a writ of habeas corpus, claiming that his confinement in the South Dakota Penitentiary is based upon a conviction obtained in state court under an unconstitutional statute and as a result of proceedings which violated his due process rights. An alleged error in instruction of the jury and prosecutorial misconduct are the bases for the ...
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ORDER ON APPLICATION FOR PRELIMINARY RELIEF This is an action under 42 U.S.C. § 1983 for damages and injunctive relief arising out of a nighttime curfew imposed in the City of Memphis during August of 1978. Plaintiffs claim that the curfew and the City Ordinance upon which it is based, both on its face and as applied, deny their rights under the First Amendment, including travel, speech and ass...
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MEMORANDUM Plaintiffs Gerrie Foster and her husband brought this diversity action charging the defendant with malicious prosecution and “outrageous conduct causing severe emotional distress”. The defendant has moved to dismiss the claim of Gerrie Foster on the ground that she can recover in this action only under the tort of outrageous conduct and that the complaint fails to state a cause of ac...
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MEMORANDUM OPINION On March 16, 1978, two attorneys representing Plaintiffs in this litigation, John Cochrane and Lex Hawkins, and an officer of a Plaintiff, Glenn L. Freie, moved to the Court for leave to comply with Congressional subpoenas. The four subpoenas were issued by two Congressional subcommittees, the Subcommittee on Oversight and Investigation of the Interstate and Foreign Commerc...
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ORDER AND MEMORANDUM OPINION There is now before the Court defendant Mary Lee Grantham’s motion to dismiss. The Court having considered said motion, plaintiff’s response thereto, and having heard oral argument has determined that defendant Mary Lee Grantham’s motion to dismiss should be granted. *441 The plaintiff seeking to establish the jurisdiction of a federal court...
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DECISION AND ORDER DENYING MOTIONS TO WITHDRAW REFERENCE TO BANKRUPTCY JUDGE AND CERTIFICATION FOR INTERLOCUTORY APPEAL This matter arises out of bankruptcy litigation involving the Chapter X Estate of the Pacific Homes Corporation, a California non-profit corporation which operates retirement homes and health care facilities providing residential and convalescent care to approximately 1,700 seni...
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OPINION Plaintiff Souza, a member of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (“Teamsters”), applied to defendants, The Trustees of the Western Conference of Teamsters Pension Trust (“Trustees”), for retirement benefits. When his application was denied, he filed this class action, alleging that the pension plan’s age requirement violated ...
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ORDER OF DISMISSAL Defendants’ Chernow, Rothberg and Engleman, d/b/a Modern Investment Company, have moved to dismiss. Plaintiff is a Colorado corporation which licenses computer programs which it has developed. Defendant Associated Computer Systems, Inc. [ACS] is a Florida corporation with its principal place of business in Florida. Defendants Gerald Chernow, Barry Rothberg and William E...
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OPINION This case presents the issue whether a substantial question exists under one of the more obscure provisions of the Constitution, art. I, § 9, cl. 6, the Port Preference Clause. If so, this Court should certify the question for decision by the Temporary Emergency Court of Appeals (“TECA”) before resolving the remaining issues in the case. Economic Stabilization Act of 1970, § 211(c), 84 St...
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OPINION Dr. Nolvert P. Scott, Jr. (“Scott”) brought this class action against the University of Delaware (“the University”), its Board of Trustees, and other University officials and faculty members, alleging racial discrimination in the hiring, discharge, recruitment, promotion, supervision, wages, terms, conditions and privileges of employment of its faculty. Scott seeks a declaratory j...
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ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION AND DENYING MOTION TO DISMISS Plaintiffs Yanagawa and Oyadomari nominated plaintiff Kupau to stand for election for the position of Financial Secretary-Business Representative of Local No. 745, United Brotherhood of Carpenters and Joiners of America. On June 23, 1978, Kupau was elected to that position. Defendants, however, have refused to instal...
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Memorandum This is a suit in admiralty filed by a Swiss ocean carrier of goods against a South Korean seller of wood products. Jurisdiction is invoked pursuant to 28 U.S.C. § 1333; a *965 process of attachment has issued under Rules of Admiralty Supplemental Rule B, 28 U.S.C. Respondent has moved to quash the attachment and dismiss this suit for lack of admiralty jurisdiction...
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FINDINGS OF FACT and CONCLUSIONS OF LAW The instant case was tried to the court without a jury and taken under advisement. The court, after considering the stipulations, exhibits, and briefs, makes the following findings and conclusions under Rule 52(a) of the Federal Rules of Civil Procedure. This is a suit by a common carrier subject to the Interstate Commerce Act of 1887, as amend...
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OPINION On August 27,1976, Cosmos Broadcasting Corporation of Louisiana, Inc. (“Cosmos”), owner of WDSU-TV, fired its weatherman, Mr. Clem Gendron (“Gendron”). The American Federation of Television and Radio Artists (“AFTRA”) filed a grievance on his behalf, and when efforts to effect a settlement failed, demanded binding arbitration as provided for in the Cosmos-AF-TRA contract. Cosmos defended ...
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MEMORANDUM AND ORDER This is an action for malicious prosecution, abuse of process and unfair or deceptive acts or practices. The Magistrate to whom this case was referred recommended that defendant’s motion to dismiss for failure to state a claim upon which relief can be granted be denied in its entirety. On defendant’s objections to that recommendation, the Court has reviewed the matter de n...
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MEMORANDUM OPINION This employment discrimination suit based upon statutory and constitutional prohibitions thereof presents a serious challenge to this court’s jurisdiction under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Since the resolution of this issue necessitates an understanding of the procedural history of the litigation, we direct our initial attention ...
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MEMORANDUM This case presents an issue which federal courts, and to some degree state courts, have been seeing with ever increasing frequency; that is, the right of an employer to mandatorily or involuntarily retire an employee upon his or her reaching a certain age. The recent enactments of legislation in this area, both federal and state, has resulted in a substantial change from the de...
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Plaintiff, the United States, seeks in this action to recoup monies it paid to reimburse defendant, Citibank, N.A. (sued herein and formerly known as First National City Bank) (“Citibank”), for funds Citibank disbursed when it cashed postal money orders that had been stolen and forged. The principal issue is the validity of the postal regulations tnat authorize such recoupment. The Government has ...
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MEMORANDUM OPINION AND ORDER On March 13, 1978, defendants Ronald James Jones and Harry Virgil McClendon were convicted in this Court of using the United States Mails to defraud an insurance company. At trial the government placed United States Postal Inspector Russell Siano on the stand who testified to a conversation he had with a Dr. Walter Ron-gas, in which Dr. Rongas stated to him that he ...
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REASONS FOR GRANTING OF PRELIMINARY INJUNCTION For the reasons stated herein, the Court has concluded that the plaintiff is entitled to a preliminary injunction restraining the *1191 defendants from barring plaintiff from interscholastic competition and restraining the defendant McKenzie from denying to the plaintiff the right to participate in interscholastic athletics, part...
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DECISION and ORDER The parties have filed cross-motions for partial summary judgment. In addition, the defendant has filed a motion in limine and has moved that the court take judicial notice of certain matters he deems relevant to the summary judgment motions and the issue for trial. Pursuant to a stipulation of facts agreed to by the parties, the following facts are undisputed. The plaintif...
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DECISION and ORDER The defendant Wilford Bell has filed a motion for summary judgment dismissing the complaint on its merits. Alternatively, the defendant seeks dismissal of this case for lack of subject matter jurisdiction. If there were merit to the defendant’s alternative motion to dismiss for lack of subject matter jurisdiction, I would be obliged to address that motion in the first instance. ...
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MEMORANDUM OPINION This is an action brought pursuant to 42 U.S.C. § 1983 (1970) seeking redress for the denial of due process in the expulsion of a public school student. The matter has been submitted to the Court on a stipulation of facts entered into by the parties. On February 3, 1978, Laura Beth Lester, a teacher at North Pulaski High School in Jacksonville, Arkansas, advised Do...
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MEMORANDUM OPINION This matter comes before the court on the petition of the United States to enforce a “special order” issued by the National Highway Traffic Safety Administration, a division of the Department of Transportation, requiring the Firestone Tire and Rubber Co. to answer certain interrogatories and produce certain documents relevant to the Administration’s (hereinafter NHTSA) ...
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OPINION GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT STATEMENT OF THE CASE This cause is before the Court on defendant’s motion for summary judgment and partial summary judgment upon the issues framed in Plaintiff’s Third Amended Complaint. The complaint is framed in two counts. Count I is an action under 42 U.S. C.A. § 1983 alleging that defendant under color of state law deprived the pl...
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OPINION Plaintiff Resource Investors Group (RIG), an Illinois partnership, filed suit in the Northern District of Illinois against Natural Resources Investment Corporation (NRIC), the operator of certain oil and gas interests, POM Corporation (POM), a drilling concern, International Mining & Petroleum Co. (IMPCO), a prospective successor corporation to POM, RSA Corporation (RSA), the purc...
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MEMORANDUM AND ORDER Plaintiffs, residents of southern Missouri, have filed a pro se civil lawsuit challenging defendants’ actions during the ratification of the Panama Canal Treaties. The complaint alleges that passage of the Canal treaties violates plaintiffs’ constitutional rights and amounts to larceny, fraud and conspiracy. The complaint also asserts that defendants have violated 42 U.S....
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MEMORANDUM This is a class action, which was filed on December 2, 1977. The plaintiff class consists of all persons, male or female, who are presently or in the future will be incarcerated at the Thurston County Jail, Thurston County Courthouse, Pender, Nebraska. The class includes both pretrial detainees and those persons who have been convicted *303 of criminal charges and who are confined ...
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MEMORANDUM-DECISION AND ORDER This is a criminal action involving three alleged violations of the Federal Food, Drug and Cosmetic Act, Title 21 U.S.C. §§ 301, et seq. Named as defendants in the Indictment are Morton-Norwich Products, Inc., a corporation doing business as Norwich Pharmacal Company, and James J. Mahoney, Vice-President of Operations for Morton-Norwich Products, Inc. Indictment ...
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OPINION Now before the Court are motions to dismiss filed by all three defendants. Each motion contends that the Complaint fails to state a cause of action upon which relief can be granted. The Complaint contains three counts: 1) invasion of privacy, 2) attempted slander, and 3) procurement of information by improper means which advances rival business interests. These counts are bas...
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OPINION John Mathis, a citizen of New Jersey, filed the complaint in this defamation action on March 24, 1977. Complaint ¶ 1. Jurisdiction is based solely on diversity of citizenship. 28 U.S.C. § 1332(a) (1976). The complaint names as defendants the *409 publishers of two Philadelphia newspapers, the Daily News and the Evening Bulletin, as well as three television stations. B...
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The defendant, Terry Dale Norman, moves to suppress a list of evidence seized by arresting State officers in control and supervision of the airport in Pittsburgh, Pennsylvania, and to suppress confessions or admissions. These officers were directly responsible for the public safety relating to air travel. On February 22,1978, the defendant, pri- or to boarding a plane, placed on a moving conveyor ...
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MEMORANDUM AND ORDER Plaintiff Glenn C. Bullock (“Bullock”), a prisoner of the Commonwealth of Pennsylvania in the custody of the Pennsylvania Bureau of Correction, brought this civil rights action, pursuant to 42 U.S.C. § 1983, to redress the deprivation of rights secured to him by the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the Constitution of the United States...
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MEMORANDUM AND ORDER Plaintiff Motor Master Products Corporation brought this action against defendant *233 Motor Masters Warehouse, Inc., alleging trademark infringement and unfair competition, in violation of the Lanham TradeMark Act of 1946, 15 U.S.C. § 1051 et seq. The case was tried before this Court on March 27-28, 1978. After careful consideration of the tes...
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MEMORANDUM OPINION Defendant has filed a motion for reconsideration of the Court’s judgment of July 10, 1978, awarding attorney’s fees, claiming that since the award of benefits was made by the Appeals Council on remand, and plaintiff did not file a petition with the Social Security Administration for fees for services rendered, the Court is without jurisdiction to determine an award for ...
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MEMORANDUM OPINION This is a suit for declaratory- and injunctive relief pursuant to 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201-02, brought by International Society For Krishna Consciousness, Inc. (“ISKCON”, a non-profit California corporation) and Hasyapriya Das, who is an adherent to the teachings of ISKCON, to enjoin the arrest and prosecution of its members for trespass while distributing...
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MEMORANDUM OPINION Plaintiff, Southland Corporation, a Texas corporation, is the franchisor of a chain of food stores. On March 28, 1977, plaintiff sued defendant, Montgomery Estridge, a franchisee, in the California Superior Court of Los Angeles County, alleging that defendant had violated the franchise agreement by failing to maintain a sufficient equity investment in his store. Plainti...
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MEMORANDUM ORDER The original class action complaint alleges a violation of the federal securities laws and common law misrepresentation arising out of a scheme to market certain “distributorships” of coin-operated blood pressure testing machines. Several defendants are named, including Blood Pressure Monitors, a Corporation [hereinafter “BPM”], Fiscal Concepts Incorporated [hereinafter “...
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ORDER The Court has before it defendants’ motion for summary judgment, filed December 29, 1977 and resisted by plaintiff on March 14, 1978. Plaintiff’s 42 U.S.C. § 1983 action seeks to recover for damages allegedly incurred when plaintiff was arrested on misdemeanor charges by defendant deputy sheriffs. Plaintiff claims he was illegally arrested and subjected to the use of excessive force...
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*954 MEMORANDUM AND ORDER This action involves the validity of regulations promulgated by the Federal Farm Credit Board and the St. Paul Farm Credit District Board. These regulations have the effect of placing an age limitation of 70 years of age on directors of the St. Paul Farm Credit District Board. Plaintiff is a 70 year old director of the St. Paul District Board and he requ...
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MEMORANDUM This matter is before the Court on the separate motions to dismiss by defendants *194for failure to state a claim. For the reasons stated below, defendants’ motions will be sustained. Plaintiff is the labor representative of certain meat cutters who were employed in defendant Briggs and Dailey IGA (Briggs). Collective bargaining negotiations between plaintiff and defendant Briggs “brok...
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Now, I’m doing so in connection with the following opinion that I’m going to place into the record. At the end of extensive argument this morning and having considered all of the submissions by counsel, I had indicated to counsel that I inclined to the view that petitioner had not been deprived of any essential right, constitutional or otherwise by Judge Arnold. As I indicated, I felt perhaps int...
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ORDER I have carefully considered the arguments raised in defendants’ Objections to the Findings and Recommendation of the Magistrate. In addition, I had the benefit of oral argument conducted on a conference call basis. At the close of that call, I indicated to counsel I would affirm the Magistrate, for reasons stated at that time. I remain persuaded that those Findings and Recommendation spea...
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OPINION This action under the Civil Rights Act of 1871, 42 U.S.C. § 1983, attacks the constitutionality of procedures used by the City of Philadelphia for dealing with allegedly abandoned motor vehicles. The defendants are City officials responsible for employing these procedures. The case is before me on a motion for class certification. Section 12-1120 of the Philadelphia Code provides that any...
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ORDER ON DEFENDANTS’ MOTION TO DISMISS AND CHANGE OF VENUE This is an action for declaratory, injunctive and damage relief on behalf of named plaintiffs and all others similarly situated 1 who have been denied promotions, allegedly resulting in deprivation of income and retirement benefits. Plaintiffs maintain that the denial of promotions was discriminatory in nature, being based on their ra...
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*394OPINION, FINDINGS OF FACT, DISCUSSION AND CONCLUSIONS OF LAW Plaintiffs being labor organizations representing employees at various Westinghouse Electric Corporation plants have brought this suit on behalf of certain members to enforce certain awards of arbitrators. The awards were made in connection with grievances resulting from terminations for disciplinary reasons. The agreement revolves ...
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ORDER This matter is presently before the Court on the defendants’ motion to dismiss and, in the alternative, on the defendants’ motion in opposition to the maintenance of this lawsuit as a class action. In their motion to dismiss, the defendants contend that the complaint and the amended complaint failed to state a claim upon which relief can be granted, alleging that the plaintiff ...
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MEMORANDUM OPINION This a diversity action by the administrator of the estate of a “named insured” seeking to recover under the provisions of uninsured motorist coverage contained in a policy of insurance written by defendant. The issues presented by the pleadings are (1) the liability of the driver of the vehicle which struck the vehicle upon which plaintiff’s decedent was riding, (2) th...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter came on for a hearing before the above-entitled Court on two successive days, Wednesday, August 9, 1978, and Thursday, August 10, 1978, for hearing of testimony and argument and consideration of briefs and pleadings. Plaintiffs originally sought a temporary restraining order which was granted on Wednesday, August 9, 1978, and a hearing on a preli...
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ORDER The jury in the trial of this action was asked to decide whether IBM monopolized or attempted to monopolize various markets in the computer industry. After five months of trial, and after the jury reported itself deadlocked, the court declared a mistrial. IBM has moved this court for a directed verdict on the grounds that no reasonable jury could find for Memorex on any of its ...
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OPINION The present case is an action for breach of a contract entered into by the plaintiff, Japan Petroleum Co. (Nigeria) Ltd. (“Japan Petroleum”), and Ashland Oil (Nigeria) Company (“AON”). Both Japan Petroleum and AON are Nigerian corporations. The defendants are Ashland Oil, Inc. (“AOI”), a Kentucky corporation, and two of its wholly-owned subsidiaries, Ashland of Nigeria, Ltd., and ...
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MEMORANDUM OPINION On July 22, 1977 an indictment was returned against Ashland Oil, Inc., Cargill, Inc., Reichhold Chemicals, Inc., Reliance Universal, Inc., Arthur K. Klobe, and Lyle J. Rockenbach, charging them with conspiracy to violate Section 1 of the Sherman Act as amended. Defendant Klobe is Vice President and General Manager of the Chemical Products Division of Cargill and defenda...
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MEMORANDUM OPINION In this suit plaintiff has urged alternative claims based on the Federal Consumer Leasing Act of 1976, 15 U.S.C. § 1667, and the Federal Truth in Lending Act, 15 U.S.C. § 1601 et seq. Trial was held before the court on April 8, 1978. Plaintiff alleged that he was first attracted to do business with ABC Rental Systems of New Orleans, Inc. (ABC), defendant herein, when he w...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DIRECTION FOR ENTRY OF JUDGMENT This action arises out of a nautical mishap which occurred in May 1974, when the dry cargo vessel M/V JENNIFER, while carrying a bulk cargo of salt water damaged raw sugar from Saint John, New Brunswick, Canada, to Brooklyn, New York, developed a severe port list off Bar *374 Harbor, Maine, because of' ...
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MEMORANDUM This matter is before the Court on the motion of plaintiffs to remand, and on the motion of defendants to dismiss for failure to state a claim. For the reasons stated hereinafter, plaintiffs’ motion to remand will be denied, and defendants’ motion to dismiss will be sustained. This case was originally filed in St. Louis City Circuit Court by nine plaintiffs for alleged deprivation of co...
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Memorandum of Decision and Order This action is brought by the Secretary of the United States Department of Labor (“Secretary”), pursuant to the authority granted under Section 502(a)(5) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(5), to enjoin the trustees of Teamster’s Local 282 Pension Trust Fund (“Plan”) from loaning one Hyman Green (Green), $20...
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MEMORANDUM This action, brought by some 40 New York taxicab fleet owners and a taxicab owners’ cooperative, challenges the constitutionality of a one-eent per gallon excise tax on the sale of certain leaded gasoline by distributors within the City of New York. Under the authority of New York Tax Law § 284-b, enacted in 1971, New York City Local Law 40, L.L. 1971, imposes the tax on “motor fuel wh...
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OPINION Omark Industries, Inc. (plaintiff) filed this action against Raymond Carlton (Carlton) and the Carlton Company (defendants) to enjoin them from infringing plaintiff’s saw chain patent (U.S. Letters Patent No. 3,180,378 or the Omark patent). Defendants deny infringement. They also seek a declaration that the Omark patent is invalid because of obviousness and because the invention w...
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*51OPINION Defendant Francis Harry Brown was adjudged guilty of conspiracy to distribute stolen postal money orders, 18 U.S.C. § 371, on April 10,1973. This court sentenced him to pay a fine of $1,000 and placed him on probation for a period of two years until April 10, 1975. By the instant petition, the government seeks an order revoking that probation on the ground that the defendant violated i...
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OPINION RE SETTLEMENTS WITH AMTRAK, CONRAIL, NEW YORK STATE, AND THE SIX MONTHS CREDITORS In the Approval Opinion, a pending settlement of Amtrak’s claims and the dispute with respect to the amount and character of ConRail’s claims were discussed. The Trustees and ConRail have resolved their disputes and a settlement has been presented to the Court. Settlements with the State of New York and ...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND DIRECTION FOR • ENTRY OF JUDGMENT These two consolidated actions arise out of a collision which occurred at 0735 on the morning of August 21, 1974, when the dry cargo vessel FERNVIEW while attempting to dock at the Bangor & Aroostook Railroad Company (“BAR”) pier at Searsport, Maine collided with the south end of the pier causing considerable damag...
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OPINION AND ORDER DENYING MOTION TO REMAND AND GRANTING MOTION TO AMEND REMOVAL PETITION This action alleging age discrimination in violation of state law was commenced in the Wayne County Circuit Court and was removed by defendant to this Court on May 31, 1978, pursuant to 28 U.S.C. § 1441 on the basis of diversity of citizenship and amount in controversy. On June 26, 1978, the plaintiff moved...
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MEMORANDUM AND ORDER Plaintiff-taxpayer Stuppy, Inc., formerly Stuppy Floral, Inc., having filed claims, of entitlement to investment tax credits with respect to certain greenhouse structures, and having these claims disallowed by the Internal Revenue Service, brought this action to recover a portion of federal income taxes paid for the fiscal years ending June 30, 1973 and 1974. This Court has...
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Defendant moves under Rule 12(b)(6), Fed.R.Civ.P., to dismiss an amended complaint which was served and filed after a trial which ended in a jury deadlock on the legal claim being re-asserted in the amended complaint. 1 The basis of the motion is that there is no private right of action for the injury which these plaintiffs assert under § 404(b) of the Federal Aviation Act, 49 U.S.C....
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ORDER On July 28, 1978, the United States Magistrate’s Findings and Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. Thereafter the Court received plaintiff’s objections to the Magistrate’s Findings and Recommendation. The Court has carefully reviewed the pleadings, briefs, the Magistrate’s Findings and Recommendation and the plaintiff’s obje...
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OPINION AND ORDER RE EXECUTORY CONTRACTS Section 6.2 of the Penn Central Plan and Section 5.2 of each of the Plans of the Secondary Debtors, provide that all execu-tory contracts other than those affirmed pursuant to §§ 6.1 or 5.1 of the Penn Central and Secondary Debtor Plans are disaf-firmed. Specifically reserved from the operation of these sections are all issues relating to the lease...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW INTRODUCTION This is an action brought by Clubb Oil Tools, Inc. (“plaintiff”) against the M/V GEORGE VERGOTTIS, her engines, boilers, tackle and cargo, in rem, to foreclose on a maritime lien and an action against Trefalcon Sales Company (“Trefalcon”), Franconia Sea Transport, Ltd. (“Franconia”) and Pacific Marine Corporation (“Pacific”) on a d...
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MEMORANDUM OPINION John Doescher was convicted of aggravated robbery on March 12, 1975 in Criminal District Court No. 2 in Dallas, Texas and on March 20, 1975 the trial judge sentenced him to 75 years in prison. Doescher filed a timely notice of appeal on April 11,1975 by filing a pauper’s oath in which he requested the trial judge to appoint an attorney to represent him on appeal and to ...
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OPINION AND ORDER This matter comes before the Court for resolution of the question whether the statute of limitations has run on the Federal statutory claims and on the theory of common law fraud raised in the defendants’ Amended Answer. This Court previously has ruled that the statute of limitations applicable to plaintiffs’ claims under § 17(a) of the Securities Act of 1933 (15 U....
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MEMORANDUM OPINION In this action, plaintiff Farmers Bank accuses fifty-one corporate and individual defendants of violating the Securities Act of 1933, the Securities Exchange Act of 1934 and the Organized Crime Control Act of 1970, as well as of breaching their fiduciary duties and acting fraudulently under State law. Defendant James D. Pennington (“Pennington”) has moved to dismiss Count II ...
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MEMORANDUM OPINION This is an action by Erasmo Partida against Warren Buick, Inc., a Chicago automobile dealer from whom Partida purchased a new Buick Century (Pltf. Complaint, pp. 2-3). Plaintiff’s complaint is in three counts. In Count I he alleges violations of the Truth in Lending Act, 15 U.S.C. § 1601 et seq., and Federal Regulation Z, 12 C.F.R. 226, § 1 et seq. Count II alleges a viol...
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MEMORANDUM OPINION Before this Court are the questions of whether to preliminarily and permanently enjoin the City of New Orleans, Louisiana from enforcing certain traffic regulations alleged to be constitutionally deficient on a *1033 number of procedural due process grounds. Each challenge arises as a claim brought by a named plaintiff both individually and on behalf of oth...
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MEMORANDUM On May 15,1975 petitioner was convicted in the Middlesex Superior Court of murder in the first degree and sentenced to life imprisonment. Petitioner’s conviction was affirmed by the Supreme Judicial Court 1 and his subsequent petition for a writ of certiorari to the United States Supreme Court was denied. He now seeks a writ of habeas corpus 2 challenging the constitutionality of...
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MEMORANDUM AND ORDER Plaintiff, a New York resident, brought this diversity action on April 27,1977, alleging injury in the course of her employment on September 19, 1974, while operating a vertical injection molding machine known as the “Mercury VMM I” owned by her employer and manufactured by defendant Progressive Tool & Die Co. (“Progressive”), a corporation formerly existing under the...
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*446ORDER This is an action for refund of excise taxes assessed on “field service units” (portable gasoline tanks) manufactured and sold by plaintiff during the taxable periods beginning October 1, 1965, and extending through June 30, 1972, and for injunctive relief. The matter is before the court on defendant’s motion to dismiss for lack of subject matter jurisdiction. Plaintiff makes the follow...
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AMENDED OPINION AND ORDER Sitting by Designation. This case was initiated by the filing of a complaint on June 24, 1974, challenging the constitutionality of the former § 419(b) of the Mental Health and Retardation Act of 1966, 50 P.S. § 4419(b).1 That provision, which allowed summary revocation of leaves of absences granted to patients of state mental health facilities, was found to be violative...
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MEMORANDUM AND ORDER Pending before this Court is an unusual removal case in which defendant-remover desires a “dismissal” of its removal petition while plaintiffs argue that the case should remain in this Court. Plaintiffs, both citizens of Arkansas, as guardians of the estate of an incompetent, brought a personal injury action against a New Jersey corporation and against a citizen of Arkans...
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MEMORANDUM OPINION Introduction Plaintiff, a Spanish-speaking, Spanish-surnamed male of Puerto Rican origin, has brought this action against defendant, Secretary of Transportation, pursuant to 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. He alleges that he was discriminated against in his employment on the basis...
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MEMORANDUM OF DECISION INTRODUCTION In May, 1971, the New Haven Register, a daily paper of general circulation, carried an advertisement offering an opportunity to invest in mortgages with a “13 — 15% GUARANTEED RETURN.” Dwight A. Long, a retired businessman, responded to the ad and during the next eighteen months invested well over $100,000 in nine mortgages through the d...
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DECISION AND ORDER This action seeks to enjoin the defendants from enforcing a decision of December 12, 1977 by defendant Review Commission, or from proceeding further with charges presently pending which involve nine of its metal can-manufacturing plants in various locations, including Peoria Heights, Illinois, in this district. Plaintiff invokes the court’s jurisdiction under 28 U.S.C. ...
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MEMORANDUM OPINION This matter comes before the court upon defendant’s Motion to Dismiss Government’s Request for a Rule to Show Cause Why Probation Should Not Be Revoked. For the reasons set forth below, the Motion is denied. On April 7, 1975, before the Honorable Robert A. Grant, in the United States District Court for the Northern District of Indiana, defendant pleaded guilty to making a f...
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ORDER This cause comes before the court on plaintiff’s motion for summary judgment pursuant to Rule 56(c), Fed.R.Civ.P., on the issue of the defendants’ liability under: 1) Section 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. § 78j(b) (1977)); and Rule 10b-5 promulgated thereunder (17 C.F.R. § 240.10b-5 (1977)); 2) Sections 214 and 20a(11) of the Interstate Commerce Act of 1920 ...
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MEMORANDUM OF DECISION The court has before it the motion of defendant Finance America Credit Corporation (FACC) to dismiss for lack of subject matter jurisdiction. FACC also contends that it is entitled to summary judgment as a matter of law; however, since both of said defendants’ contentions attack the jurisdictional grounds alleged by plaintiffs, we shall treat the motion sub judice a...
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MEMORANDUM Konstantinos M. Tserpes appears pro se to press claims against the Securities and Exchange Commission (“SEC”) and five individual defendants, four of whom are or were SEC staff members. The fifth individual defendant is an Administrative Law Judge at the SEC. Plaintiff’s vague and conclusory complaint ascribes to the defendants a malicious conspiracy to injure his business and to dispa...
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MEMORANDUM ON POST-TRIAL MOTIONS Defendant has moved under F.R.Civ.P. 50(b) for judgment notwithstanding the jury’s verdicts. Plaintiff has moved for numerous and detailed kinds of injunctive relief, including some divestitures, provisions for predisclosure, and various restrictions on Kodak’s business procedures and practices. It is convenient to treat both motions together and to record...
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For many years during her remarkable and long artistic career, Georgia O’Keeffe employed the services of a commissioned sales agent, Doris Bry. 1 Bry was authorized to sell not only O’Keeffe’s works of art, which include paintings, watercolors, drawings and pastels, but also the photographic works of Alfred Stieglitz, O’Keeffe’s late husband. After an apparent falling out betwee...
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OPINION This appeal is taken from a bankruptcy judge’s decision that a bankruptcy court lacks jurisdiction to determine the validity of the creditor’s lien in a Chapter XII real property arrangement when a creditor seeks to annul the automatic stay of his lien enforcement proceedings. The bankruptcy judge struck the debtor’s answer containing defenses that disputed the lien as obtained through ...
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MEMORANDUM AND ORDER This is a diversity action brought by Peter L. O’Neill, a former employee of ARA Services, Inc., for breach of a contract to employ plaintiff in a management position in ARA, for wrongful discharge from his employment, and for conspiracy to deprive plaintiff of his rightful occupation. Defendants are ARA Services, Inc.; William S. Fishman, President of ARA; and severa...
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DECISION and ORDER There are two motions pending in this action: (1) the defendant state superintendent’s motion for a stay of the attorney’s fees award to the plaintiff; and (2) the plaintiff’s motion for compliance reporting by the defendants. The state superintend*454ent’s motion will be dismissed as moot, and the plaintiff’s motion will be granted in part and denied in part. The state superint...
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DECISION and ORDER This case remains before me on the matter of the plaintiff’s attorney’s fees. On June 26, 1978, I ordered that the plaintiff recover attorney’s fees in an amount to be determined after his counsel’s submission of a more detailed application for attorney’s fees. On July 5, 1978, the plaintiff’s counsel filed an affidavit setting forth the requested information from which...
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DECISION and ORDER The defendant, Burlington Northern, has moved that the trial of this case be held in the western district of Wisconsin. To understand my disposition of this motion, it will be helpful to recount why this and other western district cases are being heard by judges of the eastern district. By June 30, 1976, over 900 cases were pending before Judge James E. Doyle, the sole judge pr...
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This matter is presently submitted for the Court’s consideration of the motion for supplemental relief filed on April 4,1977 by the intervenor United States of America. The Court heard testimony and received various articles of documentary evidence at the hearing in Selma, Alabama, on May 8, *9191978. The Court, having considered such testimony and evidence, the post-trial memoranda of law filed b...
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This is a motion by defendant (“TVA”) to dismiss the action on the ground that plaintiff (“Monsanto”) has failed to state in its complaint a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). Counsel for the parties were heard in oral argument at Huntsville on April 27, 1978. No affidavits were submitted for either side but, with its reply brief, TVA sub*344mitted a copy of an internal...
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OPINION Plaintiffs, who are employees hired under the Comprehensive Employment and Training Act (“CETA workers”) by the County of San Mateo, California (“San Mateo”), bring this class action to enjoin defendant San Mateo from terminating their employment and to obtain declaratory relief concerning certain regulations issued by the defendant Secretary of Labor (“the Secretary”). These regulations ...
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MEMORANDUM This is an action in which certain businesses engaged in the sale and lease of key telephone terminal equipment capable of interconnection with the Bell System charge that various entities in the Bell System 1 have restrained competition, have attempted and conspired to monopolize, and have monopolized trade in the key telephone terminal equipment market in viola ...
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MEMORANDUM OF DECISION This case stems from the default of a $900,000 promissory note. The note was executed on October 19, 1977, by the Sawmill Brook Racing Association, Inc., Ronald Mooney, and Everett B. Zellen, and was made payable to the defendant Second New Haven Bank. As collateral security for the repayment of the debt, Zellen delivered to the Bank 26,250 shares of preferred stock...
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ORDER ON MOTIONS FOR • SUMMARY JUDGMENT Pursuant to 42 U.S.C. § 405(g), plaintiff seeks review of the denial of his claim for disability benefits by the Secretary of Health, Education, and Welfare. There were lengthy extensions for filing an answer and response. Defendant filed a motion for summary judgment on February 8, 1977. Plaintiff similarly moved on February 17th. Both sides have filed b...
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MEMORANDUM AND ORDER This cause is before the court on plaintiffs’ motions for summary judgment on the issue of liability. For the reasons hereinafter stated, the motions will be granted in part and stricken in part. BACKGROUND The motions before the court concern the preclusive effect to be given to a decision of the Delaware Supreme Court under principles of collateral estoppe...
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MEMORANDUM OPINION AND ORDER Plaintiffs in this suit are members of the Holy Spirit Association for the Unification of World Christianity (Unification Church), an organized religious group, 1 who wish to solicit funds and distribute literature in Jefferson Parish, Louisiana. They have brought this suit under 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201-02 seeking a declaration of unconstitutionalit...
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OPINION We have re-examined carefully the demographic data characterizing the Detroit City Schools to determine whether further desegregation of Regions 1, 5 and 8 is possible. We undertake this task following an appeal of our remedial guidelines to the U.S. Sixth Circuit Court of Appeals. That court held our August 15, 1975 remedial guidelines for desegregation “insufficient as to Region...
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MEMORANDUM OPINION AND ORDER Plaintiff, City of Flint, commenced this action on November 8,1976 in the 7th Judicial Circuit Court, Genesee County, Michigan and on December 8, 1976, defendant Chesapeake & Ohio Railway Company (hereinafter C&O) removed the action to this court pursuant to 28 U.S.C. §§ 1441, 1332 (diversity of citizenship). Recognizing that defendant is a foreign corporation, this C...
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MEMORANDUM Plaintiff Civic Center Redevelopment Corporation brought this suit seeking a re*435fund in federal income taxes and interest for the year 1971. At issue is the tax treatment to be applied to the sale in 1971 of a certain parcel of property. This case was tried before the Court without a jury. The Court having considered the pleadings, the testimony of the witnesses, the documents in ev...
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ORDER The above-entitled action arose out of a personal injury claim asserted against plaintiff’s insured by Emanuel Benkendorf. Plaintiff seeks indemnity from defendants for the amount paid by plaintiff in settlement of Benkendorf’s claim against its insured. The matter is before the court on a Rule 56 motion of defendant Dayco Corporation (Dayco) for summary judgment and on the motion o...
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MEMORANDUM The plaintiff, Leon Stern, brought this diversity action against defendants Malcolm Bricklin, Fastrack International, Inc., and Fastrack Leisure Land, Inc., (Fastrack defendants), and defendants First Stroudsburg National Bank and five of the Bank’s officers (Bank defendants), to recover damages for breach of contract, conversion of personal property, and conspiracy to commit conversio...
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MEMORANDUM Plaintiff, J. E. Brenneman Company, is a construction company which entered into a contract in 1973 with the Derry Township Municipal Authority (DTMA) to build a wastewater treatment plant (Derry Plant). The Derry Plant is now substantially completed, having been in operation since March 1977. The plaintiff filed this complaint in mandamus against Jack J. Schramm, the Regional Administr...
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The plaintiff, Ray Branson, was an owner-operator truck driver who drove for Midwest Coast. Midwest Coast, through Prins Insurance Agency of Sanborn, Iowa, obtained comprehensive insurance for its drivers. Prins obtained the insurance from the Royal Globe Insurance Company. In January of 1976, Royal Globe cancelled its policy with the Midwest Coast Drivers due to excessive losses. Prins, in an att...
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ORDER This lawsuit, filed on July 27, 1973, was brought derivatively on behalf of NCS Computing Corporation (as it existed prior to the merger of NCS and Booth, Inc. on May 10, 1973) by the Plaintiffs Gearld Clark, Ronald Brandow, Robert Burnside, Wayne Burnside and Tom Burden to recover damages for claims against Lomas and Nettleton Financial Corporation and others which arose between 1969 and M...
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ORDER APPROVING SETTLEMENT Scientists, philosophers, theologians and a few ordinary mortals have long speculated about the origin of the universe. Scientists have recently concluded by using sophisticated measuring equipment and employing various theories regarding the relationship between matter and energy that the source of creation (as far back as science can trace) was a tight ball of hydroge...
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MEMORANDUM AND OPINION I. INTRODUCTION This action was commenced pursuant to the provisions of the Int.Rev.Code of 1954, § 7401, 1 to reduce to judgment an assessment of income tax liability. The defendant taxpayer in this case, Beth Koehler Diehl (hereinafter defendant), and Kent B. Diehl (hereinafter Mr. Diehl), now- deceased, were married during the entire calendar year...
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ORDER This case is here on cross motions for summary judgment. The parties have by pre-trial order adopted the following stipulation of facts: “1. On October 17, 1969, the United States entered into the Devil’s Club No. 2 Timber Sale Contract, (hereinafter cited as “Contract”), with the contract retroactive to June 26,1969. The contract provided for Annette Timber Corporation, later known a...
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ORDER Oil, Chemical & Atomic Workers International Union, AFL-CIO, and Oil, Chemical & Atomic Workers International Union, AFL-CIO, Local 1-128 [jointly hereinafter referred to as the “union”] filed this petition for an order directing arbitration. Respondent is the Union Oil Company of California [hereinafter the “company”]. This case is a suit for violation of a contract between an employer and...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This is an action for specific performance and for breach of two contracts, one between plaintiff, MaceRich Real Estate Company VI, and two Colorado partnerships, Holland Properties Co. and A & A Properties, Ltd., and the second between plaintiff and Industrial Western, Inc., a Utah corporation, and its shareholders. A temporary restraining o...
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ORDER Petitioner, United States of America and J. Kenneth Mansfield, Inspector General of the Department of Energy, has moved this Court to enforce a Department of Energy subpoena against the respondent, John Ian-none, employed by the American Petroleum Institute, Washington, D. C. A subpoena ad testificandum was issued by petitioner to respondent on July 6, 1978, in connection with an inve...
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RULING ON CROSS MOTIONS FOR SUMMARY JUDGMENT This suit presents the apparently novel issue of whether Congress has preempted a state’s power to tax benefits paid by an employee welfare benefit plan by enacting the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. The facts are not in dispute. Plaintiffs are the National Carriers’ Conference Commi...
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*971 OPINION This action challenges certain regulations promulgated by the Environmental Protection Agency (“EPA”) pursuant to Section 311 of the Federal Water Pollution Control Act, (“the Act”) 33 U.S.C. § 1321, as amended by the Clean Water Act of 1977, P.L. 95-217, 91 Stat. 1566. Published at 43 Fed. Reg. 10474 and promulgated as 40 C.F.R. Parts 116, 117, 118 and 119, these re...
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OPINION The United States as assignee of certain mortgages and mortgage notes seeks foreclosure of the mortgages and sale of the encumbered property. 1300 Lafayette, East, a co-partnership which owns the mortgaged property, asserts in defense that there was no default and that plaintiff is barred from foreclosure because it has unclean hands. Defendant also counterclaims for damages caused by c...
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MEMORANDUM-OPINION Margaret Boyer has petitioned this District Court for judicial review of the final *810decision of the Secretary of Health, Education and Welfare, pursuant to the provisions of Title II of the Social Security Act, as amended, 42 U.S.C. § 401, et seq. Plaintiff filed her application to establish a period of disability on March 22, 1973. The application was denied, and is not now ...
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MEMORANDUM OPINION Following a bench trial before Judge Bruce R. Thompson, the defendants were convicted and sentenced on four out of ten counts of an indictment charging them with violations of the federal tax laws. After filing notices of appeal, the defendants presented motions for a new trial on the ground that newly discovered evidence indicated that Judge Thompson had been personall...
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OPINION Defendants have moved for summary judgment claiming there is no genuine issue of material fact and that they are entitled to judgment as a matter of law. FACTS Plaintiff’s concern with these defendants did not start with the filing of the complaint in this action. Plaintiff was employed by the University of New Hampshire in 1972 and held that employment until he was discharged in 1975 on ...
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MEMORANDUM OPINION This matter is before the Court on cross-motions for summary judgment. The par *995 ties are in agreement that there is no genuine issue of material fact, and I find that it is proper to grant summary judgment in favor of the plaintiff on the basis of the law and the affidavits, exhibits, depositions and interrogatories on file in this case. The following s...
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Plaintiffs Richard A. Sibley, Jr. and Worcester County National Bank move for an order, pursuant to Rules 1 and 42(a), Fed.R.Civ.P., and Section 1.80 of the Manual for Complex Litigation, declaring that the Massachusetts wrongful death act, Mass.Ann.Laws ch. 229, § 2 (1974), applies in this action with regard to plaintiffs’ claim for punitive damages against defendant KLM-Royal Dutch...
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JUDGMENT On May 6, 1977, the plaintiff filed this action claiming that the procedures adopted by N.C.G.S. § 20-16.2(a) and the procedures which led to the revocation of his driving privileges for six months are an unconstitutional deprivation of a property right without due process of law and a denial of equal protection of the laws. He sought a preliminary and permanent injunction against the ...
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OPINION This action was brought by the Equal Employment Opportunity Commission (EEOC) under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, seeking relief from the allegedly racially discriminatory acts of North Hills Passavant Hospital (Hospital).1 The Hospital has *336now moved this Court, pursuant to Rule 56 of the Federal Rules of Civil Procedure, for partial summary ...
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MEMORANDUM AND ORDER Tourism & Development Corporation (Tourism), a Rhode Island Corporation, joined First Federal Savings and Loan Association of Largo (First Federal), a Florida Corporation, as party defendant; First Federal now moves pursuant to the provisions of Rule 12(b)(2) of the Fed.R.Civ.P. to dismiss this action and to quash service of process claiming that this Court lacks in p...
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OPINION AND ORDER This case comes before the Court on the motion of defendant, Inland Boatmen’s Union of the Seafarer’s International Union of North America, Atlantic, Gulf Lakes and Inland Waters District, A.F.L.-C.I.O. (hereinafter Union) for judgment notwithstanding the verdict or alternatively, for a new trial. Rule 50(b), Fed.R.Civ.P. Plaintiff, Earnest Earl Wyatt’s action, brought under § 3...
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DECISION AND ORDER This suit is an action for damages and injunctive relief arising out of the allegedly fraudulent course of conduct engaged in by the defendants from December 1971 through April 1974, which plaintiff alleges was violative of various provisions of the Securities Act of 1933 (the “1933 Act”) and the Securities Exchange Act of 1934 (the “1934 Act”). Jurisdiction is alleged p...
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MEMORANDUM OPINION On June 16, 1978, in an exercise of its continuing duty to assure the maintenance of a unitary school system in Dade County, Florida, this Court ordered the Dade County School Board, in consultation with the Bi-Racial/Tri-Ethnic Advisory Committee to select a plan to remedy violations arising from the attendance zones for Pine Lake and Richmond Elementary Schools. The Board did ...
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Memorandum This civil action was brought by four applicants for Illinois unemployment compensation, on their behalf and on behalf of all others who were eligible for unemployment compensation but had not received their statutory benefits because of alleged *448unreasonable delays in the replacement of checks mailed but never received by plaintiffs or members of the class. The parties amicably set...
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DECISION AND ORDER The complaint herein was filed by James E. Rounds and Raymond E. Burger, as wage earner trustee for Rounds, hereinafter “plaintiff,” except where the context requires more explicit identification, against Community National Bank in Monmouth and Monmouth Mobile Homes, Inc., hereinafter the “Bank” and the “dealer,” respectively, for recovery of the statutory penalty for a...
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OPINION Motions by plaintiffs, for a preliminary injunction and summary judgment, are denied. Motion by defendant Fisher & Brother, Inc., to confirm the December 14, 1977 award of Arbitrator Thomas A. Knowlton, is granted. Motion by defendant Local 814, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of Ameri-ca, for summary judgment, is granted. ...
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[ORAL OPINION OF THE COURT] THE COURT: The instant matter concerns Dollcraft Industries’ motion for an order preliminarily enjoining Well-Made Toy Manufacturing Company from making, distributing, selling or otherwise using any copies of the accused toys at issue herein on the ground that such use constitutes statutory copyright infringement and unfair competition and violates section 43(a)...
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ORDER This case is before the court for review of a final decision of the Secretary of Health, Education and Welfare denying plaintiff’s applications for disability insurance benefits and supplemental security benefits. Plaintiff’s various applications were filed on October 9, 1973, December 3, 1973, and February 4, 1974. An earlier application, filed in 1972 and denied in 1973, is not involved in...
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MEMORANDUM OF DECISION This case was brought under 42 U.S.C. § 1983 to challenge the constitutionality of a local ordinance [see appendix] adopted by the City of Gastonia, North Carolina, on August 16, 1977, and titled “An Ordinance of the City of Gastonia Declaring Commercial Exploitation of Obscene Material and Performances and the Indecent Rendition of Services to Be a Public Nuisance and Pr...
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MEMORANDUM Defendants, John La Monte and House of Sounds, Inc. (“HOS”), have been charged in an 149 count indictment with racketeering (18 U.S.C. §§ 1961 et seq.), wire fraud (18 U.S.C. § 1343) and copyright infringement (17 U.S.C. §§ 101 et seq.). Defendants have moved to suppress evidence seized as a result of four separate searches conducted by agents of the FBI. ...
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MEMORANDUM Plaintiff seeks redress for alleged wrongful termination of his employment as Social Services Coordinator with Defendant Harrisburg Housing Authority (“Authority”). Causes of action are asserted under the Fair Housing Act, 42 U.S.C. §§ 3612, 3617, and the Civil Rights Acts, 42 U.S.C. §§ 1983, 1985. Before the Court is Defendants’ motion to dismiss. The complaint alleges as follows:...
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MEMORANDUM OPINION This is a slip and fall case which occurred at Carswell Air Force Base Commissary in Fort Worth, Texas. The suit is brought pursuant to the Federal Tort Claims Act (28 U.S.C. 1346(b) and 28 U.S.C. 2671, et seq.) since for the purpose of said act the Cars-well Air Force Base Commissary is an agency of the United States. In accordance with the Federal Tort Claims Act, trial was to...
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MEMORANDUM OPINION This case is before this Court on an appeal from an order of the Trial Judge that the Trustee’s title in a mobile home is superior to the title of the Appellant, Birmingham Trust National Bank. On April 23, 1975, the Bankrupt, Leburn Foy Gardner, purchased a mobile home from Indon Industries, Inc., doing business as Steel City Mobile Homes, Fayette, Alabama. A security interest ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause is before the Court for final judgment. The indictment initially alleged fifteen violations of federal law in connection with seven separate shipments of residual fuel oil introduced into the commerce of the United States. Counts two through eight of the indictment alleged that the defendant had introduced its residual fuel oil into United States ...
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MEMORANDUM The twelve named plaintiffs, female social workers (nine) and psychiatric nurses (three), are classified employees of the defendant public health authorities1 assigned to the Prince George’s County Directorate of Mental Health to provide primary psychotherapeutic health care to patients of the Directorate. They allege that the defendants violate Title VII, 42 U.S.C. § 2000e et seq.; th...
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MEMORANDUM AND ORDER This class action lawsuit was brought on April 4, 1975 by Joseph Queen and Cornelius Moultrie against Harbison-Walker Refractories (Baltimore plant), a division of Dresser Industries, Inc. (the company), and *259 the United Steelworkers of America, AFL-CIO and its Local 14601 (the union). Plaintiffs Queen and Moultrie, two black employees of the company, ...
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In this litigation, the plaintiff, City of Carter Lake, Iowa, has alleged that its liability insurance policy with the defendant, Aetna Casualty and Surety Company (here *48 inafter Aetna), a Connecticut corporation, covers the negligent actions of Carter Lake’s personnel which resulted in six separate incidents of sewage backup into the basement of a Carter Lake resident. Aetna ar...
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OPINION Plaintiff Ives Laboratories, Inc. (“Ives”), which manufactures and sells under the registered trademark “Cyclospasmol” a prescription drug of the generic name of “cyclandelate”, brought this suit against defendants under the Trademark Act of 1946, as amended, (known as the “Lanham Act”), 15 U.S.C. §§ 1051ff., for trademark infringement and false designation of the origin of, and f...
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*783 OPINION & ORDER This is an action brought by plaintiff Leasing Services Corporation to enforce its rights under an alleged assignment between plaintiff and defendant Rich Industrial Supply Corporation. Defendant has moved to dismiss the complaint on the grounds that service was legally insufficient and that, accordingly, this Court lacks personal jurisdiction over the defend...
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FINAL JUDGMENT AND DECREE This 2nd day of August, 1978, upon consideration of the submissions of counsel pursuant to this Court’s Order of May 1, 1978, it is ORDERED, ADJUDGED and DECREED that the following criteria are approved for use by officials of the State Correctional Institution at Graterford with respect to inmates in administrative segregation for security purposes in determining whether...
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MEMORANDUM AND ORDER After a protracted 85-day trial, this Court has finally reached the conclusion of the liability stage of this employment discrimination case. Plaintiffs, a class of production and maintenance (P & M) workers, are suing their employer, United States Steel (USS) and their unions (Union) for alleged violations of Title VII, 42 U.S.C. §§ 1981, 1985(3), and 2000e et ...
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MEMORANDUM AND ORDER THIS CAUSE comes before the court on defendant’s motion to reconsider. To the extent that this motion requests the court to reconsider its prior order the motion is granted. This litigation involves the accidental shooting of plaintiff, Sheffield Barkwell. In this action he and his wife seek recovery in tort based essentially upon theories of products liability. Defendant is ...
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MEMORANDUM AND ORDER Pursuant to the order of this court on February 9, 1978 this action for damages under 42 U.S.C. § 1983 and civil action number 78-K-44, a petition for writ of habeas corpus, were consolidated. At the time these two actions were filed, plaintiff was an inmate at the Colorado State Reformatory in Buena Vista, Colorado. Both actions arise out of the same set of facts surroundi...
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RULING ON MOTION FOR ATTORNEYS’ FEES The plaintiff, having entered into a stipulated judgment with the defendant Commissioner of the Connecticut Department of Social Services, now seeks an award of attorneys’ fees under the provisions of 42 U.S.C. § 1988. The defendant opposes such an award on the following grounds: (1) that the Eleventh Amendment bars an award of attorneys’ fees which wi...
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MEMORANDUM OPINION AND ORDER This case is before the Court on remand from the Supreme Court, Trainor v. Hernandez, 431 U.S. 434, 97 S.Ct. 1911, 52 L.Ed.2d 486 (1977), for further proceedings consistent with its opinion. The Supreme Court found that this Court wrongly refused to apply the principles of abstention enunciated in Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (197...
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MOTION FOR SUMMARY JUDGMENT The International Society for Krishna Consciousness (ISKCON) and an individual devotee Nico Kuyt have brought this action for declaratory and injunctive relief pursuant to 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201-02 alleging that Kenner Ordinance No. 764 and New Orleans Aviation Board Regulations 700.5-700.6 are unconstitutional. Plaintiff, ISKCON, is a religious group wh...
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This case is a consolidated civil rights action brought by the United States Attorney General [hereinafter “Government”] challenging the employment practices of the Buffalo Police Department and the Buffalo Fire Department. The suit against the Police Department was originally filed in August 1973. It was brought against the City of Buffalo, the Police Commissioner, the Commissioners of th...
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OPINION The Gibsons filed this action against the General Accident Fire and Life Insurance Corporation and the National Flood Insurers Association in the Court of Common Pleas of Lycoming County on June 9, 1977. The case was removed to this Court pursuant to 28 U.S.C. § 1441(b) and the Secretary of Housing and Urban Development was subsequently substituted as the Defendant. On April 21, 1...
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MEMORANDUM OPINION Defendant was convicted on June 8,1978, following a trial which commenced May 30, 1978, of violations of the Hobbs Act, 18 U.S.C. § 1951. The indictment charged the defendant in Count 1 with attempting to obtain the sums of $5,000 from Codan Corporation and Hardinger Transfer Company by wrongful use of fear and under color official right, he being a member of the Pennsylvania...
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MEMORANDUM AND ORDER These actions raise the issue whether the Secretary of Agriculture’s decision to reduce the authorized utilization of national forest lands under a grazing permit is “agency action [which] is committed to agency discretion by law.” 5 U.S.C. § 701(a)(2). Plaintiffs Tom and David Perkins are third generation members of a family which has been in the cattle business in Yavapai Co...
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MEMORANDUM FACTS Plaintiff, United States of America, filed a Complaint for Forfeiture of one 1967 Cessna Aircraft under the provisions of 19 U.S.C. § 1595&^) 1 and 21 U.S.C. § 881 2 providing for seizure and forfeiture. Stephen Daniel Fischer (herein Fischer) as claimant filed an Answer alleging ownership. He then filed this motion to dismiss for lack of admiss...
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MEMORANDUM OPINION According to the complaint filed herein, Col. Paul Emmett Towry, United States Army, retired, was “living temporarily” in Okinawa in 1972. On January 1, 1972, a military ambulance which was transporting Col. Towry to an Army hospital following a suspected heart attack, veered off the road and over a 65-foot cliff. ■ Based on injuries allegedly sustained, Col. Towry file...
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MEMORANDUM AND ORDER On November 18, 1977, Mattie Smith, by counsel, filed a complaint pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) seeking review of a final decision of the Secretary of Health, Education and Welfare denying her certain claimed disability benefits. Plaintiff, a 53 year old (Tr. 249)1 resident of Baltimore, started applying for various disability benefits in June, 1971 (Tr. 210-2...
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MEMORANDUM OPINION AND ORDER sitting by designation. These two consolidated cases were brought by white officers of the Detroit police department. They challenge the legality of Detroit’s affirmative action promotion program 1 by which equal numbers *381 of white and black police sergeants were promoted to the rank of lieutenant. Plaintiffs allege that they were better qualified than the ...
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MEMORANDUM This matter is before the Court on the motion of plaintiff for a temporary injunction. For the reasons stated below, plaintiff’s motion will be granted and an injunction issued. This cause was earlier tried to the court. Plaintiff sued defendant for losses it incurred in trading futures contracts in his behalf. Defendant counterclaimed for fraud. On May 8, 1978, the Court entered judgme...
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OPINION This case seeks to quiet title to the bed and banks of the Big Horn River. A corollary issue requires a determination of whether the State of Montana has the authority to regulate hunting and fishing within the exterior boundaries of the Crow Indian Reservation by non-Indian persons, since the Crow Tribe purportedly has an exclusive treaty right to reservation hunting and fishing. The fin...
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OPINION AND ORDER I. BACKGROUND This litigation consists of four actions pending in the following federal districts: the Northern District of Illinois, the Southern District of New York, the District of Colorado and the Eastern District of Tennessee. Each action involves an alleged conspiracy to increase the price of uranium and to divide portions of the world uranium market. Th...
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OPINION & ORDER On October 5, 1977 I signed an order in this reorganization proceeding under Chapter X of the Bankruptcy Act granting the Trustee’s application to approve and authorize a collective bargaining agreement entered into by and between the Rochester Button Company (“Rochester”), a subsidiary of the debtor which is also in Chapter X, and the Rochester Joint Board Amalgamated Clo...
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MEMORANDUM OPINION AND ORDER Seeking a declaratory judgment that it is not liable under an automobile liability policy, Dairyland Insurance Company, a Wisconsin corporation, having its principal place of business in that state, brought this action naming as defendants, Mike Collier, a resident of the State of Virginia, who is claiming liability coverage pursuant to a policy of insurance issued in ...
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I Albert Lindquist appeals from an October 19, 1977 decision of the Territorial Court whereby summary judgment was entered in favor of appellees Dolores Quinones and Frank Catanach. For the reasons set forth herein, the judgment of the Territorial Court in favor of Catanach will be affirmed, the judgment in favor of Quinones will be vacated, and this matter will be remanded for further proceedings...
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MEMORANDUM Plaintiff Beverly Enterprises (Beverly), in challenging the decision of an HEW hearing panel to hold it liable for alleged Medicare overpayments, seeks to enjoin the Secretary of HEW from suspending Medicare overpayments. Defendants request this Court to affirm the agency decision that plaintiff is liable, thereby permitting them to recover the alleged overpayments by suspendin...
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OPINION & ORDER Defendant Alfred P. Slaner, as Trustee in Reorganization of The Duplan Corporation (“Duplan”), has moved (i) for an order, pursuant to Rule 12(b)(6), F.R.Civ.P., Bankruptcy Rule 712(b) and Chapter X Rule 10-701, dismissing plaintiff’s second amended complaint (“complaint”), (ii) for judgment on the pleadings, pursuant to Rule 12(c), F.R.Civ.P., Bankruptcy Rule 712(b) and Chapter X...
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MEMORANDUM OPINION This case comes before the Court on cross-motions for summary judgment and concerns the efforts of the pro se plaintiff, an attorney, 1 to gain access under the Freedom of Information Act (FOIA), 5 U.S.C. § 552 (1976), to papers and investigative reports in the custody or control of the Department of Justice relating primarily to the assassination of Martin L...
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MEMORANDUM OPINION Plaintiff in this action filed October 21, 1976, sought the disclosure of documents by defendants pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq. Plaintiff made a general request in May 1975 for information pertaining to him in the possession of the Federal Bureau of Investigation (“FBI”). In September 1975, the agency released some documents and...
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MEMORANDUM Plaintiff Lightfoot alleges that defendant Prince George’s Community College (PGCC) violated the prohibition against racial discrimination in Title VII, 42 U.S.C. §§ 2000e et seq., by not hiring her in January — February, 1976 as Program Director for the Largo, Maryland Campus Student Center. Pending before the court is PGCC’s motion for summary judgment. No motion f...
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453 F. Supp. 881 (1978) John R. FISHER, Jr., Plaintiff, v. BOARD OF SELECTMEN OF the TOWN OF NANTUCKET et al., Defendants. Civ. A. No. 78-1234-C. United States District Court, D. Massachusetts. July 28, 1978. Arthur I. Reade, Jr., Boston, Mass., for plaintiff. Charles A. Goglia, Jr., Weston, Mass., for defendants. OPINION CAFFREY, Chief Judge. This is a complaint for declaratory judgment and inj...
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OPINION These civil actions brought under 42 U.S. C.A. § 1983 challenge the refusal of the Commonwealth of Massachusetts to fund abortions for Medicaid recipients except when necessary to prevent the death of the mother or in cases of forced rape or incest. Both declaratory and injunctive relief is sought. The matter is currently before the Court after a hearing on plaintiffs’ motions for...
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MEMORANDUM OPINION AND ORDER The due process era in jurisdiction, ushered in by International Shoe Co. v. Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945) and continued apace by decisions such as Shaffer v. Heitner, 433 U.S. 186, 97 S.Ct. 2569, 53 L.Ed.2d 683 (1977), has undoubtedly brought about a more equitable distribution of hardships arising when a loc...
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FINDINGS AND CONCLUSIONS This action was tried to the Court on June 29, 1978. The Government seized and seeks forfeiture, pursuant to § 511(a) of the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 881(a), of a Lincoln Mark V automobile, defendant in this in rem proceeding. That statute provides: “The following shall be subject to forfeiture to the United States and...
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OPINION Plaintiff seeks an injunction against the Defendant, Joseph C. Roy, Chief of Police of the City of Pawtucket, Rhode Island, commanding him to cease and desist from arresting the Plaintiff without warrant or lacking probable cause therefor, and to cease and desist from evicting him from his marital domicile without a warrant or lacking probable cause. The facts are as follows: On July 22, 1...
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MEMORANDA OPINIONS AND ORDERS The defendant Mr. Grindstaff moved the Court to dismiss the indictment herein on the ground that same was not returned until 13 to 14 months after the offenses charged therein are alleged to have occurred. The defendant, not having established that any such preindictment delay was in fact significantly prejudicial to him and that the government acted in bad faith in c...
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MEMORANDUM Plaintiffs, females, bring this action against their employer, Allied Chemical Corporation (“Allied”), and their collective bargaining agent, Teamsters Local Union No. 101 (“Union”), alleging discrimination on the basis of their sex. Plaintiffs contend that certain practices of defendant Allied constitute illegal sex discrimination under Title VII of the Civil Rights Act of 196...
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Pursuant to the decision of the Supreme Court in G. M. Leasing Corp. v. United States, 429 U.S. 338, 97 S.Ct. 619, 50 L.Ed.2d 530 (1977), the United States Government has moved the Court to issue an ex parte writ authorizing entry by an Internal Revenue Service (“IRS”) agent onto private residential premises of a citizen who is not the indebted taxpayer for the purpose of effecting levy upon pr...
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RULING ON OFFER OF PROOF This is an action for violation of Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2, and Section 17043 of the California Business and Professions Code, which prohibits sales below cost. Defendants are several commonly-owned and controlled companies engaged since before 1969 in shipwork, i. e., providing tugs to assist vessels on San Francisco Bay ...
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DECISION AND ORDER DENYING HABEAS CORPUS The petitioner filed a Petition for Writ of Habeas Corpus as a person in Federal Custody on February 27,1978, alleging that the United States Parole Commission had denied petitioner his rights guaranteed by 18 U.S.C. § 4214(b) in that his Parole Revoca *880 tion Hearing was not held “at or reasonably near the place of the alleged parol...
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MEMORANDUM OPINION, ORDER and JUDGMENT This is an action for forfeiture of a vehicle allegedly used “to facilitate the transportation, sale, receipt, possession, concealment, purchase, barter, exchange or giving away of a quantity of cocaine, a controlled substance within the meaning of 21 U.S.C. § 812 and 21 U.S.C. § 881(a)(1).” The case was tried to the court upon written stipulations o...
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ORDER GRANTING CLASS CERTIFICATION The only serious objection to certifying this case as a [23]b(2) class action on behalf of Navy women stems from the concern voiced by defendants that some female personnel may not share plaintiffs’ desire to remove the statutory bar of 10 U.S.C. § 6015 (1970) that prevents their being assigned to duties aboard Navy vessels. Defendants point is not well ...
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MEMORANDUM OF DECISION AND DECLARATORY JUDGMENT This declaratory judgment action is brought by the plaintiffs, the City of Fort Wayne, Indiana, and several of its individual police officers, to obtain a judicial determination of their rights under certain liability insurance policies provided by defendants, North River Insurance Company, American Home Assurance Company, and Maryland Casua...
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OPINION In his inimitable way, Chief Judge Brown of the Fifth Circuit, in a related but different context, has stated for me the essence of this case. He said in Wirth Ltd. v. S/S Acadia Forest, .537 F.2d 1272 at 1276 (5th Cir. 1976), reh. en banc den. 541 F.2d 281 (5th Cir. 1976): “Our principal task in this case is to determine what Congress would have thought...
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MEMORANDUM This is a civil action in which plaintiff seeks declaratory judgment pursuant to 28 U.S.C.A. § 2201. Jurisdiction of the Court is invoked on the basis of 28 U.S.C.A. § 1332. Plaintiff also seeks additional relief herein consisting of a temporary restraining order, preliminary and permanent injunctions. The case was filed at 10:43 A.M. on July 26, 1978 and heard on the application for a ...
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MEMORANDUM OF DECISION The action sub judice was filed November 21, 1974. Plaintiffs named as defendants a number of segregated private schools or academies (hereafter “academies”), located in the area of the State of Mississippi, where the Mississippi State Penitentiary (hereafter “Parehman”) is situated. The litigation has been terminated as to the academies. This memorandum of decision relat...
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TABLE OF CONTENTS Page Introduction 390 I. Facts 391 A. Prior Proceedings 391 B. Sentencing Hearing 391 C. Daniel Fatico 394 D. Judicial Notice — Organized Crime 395 II. Law 396 A. Sentencing 396 1. Critical Stage of Criminal Process 396 2. Presentence Report 396 3. Due Process Limitations on Sentencing 397 4. Protections Not...
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This action is brought by various environmental groups against five government of *121 ficials, in their official capacities, 1 seeking declaratory and injunctive relief in an effort to stop the construction and potential operation of the Richard B. Russell Dam and the continued operation of the Hartwell and Clark Hill Dams, all of which are located on the Savannah River which flows between S...
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REASONS FOR INJUNCTION; FINDINGS OF FACT AND CONCLUSIONS OF LAW Introduction The Court has determined that Greg Kite and his parents are entitled to a preliminary injunction pending trial on the merits against all of the defendants. The injunction will restrain the defendants from the enforcement, as to Greg Kite, of Article VIII Section 21 of the .Constitution and Contest Rules of the Un...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This is an action for injunctive and declaratory relief filed pursuant to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq., by the United States of America. The case is before the court on a motion of the plaintiff for preliminary injunction and on a motion of the defendants to dismiss this action pursuant to Rule 12(b)(6) of the Fed...
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MEMORANDUM OF OPINION This is a civil rights action for declaratory and injunctive relief brought pursuant to 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201-02 by three individual members of the Holy Spirit Association for the Unification of World Christianity (“Unification Church”). Plaintiffs seek to enjoin enforcement of the San Jose Charitable Solicitation Licensing Law (San Jose Municipal Code §§ ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action came on for trial on May 15, 16, 17 and 18, 1973, before this Court without a jury; Bernard B. Laven representing the Plaintiff, and the Defendant, United States of America, was represented by William D. Keller, United States Attorney, Charles Magnuson, Assistant United States Attorney, Chief, Tax Division, and Arthur M. Greenwald, Assistant Unit...
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MEMORANDUM OPINION This case is before the Court on defendants’ motion for summary judgment. The issue involved is whether a plaintiff, *288 convicted for shoplifting and subsequently fully and unconditionally pardoned, can be removed from service by the defendants for “conviction for a crime,” without defendants’ establishing a nexus between the plaintiff’s removal and the promotion of the e...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This consolidated civil action arises out of a collision which occurred on February 4, 1974, on the Mississippi River between Luling and Destrehan, when the lead barge in the tow of the M/V F. R. BIGELOW struck the starboard bow of the ferry GEORGE PRINCE. The ferry was owned and operated by the Louisiana State Department of Highways. The BIGELO...
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MEMORANDUM The Court has received a six-page letter from Mr. Visconti, the major thrust of which is a request to reduce the length of an eight-year sentence imposed on him for conspiring to make, and of making, an extortionate extension of credit, i. e., “loansharking,” in violation of 18 U.S.C.A. '§ 892(a). The letter also contains statements by Mr. Visconti which, construed favorably to h...
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OPINION This motion is brought by defendant Bank Leumi Trust Company of New York (“Bank Leumi”) for an order pursuant to Rule 12(b), Fed.R.Civ.P., dismissing the complaint as against Bank Leumi on the grounds that this court lacks subject matter jurisdiction and that the complaint fails to state a claim upon which relief can be granted. The complaint asserts subject matter jurisdiction by...
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OPINION AND ORDER Plaintiff, the Equal Employment Opportunity Commission, brings this action under Title VII of the Civil Rights Act of 1964, claiming that the defendant Picoma Industries, Inc., practices religious discrimination in violation of § 701(j) of the Act, 42 U.S.C. § 2000e(j), which makes it an unlawful employment practice for an employer to discriminate against an employee on ...
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OPINION This action under the Civil Rights Act of 1871 was instituted on September 21, 1976 by Robert G. Keown and his wife, Isabel S. Keown, against Robert Storti, a Plymouth Township police officer, and against Mr. and Mrs. James Evans, Plymouth Township residents who operate a residential painting business from their home. In sum, Robert Keown, a salesman for advertising services, cont...
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OPINION This “police brutality” case under the Civil Rights Acts of 1866 and 1871 was brought against the City of Philadelphia and two of its policemen on November 18, 1975. 1 The plaintiff contended that he was subjected to racially motivated beatings and unlawful arrest. See 429 F.Supp. 865, 866-67 (E.D.Pa.1977); 441 F.Supp. 184, 185-87 (E.D.Pa.1977). After a three...
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OPINION This is a diversity action in accord with 28 U.S.C. § 1332 brought by Plaintiff, Associates Capital Services Corp., against Defendant, Ronald L. Riccardi, for a deficiency judgment under the provisions of R.I. Gen. Laws § 6A-9-504 (Rhode Island counterpart to U.C.C. § 9-504). Defendant, in 1972, entered into two (2) separate agreements for the lease-purchase of certain specia...
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MEMORANDUM This action is brought by the plaintiffs 1 under § 303 of the Labor Management Relations Act of 1947 (“the Act”), 29 U.S.C. § 187, for damages allegedly caused by the defendant’s illegal secondary boycott. Plaintiffs also seek to join claims arising solely under state law to their federal claim. For reasons which appear below, the Court *91declines to exercise its pendent jurisdiction ...
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OPINION AND ORDER This is an action brought pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. (hereinafter Title VII). Jurisdiction is based on 28 U.S.C. § 1343(4), 42 U.S.C. § 2000e-5(f)(3). Plaintiffs, Saundra Lee and Louis A. Fant, sue on their own behalf and on behalf of all other persons similarly situated for injunctive relief, ...
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MEMORANDUM OF DECISION This action seeks injunctive and declaratory relief, on constitutional grounds under 42 U.S.C. § 1983, against certain practices and conditions of confinement at the Los Angeles County Central Jail (the “jail”). The court previously has established the plaintiff class as consisting of all prisoners in the jail since December 31, 1975. The court found that the class is so ...
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MEMORANDUM These diversity actions arise out of the 1976 crash of an Indian Airlines Corporation airplane in the Republic of India. Two of the defendants in C.A. No. 77 — 1740— Rolls-Royce Ltd. 1 (hereinafter “Rolls-Royce”) and Indian Airlines Corporation— have moved to dismiss the complaint for lack of personal jurisdiction pursuant to Rule 12(b)(2) of the Federal Rules of Civ...
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The Government seeks to strip defendant of his American citizenship granted in 1970. Basically the Government charges that defendant lied on his application for a visa in 1949, particularly in not disclosing he served as a guard at the death camp at Treblinka during World War II. Further, the Government charges he participated in atrocities at Treblinka, precluding him from having the good mora...
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MEMORANDUM AND ORDER This is a pro se civil rights action filed by an inmate of the United States Penitentiary, Leavenworth, Kansas. Plaintiff contends that the named defendants, the physician and the psychiatrist at the penitentiary, have caused medication to be administered to him against his will and in violation of his first amendment rights. Summons issued, and the matter is presently ...
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MEMORANDUM AND ORDER This matter is before the Court for consideration of plaintiff’s motion for a new trial on the issue of damages only or, in the alternative, for a new trial on all issues. Plaintiff Gordon Besse brought suit against Burlington Northern, Inc., to recover damages allegedly sustained as a result of defendant’s negligence and defendant’s violation of the Federal Safety Appliance ...
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MEMORANDUM This matter is before the Court on the motions to dismiss and the motions for summary judgment by various defendants. For the reasons stated below, the motions will be sustained. This is a suit for injunctive and declaratory relief as well as damages under 42 U.S.C. § 1983. Plaintiff alleges that after he was arrested by St. Louis Police on April 21, 1978, his automobile was confiscated...
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OPINION Plaintiff moves for certification of this suit as a class action. Rule 23(c), Fed.R. Civ.P. Defendants cross-move (1) to dismiss the complaint against Ralph I. Dorfman, George Rosenkranz and Richard Rogers for insufficiency of process, Rule 12(b)(4), Fed.R.Civ.P., and against all defendants for insufficiency of the complaint, Rule 12(b)(6), Fed.R.Civ.P., or, alternatively, (2) to ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW INTRODUCTION This is an action by the Trustee in Bankruptcy for World Academy and World Academy for Foreign Study (World) against the First National Bank of Cincinnati to recover certain payments made between March 13, 1970 and July 1, 1970, as voidable preferences within the meaning of § 60(a) and (b) of the Bankruptcy Act, 11 U.S.C. § 96. In our prior Opin...
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ORDER ON DEFENDANTS’ MOTION TO DISMISS This action is before the court on defendants’ motion to dismiss the complaint for lack of jurisdiction. A brief has been filed in support of the motion and plaintiff has submitted a brief opposing the motion. Plaintiff commenced this wrongful death action on February 16, 1977 in the United States District Court for the Central District of California. Th...
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ORDER Defendants E. B. and Lela Johns as the owners of Tract 717 and Defendant Wayne Edwin Burnaugh as the owner of Tract 722 have each objected at a hearing conducted herein to the taking of a part of their said tracts by the Plaintiff, the United States of America. The tract of Defendants Johns consists of 320 acres and the tract of Defendant Burnaugh consists of 160 acres. Defendants Johns do ...
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MEMORANDUM On June 6,1978, in this district court, the plaintiff National Leasing Corporation filed a Complaint in Confession of Judgment against the defendant, B. A. Williams, II. In its complaint plaintiff alleged diversity of citizenship, i. e., that plaintiff is a corporate citizen of Pennsylvania with its principal place of business in Pennsylvania, and that the defendant resides in Texas.1 T...
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ORDER The defendant Mr. Jesse Orion Prince filed herein an application for the writ of error coram nobis. “ * * * Writs of error coram nobis * * * are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these [Federal] [R]ules [of Civil Procedure] or by an independent action.” Rule 60 Federal Rules of Civil Procedure. However, they remain ava...
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MEMORANDUM OPINION This is a case of first impression. It was brought by taxpayers Louis and Millie Kocurek to compel the refund of a part of the income taxes which they were required to pay for the taxable years 1973 and 1974. The case is before this Court on cross-motions for summary judgment, and involves an interpretation of the provisions of the Internal Revenue Code. 1 Th...
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452 F.Supp. 1127 (1978) Edell PLUMMER, Hayward Rose, Josef J. Eggleston, Ivor Taylor, and Alberto Viera, Individually and on behalf of all others similarly situated, Plaintiffs, v. CHICAGO JOURNEYMAN PLUMBERS' LOCAL UNION NO. 130, U. A., Plumbing Contractors Association of Chicago and Cook County, and the Joint Apprenticeship Committee, Local No. 130, U.S.A., Defendants. No. 77 C 1726. United Sta...
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MEMORANDUM AND ORDER These six civil rights actions, filed by prisoners incarcerated in the Maryland *268 House of Correction (MHC), arise from the institution’s response to a work stoppage, or strike, conducted by inmates at the MHC in late October 1977. Because all complaints raise similar claims in whole or in part, they will be considered together. Individual issues will be treated separa...
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MEMORANDUM This matter is before the Court on the motion of defendant for summary judgment and to strike plaintiff’s jury demand. For the reasons stated below, both motions will be sustained. This is an employment discrimination case. Plaintiff alleges that he was employed by defendant Evangelical Retirement Homes of Greater St. Louis, d/b/a Friendship Village, from August 1, 1975, to June 4, 1976...
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MEMORANDUM AND ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This is an action to recover penalties and interest in the sum of $15,846.73 which defendant assessed and collected from the estate of James G. Lusk. This amount was collected because the estate tax return was not filed on time. The case pends on cross-motions for summ...
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OPINION This three-judge court was convened, pursuant to 28 U.S.C. § 2284, 1 at the di *637 rection of the United States Court of Appeals for the Second Circuit, to hear a constitutional challenge to two complementary statutes which afford certain benefits to United States citizens while denying the same benefits to permanent resident aliens. The statutes, 42 U.S.C. § 411(c)(2)(C) and 26 U....
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MEMORANDUM OPINION AND ORDER Plaintiffs Lucille Hardy Price (“Mrs. Price”), Ida K. Laurel (“Mrs. Laurel”) and Larry Harmon Pictures Corporation (“Harmon”) commenced this action for injunctive relief and damages against defendants Worldvision Enterprises, Inc. (“Worldvision”) and Mermac Productions, Ltd. (“Mermac”). Mrs. Price and Mrs. Laurel are the widows and beneficiaries, respectively,...
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DECISION In this diversity action, plaintiff asserted claims of false arrest, malicious prosecution and defamation against defendant Supermarket General Corp., after an employee of the defendant had detained plaintiff for alleged shoplifting, and then filed against him a criminal complaint which was ultimately dismissed following an adjournment in contemplation of dismissal (ACOD) pursuant to N...
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453 F.Supp. 1338 (1978) William MELE and Marie Mele v. ALL-STAR INSURANCE CORPORATION et al. Civ. A. No. 76-2637. United States District Court, E. D. Pennsylvania. July 24, 1978. *1339 Thomas B. Rutter, Philadelphia, Pa., for plaintiffs. Harry P. Begier, Jr., Philadelphia, Pa., for defendants. MEMORANDUM JOSEPH S. LORD, III, Chief Judge. After a jury returned a verdict for defendants, plaintiffs...
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MEMORANDUM The plaintiff, Alvin Hersh, instituted this suit against the Department of the Navy, the Civil Service Commission, and several employees of the Navy, alleging that they discriminated against him when they failed to promote him, in violation of 42 U.S.C. §§ 1981, 1985(3), and the First, Fourth and Fifth Amendments to the United States Constitution. Presently before the Court are the plai...
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MEMORANDUM ORDER The Presidio Bridge Company (“the Company”) has owned and operated the only toll bridge spanning the Rio Grande River between Presidio, Texas, and Ojinaga, Mexico, for fifty years. On July 26, 1976, the State Department issued a permit to Presidio County, Texas, allowing the county to construct a second bridge between Presidio and Ojinaga. Shortly thereafter, the Company ...
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453 F. Supp. 1342 (1978) Jesse C. HILL, Plaintiff, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant. Civ. A. No. CA78-0386-R. United States District Court, E. D. Virginia, Richmond Division. July 24, 1978. *1343 Walter H. Emroch, Richmond, Va., for plaintiff. G. Kenneth Miller, May, Miller & Parsons, Richmond, Va., for defendant. MEMORANDUM MERHIGE, District Judge. Plaintiff, Jesse C. Hill, a ...
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MEMORANDUM I On 23 December 1976 the United States brought suit in this Court against the Commonwealth of Virginia and the Superintendent of the Virginia State Police 1 to enforce the provisions of Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. § 2000e et seq. and of § 518(c)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 as amende...
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The history of the pleadings and claims of the plaintiff, widow of the deceased seaman, first assistant engineer of the Mobil Chicago, is as follows. The plaintiff sued Mobil Oil Corporation, owner of Mobil Chicago, pursuant to the Jones Act and in admiralty. Mobil then impleaded the dock, Perth Amboy Dock Co., asserting admiralty jurisdiction based upon a maritime contract. Perth then implea...
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DECISION AND ORDER This matter arises from plaintiff’s “Motion To Alter or Vacate Judgment” and came on regularly for hearing on July 17, 1978. Plaintiff’s counsel submitted the matter on the pleadings; defendants’ counsel appeared but did not orally argue the matter. After considering the motion, the parties’ respective points and authorities, all other pleadings on file in this case, and all ap...
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MEMORANDUM AND ORDER Plaintiff, a graduate of the Potomac School of Law, filed this action to compel his admission to the District of Columbia Bar notwithstanding Rule 46 1(b)(3) of the Rules of the District of Columbia Court of Appeals which requires graduation from a law school accredited by the American Bar Association. In his motion for a preliminary injunction, filed July 19, 1978, he requ...
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453 F. Supp. 1327 (1978) Jerry R. JOHNSON and Judith J. Johnson, Plaintiffs, v. HOUSEHOLD FINANCE CORPORATION, Defendant. No. 78-1040. United States District Court, S. D. Illinois, N. D. July 21, 1978. *1328 DeWayne Morrison, Galesburg, Ill., for plaintiffs. Harry C. Bulkeley, Galesburg, Ill., for defendant. DECISION AND ORDER ROBERT D. MORGAN, Chief Judge. The initial issue which the court must...
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By an amended complaint filed August 15, 1977, plaintiff Wm. T. Burnett & Company, Inc. (Burnett) seeks to recover damages from defendant, The General Tire & Rubber Company (General) for loss of patent rights attributable to defendant’s fraudulent conduct in patent procurement. The parties were involved in lengthy interference proceedings before the United States Patent Office from 1962 until 1966...
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OPINION Several motions brought by plaintiffs are before the Court. The nature of this litigation and its factual context are in general adequately set forth in Mortensen v. First Federal Sav. & Loan Ass’n, 549 F.2d 884 (3d Cir. 1977), and in the decisions of this Court dated August 20, 1975, and November 3, 1977. Additional procedural developments and facts will be mentioned in the discussion of...
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454 F.Supp. 787 (1978) Jack N. BERKMAN and Myles P. Berkman, Plaintiffs, v. RUST CRAFT GREETING CARDS, INC., Robert Goldhammer, Marshall L. Berkman, John Young and Robert A. Paul, Defendants. No. 78 Civ. 2931 (LFM). United States District Court, S. D. New York. July 21, 1978. *788 *789 Donovan, Leisure, Newton & Irvine by Roger W. Kapp, J. Peter Coll, Jr., Margaret A. Bancroft, John E. Linvil...
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MEMORANDUM AND ORDER This is an action brought to enjoin defendants from enforcing a “mail stop” order issued following an administrative determination that plaintiff was engaged in conducting a scheme or device for obtaining money or property through the mails by means of false representations, in violation *1181of 39 U.S.C. § 3005(a). Plaintiff now moves for summary judgment in its favor, pursu...
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*983 MEMORANDUM OF DECISION AND ORDER This action to review a denial of Social Security disability insurance benefits to plaintiff was initially referred to a United States Magistrate to review the administrative record, hear the contentions of the parties and report to the Court his recommended disposition of their respective motions for judgment on the pleadings. That has been done and the ...
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MEMORANDUM This action was commenced by Xedit Corporation against Harvel Industries Corp., Fidelipac, 1 a division of Harvel, and David McCloskey, general manager of Fidelipac, for unlawful misappropriation of trade secrets and unjust enrichment. Defendants have moved to dismiss on the ground that the court lacks personal jurisdiction over them. I. Xedit is a New York...
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MEMORANDUM AND ORDER This is an action instituted by the plaintiff, The American Ship Building Company (AmShip), against the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers of America (AFL-CIO), Local Union No. 358, and individual officers and members thereof (hereinafter collectively the Union) pursuant to § 301 of the Labor Management Rela...
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OPINION The question presented in this case is whether defendants’ refusal to afford an oral, evidentiary hearing to plaintiffs claiming certain benefits under the National Housing Act (Act) amounts to a due process violation under the Fifth Amendment. Although I conclude that plaintiffs have a property interest in these benefits so that due process protections apply, I also find that the...
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ORDER ON DEFENDANTS’ MOTION TO DISMISS AND/OR STRIKE This is an action for declaratory, injunctive relief and back pay award on behalf of plaintiff, a black male Assistant Principal, who was allegedly denied promotion to the position of Principal in Richland School District 2. Plaintiff contends the denial of promotion was discriminatory in nature because of his race. He seeks relief unde...
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*275 MEMORANDUM OPINION AND ORDER This is one of several actions pending in this Court, emanating from the respective efforts of the plaintiff MLZ, Inc. (MLZ) and the defendant Fourco Glass Company (Fourco) to acquire a controlling interest in the defendant ASG Industries, Inc. (ASG) through the purchase of shares of its common stock. The Court’s jurisdiction was invoked under th...
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MEMORANDUM Plaintiff, Rosella Wooldridge, who alleges that she is a black female ordained rabbi and a resident of Henrico County, Virginia, brings this complaint to challenge the constitutionality of certain actions taken by the Department of Public Welfare of the City of Richmond, hereinafter referred to as “Welfare Department”, and its employees while evaluating her suitability to adopt...
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MEMORANDUM OF DECISION AND ORDER This is an action for personal injuries sustained by plaintiff William Murphy on December 4, 1973 on board defendant’s vessel, the M/V RAVI, which was upon the navigable waterways of the United States. Plaintiff filed this action in state court, alleging defendant was negligent under the provisions of the Longshoremen’s and Harbor Worker’s Compensation Act (Amended...
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DECISION AND ORDER This matter arises upon plaintiff’s “Motion to Amend and Supplement Complaint” and came on regularly for hearing on July 17, 1978. After considering this motion, all other pleadings filed in this case, including a “Stipulation Re Nonopposition To Plaintiff’s Motion For Leave To File Second Amended Complaint,” and all relevant principles of law, the Court, for the reasons specif...
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MEMORANDUM I. Background. This suit is brought under the Federal Election Campaign Act of 1971, as amended, 2 U.S.C. §§ 431-455 (1976). Plaintiff, the Federal Election Commission (FEC), is charged with the responsibility of enforcing the Act. 1 Pursuant to that responsibility, it contends that defendant National Education Association (NEA) and seventeen ...
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ORDER This is a class action alleging discriminatory and deceptive practices in the sale of credit property insurance. The second amended complaint consists of two counts, each naming as defendants United Fire Insurance Company (United) and Aronson Furniture Company (Aronson). United is engaged in the business of credit property insurance. Its method of operation, at least in part, is to enter in...
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*51 ORDER On August 1, 1977 the defendants, County of Lake et al. (hereinafter referred to as defendants) filed a motion for summary judgment. On October 4, 1977 the plaintiffs, Terry Noe et al. (hereinafter referred to as plaintiffs) filed a cross-motion for summary judgment. After a careful review of the record, defendants’ motion for summary judgment must be and is therefore GRANTED. S...
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MEMORANDUM In this diversity action tried to the Court, plaintiff seeks to recover a portion of a deficiency remaining due after a foreclosure sale. Defendants have counterclaimed for moneys allegedly owing to them. On December 15, 1964, plaintiff conveyed to Frontenac Realty Corporation certain real estate in the City of St. Louis known as the Frontenac Apartments in exchange for a promissory not...
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Memorandum Opinion and Order. This is an action under the court’s diversity jurisdiction, 28 U.S.C. § 1332, 1 2in which a terminal operator sues a carrier for nonpayment of certain charges called “gate charges”. The carrier has moved that this action be dismissed or stayed pending the submission of the issues to the Federal Maritime Commission. The motion is denied since th...
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MEMORANDUM OPINION The plaintiff in this action is the New York Civil Liberties Union, Inc. (NY-CLU), a New York corporation and affiliate of the American Civil Liberties Union (ACLU). The defendants are the Commissioners of the New York State Board of Election — sued both in their individual and *78 official capacities. The essence of the Amended Complaint is the NYCLU’s claim that its membe...
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OPINION FINDINGS OF FACT AND CONCLUSIONS OF LAW This trademark infringement action involves variations on the name “Upmann” as a mark used in the sale of cigars. 1 Plaintiff, owner of the mark “H. Upmann,” seeks declaratory and injunctive relief under the Lanham Act 2 and the common law: (a) cancelling defendant’s federal registration of the marks “Carl Upmann” and “...
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AGREEMENT AND ORDER WHEREAS, the plaintiff class consists of all persons who are incarcerated in Marion Correctional Institution at the present time or in the future; and WHEREAS, Defendant E. P. Perini (hereinafter referred to as the Superintendent) is Superintendent of the Marion Correctional Institution, Ohio Department of Rehabilitation and Correction; and WHEREAS, Defendant...
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OPINION This matter involves a dispute over whether the discharge of two employees of the Defendant, members of General Teamsters, Chauffers & Helpers, Local Union No. 249 (Union), were subject to binding arbitration under the terms of the labor contract. The specific dispute involved the discharge of Angelo Graziano and Gilbert Recker. The Defendant discharged them both as unsatisfactory probati...
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MEMORANDUM AND ORDER INTRODUCTION On October 29, 1976, Continental Group, Inc. (“Continental”), American Bag & Paper Corporation (“American”), Chase Bag Company (“Chase”), Harley Corporation (“Harley”), St. Regis Paper Company (“St. Regis”), James K. Cooper (“Cooper”), David Mawicke (“Mawicke”), Peter J. Weggeman (“Weggeman”), Stanley A. Schottland (“Schottland”), Harrison B. Rue...
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OPINION and JUDGMENT Petitioner, Lloyd P. Kibert, is once again before the court seeking a writ of habeas corpus. The current petition was filed on October 23, 1975 and constitutes the latest in a prolonged series of attempts by petitioner to overturn his convictions for two counts of first degree murder. The history of these various attempts is complex but must nevertheless serve as a logical int...
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DECISION and ORDER The defendants have filed various motions to dismiss and a motion to strike a portion of the pleadings. I have determined on the present record that all but one of these motions should be denied. The plaintiff corporation provides first trimester abortions and other maternal care in the Town of Grand Chute. The defendants are the members of the town board and the town board...
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ORDER DENYING MOTION TO DISMISS Plaintiffs are partners in a retail business who have been refused the rental of store space in a shopping center. They allege that defendant First National Bank of Chicago (bank) and others have violated the antitrust laws of the United States and bring this action pursuant to Title 15, United States Code, Section 15. Defendant bank moves to dismiss for im...
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MEMORANDUM OPINION Plaintiff, an independent candidate for the office of United States Senator, chai *66 lenges as unconstitutional that portion of Ark.Stat.Ann. § 3-105(c) (Supp.1977) which establishes the deadline for the filing of nominating petitions by independent candidates seeking statewide office. This action is before the court on plaintiffs complaint and upon his mo...
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OPINION This case is a class action challenge to the accelerated procedures utilized by the Equal Employment Opportunity Commission (EEOC) for the processing of discrimination charges during the Transitional Quarter (TQ) project. During the duration of the TQ project, from August 16, 1976 to September 30,1976, the Accelerated Procedures Memorandum of August 10, 1976 in effect modified the...
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MEMORANDUM Plaintiffs James R. MacRae, Jesse Hamilton, and Bruce Carter, three black journeymen employed in the Composing Division of *972 the Government Printing Office (GPO), bring this action under Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972,42 U.S.C. § 2000e-16, against the Public Printer. Plaintiffs assert individ...
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453 F. Supp. 874 (1978) Michael Kenneth HOUSLER, Petitioner, v. William R. NELSON, Warden, Federal Correctional Institution, Danbury, Connecticut, and Cecil B. McCall, Chairman, United States Parole Commission, Respondents. Civ. No. B-78-258. United States District Court, D. Connecticut. July 19, 1978. *875 Judith P. Resnik, New Haven, Conn., for petitioner. Richard Blumenthal, U. S. Atty. and Hu...
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OPINION The plaintiff, Bessie M. Lewis, instituted this action 1 to vindicate her federal constitutional rights which she claims were violated by the defendants when they refused to renew her contract of employment on July 1, 1978 as Director of Residence Halls For Women (“Director”) at Delaware State College because she bore a child out of wedlock. 2 The matter is p...
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OPINION This case involves a question of insurance coverage under a policy of .marine insurance. On February 9,1973 Milton B. Bourne, an offshore crane operator, sustained serious physical injuries aboard the M/V STONES RIVER while being transported from a rig in the Gulf of Mexico to the Louisiana coast. In June of 1974 Bourne brought suit against Offshore Logistics Services, Inc. (...
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MEMORANDUM RULING Defendant Louis Neal Grant farms a large tract of land in Catahoula Parish leased from Louisiana Delta Plantation (Delta), a joint venture between defendants Morrison Grain Company, Inc. and Morrison-Quirk Grain Corporation. While running errands related to his farming operation in June 1976, Grant’s pickup truck collided with an oncoming car. Plaintiffs represent the oc...
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MEMORANDUM Pending before the court are the default of defendant Caroline Nursing Home (Paper 13-15), the renewed motion of defendant Secretary of the Maryland Department of Health and Mental Hygiene to dismiss on grounds of mootness (Paper 35), the motions of plaintiffs Mr. and Mrs. Rickards to certify them as representatives of a plaintiff class (Paper 9) and to send notice of this action to abs...
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453 F. Supp. 856 (1978) William BUNDY et al. v. Joseph CANNON et al. Civ. Nos. T-70-486, T-70-1363. United States District Court, D. Maryland. July 19, 1978. *857 Michael A. Millemann, Baltimore, Md., for plaintiffs. H. Edgar Lentz and Henry J. Frankel, Asst. Attys. Gen., Baltimore, Md., for defendants. THOMSEN, Senior District Judge. In Bundy, et al. v. Cannon, et al., 328 F. Supp. 165 (D.Md.197...
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MEMORANDUM OPINION In this Mississippi-based diversity action filed December 23, 1976, Grenada Ready-Mix, Inc. (Grenada), plaintiff, brought suit against Guaranty Mortgage Company of Nashville (Guaranty), Randall Travis, individually and as trustee (Travis), Hart-Free-land-Roberts, Inc. (architect-engineers), Charlie Watkins (Watkins), and Sevenprop Associates (Sevenprop). The complaint c...
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MEMORANDUM OF DECISION The action sub judice has been submitted on defendant’s motion for summary judgment. The court has considered the motion, pleadings, affidavits in support thereof, memoranda of the parties and has reached the conclusion that the motion is well taken and should be sustained. Defendant pleads the bar of the Mississippi 1-year Statute of Limitation, Miss. Code Ann. § 15-1-...
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*225MEMORANDUM Jerry D. Mee, a lawyer, seeks to have his name placed upon the list of attorneys that receive criminal appointments in the United States District Court for the Western District of Missouri. Defendants are the judges, magistrate judges, and the clerk of that court. They have moved for summary judgment. The affidavits filed are in substantial agreement and the following facts are take...
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OPINION This suit in admiralty was brought by plaintiff Paul Marsh, Inc. against the vessel which carried its cargo, the S.S. JOHANN BLUMENTHAL, her owner, Johann K. Blumenthal Reederei, the shipper, KG Panatlantic GmbH & Co., and the vessel’s charterer, Cargo Lines, Ltd. The cargo in question consisted of 63 cartons of hog bristles which was shipped from Hamburg, West Germany via Antwerp...
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OPINION Defendant moves to vacate a stay contained in an order to show cause, dated June 6, 1978, bringing on plaintiff’s motion, returnable on June 9, 1978, for an order pursuant to Rule B(l) of the Supplementary Rules for Certain Admiralty and Maritime Claims (“Rule B(l)”) attaching defendant’s assets in the possession of two New York banks. Plaintiff, a foreign corporation, is the...
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MEMORANDUM The court by this Memorandum determines matters raised by two motions before the court in this civil antitrust action brought by the United States of America against International Business Machines Corporation (IBM). Memorex Corporation moves the court for an order: (i) granting Memorex’s motion for reargument and rehearing of this Court’s April 15, 1977 Order requiring Memorex to prod...
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MEMORANDUM OPINION On November 28, 1972 a DC-8-62 commercial airliner manufactured by the McDonnell Douglas Corporation (MDC) and owned and operated by Japan Air Lines Co., Ltd., (JAL) crashed shortly after takeoff from Sheremetievo Airport located in Moscow, U.S.S.R. As a result of the crash fifty two passengers were killed and others were injured, and the aircraft was totally destroyed....
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MEMORANDUM Plaintiff moves to reopen discovery, for specific orders in connection therewith, to vacate a stipulation entered into by the parties on February 16, 1978, and for sanctions against defendants Allen & Company, Inc. and Allen & Company (the “Allen defendants”). At the pre-trial conference of May 26, 1978 the parties vacated the stipulation on the record and the court indicated that a mo...
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OPINION A longshoreman brings this action against the owner of a vessel pursuant to § 5(b) of the Longshoremen’s and Harbor Workers’ Compensation Act of 1927, as amended in 1972 (“LHWCA”), 33 U.S.C. § 905(b), alleging that he was injured as a result of defendant’s negligence while he was in the employ of a stevedoring company aboard defendant’s vessel. Defendant has moved for summary judg...
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OPINION AND ORDER I. Preliminary Statement This case raises the question whether the United States Postal Service may, without notice, hearing, or prior submission to the Postal Rate Commission, conduct limited and temporary experiments in which proposed new mail classifications, offered at heretofore unavailable rates, are tested in the marketplace or, conversely, whether th...
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DECISION AND ORDER In this action the petitioner has filed with the court a request for issuance of a writ of habeas corpus. The petitioner presently is incarcerated in a state prison and is serving sentences for conviction on August 26,1975, in the Circuit Court for Milwaukee County, State of Wisconsin, of armed robbery and attempted murder. Leave to proceed in forma pauperis was granted by th...
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DECISION AND ORDER This is an action for compensatory and punitive damages arising out of the alleged breach by the defendant H. C. Johnson Agencies, Inc. (“Johnson”) of its contract with the plaintiff Gentron Corporation (“Gentron”), pursuant to which Johnson was to act as the exclusive selling agent for Gentron in a certain territory. The matter is presently before the court on plaintiff’s motio...
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MEMORANDUM AND ORDER Before the Court is a motion by the plaintiff, Wisconsin Electric Power Company (hereinafter “WEPCO”), to amend the judgment and findings of fact and conclusions of law issued by the court after a bench trial of the plaintiff’s claims. In a Decision and Order reported at 443 F.Supp. 946 (E.D.Wis.1978) the Court found for the defendant, Zallea Brothers, Inc. (hereinafter “Zalle...
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DECISION AND ORDER Wilbur Eugene Davis has petitioned the Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. He is presently in the custody of the respondent warden serving a term of life imprisonment imposed upon him on October 2, 1973, by the Circuit Court of Milwaukee County, the Honorable Jerold E. Murphy presiding, following conviction *1317 of the petitioner for the crime o...
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DECISION AND ORDER Before the court in this pregnancy-related sex discrimination case are the plaintiffs’ and the defendants’ cross motions for summary judgment in which the validity of a particular provision of a governing collective bargaining agreement is contested. The action is brought pursuant to the Fourteenth Amendment of the United States Constitution; Title VII of the Civil Rights Act...
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DECISION AND ORDER In this civil rights action, plaintiffs seek declaratory and injunctive relief under 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201-2202. Jurisdiction of this court is founded on 28 U.S.C. § 1331 (federal question) and § 1343(3) (civil rights). The plaintiffs, International Society for Krishna Consciousness, Inc. (hereinafter “ISKCON”) and Gopa Bhatta (also known as Gregory K. Stein)...
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MEMORANDUM OPINION This civil rights action challenges,- as violating the Constitution’s equal protection guarantee, two recently-enacted statutory provisions that limit the means available to the federal government under Title VI of the Civil Rights Act of 1964, Pub.L.No.88-352, 78 Stat. 252, 42 U.S.C. § 2000d to d-6 (.1970), to check racial discrimination in federally-supported schools....
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MEMORANDUM Plaintiffs request declaratory and injunc-tive relief against defendants for alleged violations of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. § 4321 et seq. Specifically, they seek to enjoin defendants from further consideration of an application for approval of a plan for construction of an access structure immediately opposite Daingerfield Isla...
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DECISION AND ORDER Petitioner seeks the issuance of a writ of habeas corpus under the provisions of 28 U.S.C. § 2254. He presently is a prisoner in federal custody at the Federal Correctional Institution, El Reno, Oklahoma. 1 At the expiration of his federal sentence, petitioner is subject to the custody of the State of Illinois, to serve concurrent sentences on two state court convictions....
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OPINION Plaintiff, Claude Paschall, commenced this civil rights action against the County of Ulster (“County”), and the individual defendants, Thomas Mayone, Bruce Quick and Sigmund Brock, alleging that these defendants violated plaintiff’s rights under selected sections of the federal Civil Rights Act. 42 U.S.C. §§ 1981, 1983, 1985, 1986. 1 Defendants now move to dismiss the co...
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Plaintiff, by a motion for summary judgment pursuant to Fed.R.Civ.P. 56, seeks judicial review of the Immigration and Naturalization Service’s (INS) denial of his application for conditional refugee status. The government cross-moves for summary judgment and dismissal of the action. Plaintiff, a native of the People’s Republic of China, entered the United States from Hong Kong in January 1973 o...
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MEMORANDUM OPINION This matter came on for hearing before the Court on May 26,1978, upon motions by plaintiff and defendant Forsyth Bank for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure. The plaintiff asserts that she is entitled to a judgment as a matter of law, and defendant Bank, in addition to opposing her motion, moves for summary judgment in its own favor. ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW. This is an action under 42 U.S.C. 2000e, et seq. The plaintiff Leonard Chenault is a Black male. He was employed by the defendant The Western and Southern Life Insurance Company in Cincinnati from September 16, 1974 until June 2, 1975. He was discharged on the latter date. Shortly thereafter he filed a race discrimination charge with the Ohio Civil Rights C...
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ORDER This is a pro se action brought by Plaintiffs for a refund of all federal income taxes paid by them during the years 1969 through 1976. Pursuant to Rule 12, Federal Rules of Civil Procedure, Defendant has filed herein a Motion to Dismiss Plaintiffs’ Complaint with prejudice on the grounds that the Court’s decision in Southard v. Commissioner, No. CIV-77-0652-D (hereinafter 77-0652-D), dismis...
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MEMORANDUM Defendant, William Reilly, was found guilty by a jury on a two-count indictment charging him with attempted extortion and extortion in violation of the Hobbs Act, 18 U.S.C. § 1951. 1 Defendant has filed a motion renewing his motion for judgment of acquittal which he made at the time of trial. In the alternative, he has moved for arrest of judgment or for a new trial....
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MEMORANDUM AND ORDER Defendants Robert Baer Cohen (“Cohen”) and Reynold Yannessa (“Yannessa”) were charged in a 20-count indictment with viola *845 tions of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961 et seep, and a series of other crimes which formed the pattern of racketeering activity upon which the RICO charges were based. 1 On March 23, 1978, after...
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MEMORANDUM AND ORDER Plaintiff Janet L. Brown (“Brown”) brought this suit 1 to redress the alleged retaliatory treatment experienced in her employment as a mailhandler with the United States Postal Service (“Postal Service”), in violation of § 717(a) of the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 2000e-16(a), amending Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000...
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OPINION RENDERED FROM THE BENCH In many respects this is an unusual case. The contract was alleged to have been breached in 1973, but suit was not instituted until April 12, 1978, or more than five years after the alleged breach. One of the theories of plaintiff is that the contract is ambiguous and therefore it should be construed against the defendant since defendant drafted the instrument. The ...
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MEMORANDUM Associated Dry Goods Corporation (“Associated”), plaintiff herein, brings this action to challenge certain practices of defendant Equal Employment Opportunity Commission (“EEOC”) relating to disclosure of EEOC investigative files to charging parties. Consolidated with Associated’s action is an application by the EEOC to enforce an EEOC administrative subpoena duces tecum against one of...
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MEMORANDUM AND ORDER Plaintiff in this action has filed a motion to dismiss the defendants’ first and second counterclaims and to strike several of the defendants’ defenses as insufficient in law. This action involves suit by the plaintiff, Federal Deposit Insurance Corporation (FDIC), in its corporate capacity as purchaser of a note which had been made by defendant James T. Barry Co...
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*407MEMORANDUM AND ORDER In this action, both defendants have filed motions with this Court. The defendant, Department of Health and Social Services, is an agency of the State of Wisconsin and has filed a motion for summary judgment based upon two grounds. The first ground for the motion claims immunity from suit for damages in federal court based upon the Eleventh Amendment to the United States C...
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DECISION and ORDER This matter is before me on the petition of Frank J. Ruiz for a writ of habeas corpus. Mr. Ruiz was tried and convicted by a jury in the county court of Racine County of first degree murder on October 31, 1974. Upon conviction, he was sentenced to a term of life imprisonment, which he is now serving. The petitioner filed post-conviction motions, and he appealed his conviction...
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*228MEMORANDUM ORDER The defendants, Robert Hardaway, Donald Moore, George Van trece and Dennis Wills, were named in a two count indictment returned by the August, 1977 Grand Jury. In Count I, each defendant is accused of stealing certain goods and chattels on July 5, 1977 from the loading platform of the Spiegel, Inc. facility located at 1925 W. 39th Place, Chicago, Illinois. These goods and chat...
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OPINION AND ORDER In this action plaintiff Classic Film Museum, Inc. seeks declaratory and injunctive relief, monetary damages, costs, and attorneys’ fees against defendant Warner Bros., Inc. Classic contends that by wrongfully asserting common-law copyrights in the story, screenplay and musical score of the 1937 film “A Star is Born,” Warner has engaged in unfair competition and is in vi...
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MEMORANDUM Plaintiff Shelia A. Mixon brought this action pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and 28 U.S.C. § 1343 in conjunction with 42 U.S.C. § 1981, alleging discrimination on account of race. This case was tried before the Court without a jury. The Court having considered the pleadings, the testimony of the witnesses, the documents in e...
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MEMORANDUM OPINION AND ORDER This action is before the Court on cross motions for summary judgment by plaintiffs Livingston and defendants Ewing and the Museum of New Mexico. These parties are in agreement and I find that there is no genuine issue of material fact; intervenors oppose the motions for summary judgment, but I find that, on the basis of the law, affidavits, exhibits, and testimony ...
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OPINION AND ORDER This is an action to recover a debit balance in defendants’ joint commodity account with plaintiff, which is alleged to have arisen out of defendants’ purchases and sales of soybean contracts on the Chicago Board of Trade. Plaintiff is a New York corporation doing business as a broker-dealer in securities and commodities; defendants are residents of New Jersey. The ...
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OPINION Plaintiff H. L. Moore Drug Exchange (“Moore”) has moved this court for an order pursuant to Rule 54(b) of the Federal Rules of Civil Procedure certifying as a final judgment that portion of an order dated May 31, 1978 entered by the court (Gagliardi, J.) 1 dismissing Counts II and III of Moore’s amended complaint in this action. 2 Defendant Eli Lilly and Comp...
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MEMORANDUM AND ORDER Plaintiff Nelson Hernandez is a federal prisoner incarcerated at relevant times at the Metropolitan Correctional Center (hereinafter “MCC”), a federal facility at 150 Park Row, New York City, and within this District. He is also known as Nelson Ralph Hernandez Avila and Hassan Abdul Haqq. Plaintiff filed this action alleging that he was deprived of his right under the...
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OPINION Plaintiff in this patent infringement suit is the holder of United States Patents Nos. 3,386,705 and 3,791,593 for a composting machine and certain parts of composting machinery, respectively. Defendant, which has counterclaimed for declaratory judgment with regard to the patent suit and for breach of contract, now moves for partial summary judgment on the infringement claims and ...
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OPINION Plaintiffs A. H. and R. S. Coal Corporation and Robert Snyder have instituted an action to quiet title, seeking divestment of a federal tax lien on personal property which they purchased. After a non-jury trial, the court makes the following findings of fact and conclusions of law. The personal property purchased by plaintiffs had been subject to a security interest granted b...
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MEMORANDUM AND ORDER This case, involving a review of the decision of a labor arbitrator, is before us on cross-motions for summary judgment. The employer plaintiff is seeking vacation of an arbitrator’s award in which a discharged employee was reinstated and given full backpay. The material facts are not contested. On Friday, June 18, 1976, an employee of plaintiff was arrested for possession an...
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459 F.Supp. 30 (1978) INSTITUTIONALIZED JUVENILES in Pennsylvania institutions for the mentally ill and the mentally retarded et al. v. SECRETARY OF PUBLIC WELFARE, Commonwealth of Pennsylvania, et al. Civ. A. No. 72-2272. United States District Court, E. D. Pennsylvania. May 25, 1978. Dissenting Opinion June 14, 1978. On Motion to Stay Judgment July 17, 1978. *31 *32 David Ferleger, Philadelphia...
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ORDER Plaintiff has filed this action seeking review of a decision of the Secretary of Health, Education, and Welfare denying his claim for disability insurance benefits. 42 U.S.C. § 405(g). Plaintiff and defendant have each submitted a motion for summary judgment. In September, 1975, plaintiff filed his application for disability insurance benefits contending he was disabled from August, 1974, b...
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RULING ON LIABILITY Plaintiffs, as representatives of the class of Blacks and Hispanics who reside in the City of Bridgeport, Connecticut, are attacking the 1975 Civil Service Exam administered to candidates for Bridgeport’s Fire Department. Defendants are the City of Bridgeport, several of its officials, the Bridgeport Civil Service Commission and the Bridgeport Board of Fire Commissioners. A ...
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MEMORANDUM OF DECISION INCLUDING FINDINGS AND CONCLUSIONS In No. 76-384-Civil, the plaintiff, United States of America, seeks the forfeiture of United States Currency in the amount of $11,580 pursuant to Title 31, United States Code, Sections 1101 and 1102, the Currency and Monetary Instruments Reporting Act. Jurisdiction is founded upon both 28 U.S.C. § 1345 and § 1355. This action ...
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MEMORANDUM The plaintiff and defendant having both filed motions for summary judgment and having agreed that the motions should be submitted upon the record, and the Court having reviewed the record and considered the briefs of the parties filed herein, and there appearing to be no dispute that judgment was obtained against the defendant by default in accordance with the prayer of the complaint...
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MEMORANDUM This is a civil action for judicial review and injunctive relief brought pursuant to 5 U.S.C.A. §§ 704, 705, 706 and for declaratory relief pursuant to 28 U.S.C.A. § 2201. Plaintiff, a non-resident alien, alleges that she entered the United States on January 18, 1974 on the basis of a visitor’s visa, and on January 31, 1974 she married James F. Carr, an American citizen. Plaintiff furth...
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OPINION Defendants move to dismiss the complaint for lack of jurisdiction over the subject matter. Rule 12(b)(1), Fed.R.Civ.P. Plaintiff moves for an order compelling production of documents. Rules 34 and 37, Fed.R.Civ.P. This is an action for securities fraud which was brought as a class action, seeking damages for alleged violations of Section 10(b) of the Securities Exchange Act of 1934 and Ru...
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OPINION Petitioner moves this court, pursuant to 9 U.S.C. § 9, for an order confirming an arbitration award dated February 1, 1978; respondent cross-moves to have that award vacated under 9 U.S.C. § 10(d). For the reasons set forth below, the award is confirmed in part and vacated in part. Facts The arbitration proceedings that underlie the present action arise out of a prin...
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MEMORANDUM DECISION This is an interpleader action to determine the rights of the parties to the proceeds of 150 tons of Ethiopian coffee. Since this suit has been the subject of a prior opinion, Zervos v. S. S. Sam Houston, 427 F.Supp. 500 (S.D.N.Y.1976), those facts previously detailed will not be reiterated in this decision which resolves four motions presented by the parties. Addis Ababa Bank...
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MEMORANDUM OPINION AND ORDER This case is before the Court for approval or rejection of the defendants’ settlement of plaintiff’s claim. In the event of approval of the settlement, the question of compensation of the law firm originally retained by plaintiff, but discharged by him prior to settlement, also arises. In addressing the issues, the parties have followed the procedure set forth in the ...
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ORDER This is a civil rights action in which Plaintiffs seek actual and punitive damages for Defendants’ alleged conspiracy to violate 42 U.S.C. § 1983. It is asserted that the Court has subject matter jurisdiction of this action pursuant to 28 U.S.C. § 1343. In their Third Amended Complaint, Plaintiffs allege that they began moving their household possessions on April 1,1977, from their mobile ho...
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*822MEMORANDUM AND ORDER Plaintiffs filed this class action 1 against their employer, Westinghouse Electric Corporation and their local union, Local 107 of the United Electrical Radio and Machine Workers of America (Local 107, Union). Plaintiffs allege that the defendants’ conduct has violated 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Local 107 has m...
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486 F. Supp. 283 (1978) KLOCKNER-HUMBOLDT-DEUTZ AKTIENGESELLSCHAFT, KOLN, Plaintiff, v. HEWITT-ROBINS DIVISION OF LITTON SYSTEMS, INC., Defendant. Civ. A. No. 78-967. United States District Court, D. South Carolina, Columbia Division. July 14, 1978. Douglas McKay, Jr., Julius W. McKay, Columbia, S. C., William C. Stueber, William *284 J. Morris, Joseph N. Stella, Chicago, Ill., for plaintiff. Har...
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MEMORANDUM OPINION Plaintiff has appealed from a decision of the Secretary of Health, Education and Welfare of the United States which denied him disability insurance benefits under the provisions of 42 U.S.C. §§ 416(i) and 423. The Court finds that Plaintiff is a resident of this District and that he has exhausted his administrative procedures and filed this appeal timely. Therefore, the Court...
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MEMORANDUM OPINION Plaintiff was until February, 1976, a manufacturer and seller of automobile air conditioners and component parts for them. It sold its products to and through distributors such as Defendant, The Century Tire & Sales Company, Inc. (Century Tire, hereafter). Plaintiff, until February, 1976, maintained its principal place of business in Dallas, Texas, which is within ...
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MEMORANDUM OF OPINION Plaintiffs seek a refund of a deficiency assessment of their 1968 taxes as a result of the disallowance of a deduction for interest payments. Their claim is based upon the theory that the Internal Revenue Service (IRS) should allow a deduction from gross income, pursuant to Internal Revenue Code § 163, 26 U.S.C. § 163, 1 based on a proportion of total inte...
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OPINION This action comes before the Court upon the motion of Northwestern Mutual Life Insurance Company for summary judgment. By this action, plaintiff seeks to recover accidental death benefits under seven life insurance policies issued by Northwestern Mutual Life Insurance Company on the life of Joseph B. White. The policies are identified by the following numbers: No. 5 607 333; No. 6 036 455;...
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MEMORANDUM OF OPINION FINDINGS OF FACT AND CONCLUSIONS OF LAW In this action, tried to the Court, plaintiff seeks a refund of federal income taxes and interest paid, arising from the defendant’s disallowance of deductions claimed by plaintiff on its 1968, 1969, 1970 and 1971 federal income tax returns. The action arises out of a 1956 loan transaction, in which plaintiff borrowed...
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MEMORANDUM ORDER This action arises out of the sale of vacation lots in a land development known as The Woods in Wisconsin. Plaintiffs allege that the defendants misrepresented or omitted material facts in connection with the sale of the lots to Minnesota residents. Plaintiffs have sued defendants on their own behalf and seek to maintain a class action on behalf of all Minnesota residents...
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*359 ORDER SETTING CASE FOR TRIAL AND RULING ON PENDING MOTIONS This case involves seven claims of age discrimination in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq. (1970). Seven individual plaintiffs have joined their claims under the provisions of Rule 20(a), Fed.R.Civ.P. 1 The case was set for trial in April, 197...
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Petitioner, Pollux Marine Agencies, Inc., agent for the owners of the vessel M.V. “CAPTAIN DEMOSTHENES”, moves pursuant to 9 U.S.C. §§ 4 & 5 for an order appointing an arbitrator and directing respondent Louis Dreyfus Corp. to proceed to arbitration in accordance with an arbitration clause contained in a time charter party allegedly entered into on July 30, 1976 by petitioner, as agent for the ...
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MEMORANDUM AND ORDER Plaintiff, a limited partnership, brought this action seeking damages and a declaratory judgment and alleging eleven causes of action said to arise out of events in connection with the bringing of a leasehold mortgage foreclosure action by defendant Jamaica Savings Bank (“the Bank”). Jurisdiction is allegedly based on 28 U.S.C. §§ 1331 (federal question), 1332 (divers...
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OPINION Petitioner holds an unsatisfied judgment arising from a criminal fine assessed against Samuel Wagner (Wagner). Seeking to collect that judgment under Rule 69(a), Fed.R.Civ.P., petitioner moves for (1) a determination whether $6,000 held by the New York City Police Department Clerk (respondent) is Wagner’s property, and (2) an order pursuant to N.Y. CPLR §§ 5225 1 and 52392 (McKinney 1978)...
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OPINION The plaintiff, Associated Dry Goods Corporation, brings this action under the Freedom of Information Act (“the FOIA”), 5 U.S.C. § 552, seeking to compel defendant National Labor Relations Board (“NLRB”) to make available for copying virtually the entire contents of a certain closed unfair-labor-practice-case file. The NLRB had refused to honor a good portion of the plaintiff’s dir...
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MEMORANDUM-DECISION AND ORDER This action is brought pursuant to 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 disability insurance benefits. 42 U.S.C. §§ 416(i), 423. Defendant moves for a judgment on the pleadings or, in the alternative, for summary judgment. Plaintiff cross-moves ...
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MEMORANDUM OF DECISION This action was removed from the Superi- or Court of Nash County, North Carolina pursuant to 28 U.S.C. § 1441 because it pertains to the recovery of benefits under a plan established in conformity with the Employee Retirement Income Security Act of 1974 (ERISA), as amended, 29 U.S.C. §§ 1001, et seq. The United States district courts are given original ju...
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456 F. Supp. 682 (1978) SAFEGUARD MUTUAL INSURANCE COMPANY, v. Robert A. MILLER, William J. Kuntz, Charles D. Cowley, David P. Trulli, Frederic G. Antoun and Glenn A. Wenrich. C. M. CLARK INSURANCE AGENCY, INC. v. Robert A. MILLER, William J. Kuntz, Charles D. Cowley, David P. Trulli, Frederic G. Antoun and Glenn A. Wenrich. Civ. A. Nos. 71-767, 71-822. United States District Court, E. D. Pennsyl...
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MEMORANDUM OPINION AND ORDER A United States magistrate of this district recommended on June 13, 1978 that the motion herein of the defendant for a dismissal of this action for the plaintiff’s failure to state a claim against him upon which relief can be granted, Rule 12(b)(6), Federal Rules of Civil Procedure, be denied. 28 U.S.C. § 636(b)(1)(B). A copy of such recommendation was mailed by the cl...
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DECISION and ORDER This case is before me on the defendant Riteris’ motion for summary judgment. The plaintiff seeks damages from the defendants because of their alleged involvement in the procurement of a federal indictment charging the defendant with mail fraud in violation of 18 U.S.C. § 1341. This case can better be understood when viewed against the background of litigation involving ...
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MEMORANDUM AND ORDER This action primarily raises issues of contract interpretation. In 1971, plaintiff Quist entered into a “Group District Agent’s Agreement” with the defendant Guardian Life Insurance Company. Under the agreement, plaintiff and his appointed brokers were authorized to solicit applications for group insurance within an assigned territory. Plaintiff was compensated solely by co...
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MEMORANDUM OF DECISION ON MOTION TO VACATE ORDER AND TO RESTORE TO DOCKET This Motion to Vacate Order of Discontinuance and to Restore to Docket stems from a malpractice suit filed in this Court in November of 1970. The procedural journey undergone by this case between 1970 and the present is rather unusual, and to appreciate the equities involved it is necessary to trace the unbeaten and ultimat...
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SUPPLEMENTAL RULING ON PLAINTIFFS’ MOTION FOR ATTORNEYS’ FEES The plaintiffs have requested the Court to reconsider and clarify its ruling filed December 21, 1976, wherein the Court granted a total overall allowance of $41,145 for attorneys’ fees to plaintiffs’ counsel pursuant to the provisions of 42 U.S.C. § 2000e-5(k), known as the Equal Employment Opportunity Act. The plaintiffs’ coun...
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OPINION This securities class action is presently before the Court on cross-motions for summary judgment. The plaintiffs, minority holders of common shares, warrants, and debentures of Wilson Sporting Goods (“Wilson”), filed the action on December 13, 1972. 1 The defendants in the suit are Pep *1233 siCo, Inc. (“PepsiCo”), Wilson, and twelve individuals who were Pe...
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ORDER Defendant, Gary Lynn Francisco, filed a Petition with this Court on June 12, 1978 to remove the above-entitled case from the Iowa District Court in and for Scott County. 1 The Petition states this action is removable pursuant to the provisions of 28 U.S.C. §§ 1355, 1441, 1446 and 1447. The Court disagrees. This case arises as a result of four motor vehicle violations...
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MEMORANDUM Plaintiff, Earl C. Davidson, filed, pro se, three letters which were received by this Court on June 10, June 14 and July 6, 1977. On September 12, 1977, this Court ordered that plaintiff’s letters constituted his complaint and allowed him to proceed in forma pauperis. Plaintiff alleges that on April 7, 1975, he was seated in a wooded area at night when h...
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MEMORANDUM ORDER Defendant Sperry Rand has brought three motions before the Court: (1) to decertify the class, (2) in the alternative to amend the class certification, and (3) to strike all allegations in the complaint relating to the seniority system. The other defendants join in the motions. The motions are based in part upon three United States Supreme Court decisions decided after certificati...
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MEMORANDUM OPINION This case concerns the question of whether bicycle riders who are prohibited from traveling on the interstate bridges have been deprived of equal protection under the law and their right to travel freely in and among the states. The plaintiffs are bicycle drivers who claim to use bicycles for business and pleasure driving. 1 The defendant David O. Coolidge is a director of ...
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MEMORANDUM OPINION The United States of America brought this action seeking to condemn certain food substances pursuant to the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301, et seq. (hereafter referred to as “the Act”). The United States Marshal seized the substances identified in the complaint and the owner intervened to file a claim for return thereof. Each party filed a motion for s...
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OPINION and ORDER Plaintiff has moved for an order pursuant to Rule 56 of the Federal Rules of Civil Procedure (“FRCP”) granting summary judgment in his favor on counts 1 and 13 of the complaint predicating his motion “only on the preferential transfer allegations (in his complaint) and the terms of the Subordinated Loan Agreement.” Defendant has cross moved for an order pursuant to ...
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OPINION The plaintiff’s motion for summary judgment and the defendants’ opposition present no factual issues in the view of both court and counsel. The plaintiff seeks a declaration of entitlement to pension rights and a money judgment for pension benefits. Plaintiff’s application is resisted by the defendants on the ground that plaintiff fails to qualify for the benefits he seeks un...
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MEMORANDUM AND ORDER This is an action brought under §§ 4 and 16 of the Clayton Act, 15 U.S.C. §§ 15 and 26, for alleged violations of § 1 of the Sherman Act, 15 U.S.C. § 1. The named plaintiffs are consumers who assert two claims in their amended complaint: (1) defendants imposed on them an illegal tying arrangement in the sale of vacuum cleaners and buying service memberships, and (2) defendants...
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MEMORANDUM OPINION AND ORDER Plaintiffs filed the instant lawsuit alleging sex-based employment discrimination. Count One of the complaint is based upon Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. Count Two is predicated upon the Equal Pay Act, 29 U.S.C. § 206(d). Defendant has now filed a motion for summary judgment as to both Counts of the complaint. ...
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MEMORANDUM In August, 1976 the National Post Office Mail Handlers, Watchmen, Messengers and Group Leaders Division of the Laborers’ International Union of North American, AFL-CIO (hereinafter the National) held a meeting in Anaheim, California. Plaintiff claims that the denial to him of access to *338 the minutes of such meetings have violated rights secured to him under 29 U.S.C. § 431(c); 2...
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MEMORANDUM OPINION This matter is before the Court on the motion of Beloit Power Systems, Inc. for a new trial or an order directing a remittitur. For the reasons set forth below, the motion will be denied. Plaintiff, Norwilton Murray, brought this tort action for personal injuries which he allegedly sustained while installing a control panel manufactured by defendant. A trial was conducted befor...
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MEMORANDUM AND ORDER Sub judice is defendants’ Motion for Summary Judgment. Plaintiff challenges the alleged practices of the Immigration and Naturalization Service (INS) in the Yakima area. Specifically, plaintiff alleges a consistent pattern and practice of unlawful interrogation, harassment, and searches of the farmworkers’ residences in the Yakima Valley. Plaintiff’s claim for relief is b...
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DECISION and ORDER This case is before me on a series of motions by the defendant Harley-Davidson for dismissal of and entry of summary judgment in its favor as to the plaintiff’s claims of employment discrimination. This action was filed in 1977 by the plaintiff Golden V. Tucker against his former employer Harley-Davidson Motor Co. and the defendant union, the Allied Industrial Work...
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DECISION AND ORDER This is an action for monetary and injunctive relief brought pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1343. In his original complaint filed in May of 1972, the plaintiff Ralph Edward Kuecey, proceeding pro se, alleged that he was subjected to cruel and unusual punishment by the defendants in violation of the Eighth and Fourteenth Amendments to the United States Constitution ...
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OPINION This case is before the Court on a stipulation by the parties for a consolidated ruling by the Court on the merits of the case with the plaintiffs’ preliminary injunction motion, based on the complete record of evidence presented at prior hearings as well as affidavits, memoranda of law, and other documents filed by the parties. Plaintiffs 1 *329 seek to preven...
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ORDER On August 11, 1977, the court ruled that plaintiff was the prevailing party and ordered defendants to pay reasonable attorney’s fees pursuant to the Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C. § 1988. Subsequently, the court ordered the submission of memoranda and set a hearing to resolve certain legal questions concerning the application of the Act to this case. Havi...
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MEMORANDUM OF DECISION This cause comes before the court pursuant to remand from the United States Court of Appeals for the Seventh Circuit, 573 F.2d 400 (1978). To summarize briefly the more recent rulings in the case, the Court of Appeals held in 1976 that the action of the General Assembly of Indiana in passing legislation in 1969 to enlarge the City of Indianapolis to include all of Mario...
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MEMORANDUM AND ORDER Plaintiff brings this action to seek judicial review of the Secretary’s decision that he is no longer entitled to disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 401 et seq. and supplemental security income benefits under Title XVI of the Act, 42 U.S.C. § 1381 et seq. The denial of further benefits is the “final decision” of the Secretary a...
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OPINION This action is brought by Charles G. Hines for damages and injunctive relief because of alleged acts of racial discrimination by defendants Olinkraft, Inc. (Olinkraft), United Paper Workers International Union, and United Paper Workers International Union Local No. 654. A Bench trial was held on May 10, 1978. At the close of plaintiff’s case, defendants moved for dismissal under Rule 41(b)...
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OPINION AND ORDER In this action plaintiffs John Donnelly & Sons, National Advertising Company, and William S. Schaeffer challenge the constitutional validity of the recently enacted Maine Traveler Information Services Act, 23 M.R.S.A. §§ 1901-1925 (the “Maine Act” or the “Act”) and seek declaratory and injunctive relief against defendant Roger L. Mallar who, as Commissioner of Transporta...
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MEMORANDUM AND ORDER The plaintiffs Gregory J. Williams and Mark I. Gutstein, two sixteen year old students completing their high school junior year, suing individually and by Mrs. Williams (Gregory’s mother) and Mr. Gutstein (Mark’s father) brought this suit under 42 U.S.C. § 1983 against the Montgomery County School Board, its seven members, the county superintendent, and their high sch...
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MEMORANDUM The plaintiffs, Epps, Benvenuti, and the class they are certified to represent, are pretrial detainees who are awaiting trial in Maryland courts and who have been or may be transferred as pretrial detainees from a County or Baltimore City Jail to an institution of the Maryland Division of Correction. Plaintiffs allege that the transfers are effected pursuant to Md.Ann.Code art. 27,...
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OPINION In this action brought under the Civil Rights Act, 42 U.S.C. § 1983, the jury awarded plaintiffs, one present and one former Massachusetts state prisoner, damages totalling $27,500 against various state prison officials. Plaintiffs’ co-counsels’ motion for an award of fees under the Civil Rights Attorney’s Fees Award Act of 1976, Pub. L.No. 94-559, 90 Stat. 2641 (amending 42 U.S.C. § 1988)...
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OPINION After a non-jury trial, this Court ruled that plaintiff Margaret M. Blizard had failed to establish her claim of sex discrimination or retaliatory discrimination on the part of her employer, defendant Jonathan Fielding, Massachusetts Commissioner of Public Health. On appeal, that judgment was vacated and the case remanded to this Court “for further proceedings not inconsistent wit...
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MEMORANDUM OPINION AND ORDER GRANTING THIRD-PARTY PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This action for breach of contract was brought on July 31, 1975. The contract in question involved the construction of a building to be used as a car-wash facility. The only defendant remaining in the action is Bazzani Building Company, which served as general contractor in the construction of the bu...
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OPINION AND ORDER On March 3, 1978 the Panel, pursuant to 28 U.S.C. § 1407, transferred twelve actions to the Eastern District of Pennsylvania and, with the consent of that court, assigned those actions to the Honorable Joseph L. McGlynn, Jr. for coordinated or consolidated pretrial proceedings with three actions already pending in that district. In re “Fine Paper” Antitrust Litigation, 446 F.Sup...
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MEMORANDUM — DECISION AND ORDER This is an appeal from an Order of Bankruptcy Court (Marketos, J.) vacating a prior confirmation of a real property sale, and confirming a subsequent sale of the bankrupt’s interest in a parcel of real property to Virginia Lamont, appellant herein. Appellee Reuben Grass, the trustee in bankruptcy for the estate of David Lamont, offered for sale bankrup...
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OPINION AND ORDER Plaintiffs Plymouth Music Co. and Ron-com Music Co. bring this suit for an injunction against and to recover damages for alleged copyright infringement by defendants Magnus Organ Corp., Magnus Music Corp. and Charles Hansen Music and Books, Inc. The works claimed to be infringed are twelve compositions contained in a chord organ book known as “Magnus Organ Book No. 703”, ...
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Motion for judgment notwithstanding the jury’s verdict or, in the alternative, for a new trial pursuant to Rule 50 of the Federal Rules of Civil Procedure. This is a product liability case brought by the plaintiff Vincent Mazzola as a driver of a Simca car against Chrysler France, S.A. as manufacturer, for damages arising out of an accident predicated upon alleged negligence in design and ...
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OPINION I. History of Case Presently before this court is defendant’s Motion for Summary Judgment. Defendant, Mitsubishi Aircraft International, Inc. (“Mitsubishi”) is a Texas corporation engaged in the business of assembling and selling aircraft. Its principal office and place of business is in the State of Texas. Plaintiff, Charles E. Campbell (“Campbell”) was a Mitsubishi ...
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MEMORANDUM AND ORDER This is an action brought by Mrs. Carmen Padillo pursuant to § 205(g) and § 1631(c)(3) of the Social Security Act, seeking judicial review of the denial of her disability benefits claim by the Secretary of Health, Education and Welfare. In April, 1976, Mrs. Padillo applied for disability insurance benefits, alleging that she had been unable to engage in gainful employment s...
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OPINION In this housing discrimination suit, the plaintiffs were awarded $1,250 by a jury in their action under 42 U.S.C. § 1982 against defendant Mrs. Repko. Defendants prevailed in the conspiracy claim asserted against Mr. and Mrs. Repko under § 1985 and in the § 1982 action against Mr. Repko. The previous order of this court, to the extent it allowed a fee for plaintiffs’ counsel, was ...
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MEMORANDUM OPINION AND ORDER This is an action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671, et seq., for damages for wrongful death. The Court treats the motion of the defendant United States of America (the government) for a dismissal for, inter alia, the failure of the plaintiff to state a claim against it on which relief can be granted or, alternatively, fo...
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MEMORANDUM OPINION AND ORDER A United States magistrate of this district recommended that the motion herein of the third-party defendant Formex Company (Formex) for a summary judgment as *7 to the claim of the third-party plaintiff Colman-Cocker Textile Machinery Company, (Colman-Cocker), Rule 56(b), Federal Rules of Civil Procedure, be granted. 28 U.S.C. § 636(b)(1)(B). Colm...
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MEMORANDUM Plaintiff Henry T. Griffith, a citizen of the Commonwealth of Virginia and a former Electrolux vacuum cleaner salesman, brings this action against his former employer Electrolux Corporation, whose principal offices are in Stanford, Connecticut, and which is a division of Consolidated Foods Corporation, a Maryland corporation, with its principal place of business in Chicago, Ill...
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DECISION and ORDER The defendants have filed a motion to dismiss, for failure to state a claim upon which relief can be granted, that portion of the complaint which seeks damages for the alleged violation of 42 U.S.C. § 1983 committed by the defendants in connection with their removal of the plaintiff from the work/study release program in which he was enrolled while confined at the Oakhill Cor...
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*32 MEMORANDUM AND ORDER I. Facts On November 2, 1977 defendant was operating in the District of Columbia a rented vehicle bearing a temporary Pennsylvania license tag. Two Metropolitan Police Officers, observing that the expiration date of the tag was illegible, made a traffic stop of the vehicle and asked defendant to produce his license and registration. While defendant was in the pr...
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MEMORANDUM OPINION Former Representative Otto E. Passman currently faces two indictments arising out of his alleged participation in the well-publicized Korean influence-buying scandal. The immediate question to be determined is whether Mr. Passman, now 78 years old and suffering from various ailments, is mentally and physically competent to be arraigned and stand trial. The Court has reviewed ...
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RULING AND ORDER On January 19, 1978 this Court entered a Memorandum Opinion and Order which granted plaintiffs’ request for class certification, their motion for summary judgment and their request for a permanent injunction against state “deeming” procedures. Herweg v. Ray, 443 F.Supp. 1315 (S.D.Iowa 1978). On March 17, 1978 plaintiffs filed a request with this Court seeking an Order which w...
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MEMORANDUM AND ORDER GRANTING DEFENDANT’S MOTION FOR REDUCTION OF SENTENCE I. This case pends on defendant’s Rule 35 motion to reduce the sentence of one year and $2,500 imposed by this Court on June 16, 1978. The execution of that sentence was stayed until June 26, 1978, and the Court entered an order that the defendant surrender himself to the Attorney General by reporting to the Medical Ce...
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MEMORANDUM-DECISION AND ORDER This is an action for declaratory and injunctive relief in which plaintiffs, employees of defendant New York Telephone Company, challenge the use by various defendant labor organizations, of plaintiffs’ agency fees for purposes unrelated to collective bargaining or the handling of employee grievances. Jurisdiction is alleged under section 301 of the National Labor Re...
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OPINION The parties have filed Cross Motions for Summary Judgment in this proceeding brought by Texaco Independent Union (Union), representative for the bargaining unit at Texaco’s Coraopolis Terminal, against Texaco, Inc. (Company). The Union seeks to compel Texaco to maintain the status quo ante pending arbitration of disputes over a series of unilateral changes at the Pittsburgh Plant ...
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*733 ORDER The above styled and numbered cause is a diversity action brought by plaintiff to recover damages for the publication of an allegedly libelous article in November, 1976, and for the invasion of plaintiffs right of privacy with respect to such article. Defendants are four newspapers, a syndicator of the article, and two individuals who wrote the article. Defendants have filed motion...
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MEMORANDUM AND ORDER This is a civil action filed on February 15, 1978 wherein the plaintiff, Bucyrus-Erie Company (Bucyrus-Erie), seeks to enjoin the defendants, Wisconsin Department of Industry, Labor and Human Relations (DILHR), and five individual state officers from exercising jurisdiction under the Wisconsin Fair Employment Act, Wis.Stats. §§ 111.31, et seq. over a complaint allegin...
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OPINION and ORDER This matter is before this Court on the motion for partial summary judgment of Defendants Howard and Trauscht and the motion for summary judgment of Defendant Judge James Zeller. The matter has been well briefed including supplemental briefs subsequent to the hearing, and the matter was orally argued before the Court on April 24, 1978. As discussed below, the Court finds...
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*39 OPINION Defendants have moved to dismiss, or in the alternative for summary judgment on, the two counts in plaintiffs’ complaint. Facts On April 21, 1975, plaintiffs, who resided in McAllen, Texas (near Brownsville) and who owned and operated the Palmview Golf Motel and Travel Trailer Park, were telephoned by the night clerk at the motel in the early hours of th...
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ORDER These are actions brought for declaratory and preliminary as well as permanent injunctive relief 1 concerning the consequences of the arrest of Atlanta magazine retailer Albert Battle and the issuance of accusations against the corporate and individual publishers of plaintiffs’ respective publications. 2 In each instance, the Solicitor of Fulton County, Georgia, contended that the par...
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-I. ALLIED’S MOTION TO COMPEL PRODUCTION OF DOCUMENTS Defendant-Counterplaintiff, Allied Tube and Conduit Corporation (“Allied”), seeks an order from this Court compelling plaintiff, Wheeling-Pittsburgh Corporation (“Wheeling-Pittsburgh”), to produce certain documents for inspection and photocopying pursuant to Rule 34, Federal Rules of Civil Procedure. Wheeling-Pittsburgh resists production of sa...
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MEMORANDUM AND ORDER Discussion Plaintiff, Jack L. Wright, an inmate of the Kansas State Penitentiary (KSP) at Lansing, Kansas, brings this action pursuant to 42 U.S.C. § 1983 seeking redress for the alleged unconstitutional interference by state prison authorities with the free exercise of his religion. Jurisdiction is invoked pursuant to 28 U.S.C. § 1343. Leave to proceed ...
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Plaintiff Institutional Management Corp. (IMCO) complains that in February, 1978, defendants Translation Systems, Inc. (TSI), and D. Michael Banz, Donald H. Nixon and Lionel J. Bartram, individually and in their official capacities as members of TSI, wrongfully removed property and equipment, owned by plaintiff, from plaintiff’s place of business in Gaithersburg, Maryland. The property consists...
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The United States and Special Agent James D. Reed of the Internal Revenue Service have brought this petition pursuant to Sections 7402(b) and 7604(a) of the Internal Revenue Code to enforce a summons served on J. Joseph Gartland, Inc. The summons arises out of a tax investigation of the liabilities of John B. Kotmair, Jr, Respondent is a corporation which has had business dealings with the taxpaye...
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MEMORANDUM This is a civil action seeking damages for termination of a distributorship. The plaintiff, Jobbers Warehouse Service, Inc., (Jobbers) is a wholesaler of automotive parts. The defendant, Maremont Corporation (Maremont) manufactures Gabriel shock absorbers. Jobbers was a Maremont distributor from 1968 until September 30, 1976, when the defendant terminated its relationship with ...
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MEMORANDUM AND ORDERS GRANTING NFO’s RULE 6(e) MOTION AND DIRECTING FURTHER PROCEEDINGS I. This Court, at long last, is in a position to rule NFO’s long pending Rule 6(e) motion for release of grand jury minutes filed September 24,1976. That motion seeks “disclosure to NFO counsel of the transcript and exhibits of the 1975-2 Grand Jury which investigated AMPI in the Western District of Texas.” Th...
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OPINION AND ORDER The Panel, pursuant to 28 U.S.C. § 1407, previously has transferred several actions in this litigation to the District of Kansas and, with the consent of that court, assigned them to the Honorable Frank G. Theis for coordinated or consolidated pretrial proceedings. In re A. H. Robins Co., Inc. “Dalkon Shield” IUD Products Liability Litigation, 438 F.Supp. 942 (Jud.Pan.Mult.Lit.1...
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This matter comes before the court on defendant’s order to show cause seeking a preliminary injunction against plaintiff’s alleged patent infringement and unfair competition. On August 30, 1977, plaintiff Zenith Laboratories, Inc. (hereinafter Zenith) brought suit against defendant Eli Lilly and Company (hereinafter Lilly) for a declaratory judgment of non-infringement and invalidity with regar...
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MEMORANDUM AND ORDER The Secretary of Labor (“Secretary”) brought this action to obtain relief for an elderly employee of defendants whose employment had been terminated in alleged violation of the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §§ 621-34. After trying the matter without a jury, the court makes the following findings of fact and conclusions of law as requ...
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Plaintiff Munters Corporation (“Munters”), a wholly-owned subsidiary of a Swedish corporation, AB Carl Munters, brought this declaratory judgment action against two of its customers, Burgess Industries Incorporated (“Burgess”) and Buffalo Forge Company (“Buffalo Forge”). Munters manufacturers, under license from its Swedish parent, a cross-fluted corrugated packing material (“Munters fill”) sol...
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ORDER ON MOTION TO DISMISS FOR IMPROPER VENUE, INSUFFICIENCY OF PROCESS, INSUFFICIENCY OF SERVICE OF PROCESS AND LACK OF IN PERSONAM JURISDICTION Plaintiff sues for injuries allegedly sustained in its property and business by reason of defendants’ alleged violations of 15 U.S.C. § 72 and sections 1 and 2 of the Sherman Act. Defendant Honda Motor Company, Ltd. has filed a motion to quash s...
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OPINION Defendant was indicted and tried for violation of 18 U.S.C. § 922(h), which makes it unlawful for any person who has been convicted of a crime punishable by imprisonment for a term exceeding one year to receive any firearm which has been shipped or transported in interstate or foreign commerce. At the conclusion of the government’s case in this non-jury trial defendant moved for a judgment...
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MEMORANDUM AND ORDER This case is presently before the Court for approval of a proposed settlement pursuant to the requirements of Rule 23(e), Fed.R.Civ.P. In this class action, plaintiffs, who are mortgage holders located in the Eastern District, are suing their mortgagees for payment of interest which they allege is due to them because of the lending institutions’ policy of requiring “mortgage ...
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MEMORANDUM AND ORDER This is an action for alleged breach of construction contracts, in which plaintiff cites six grounds for recovery of damages. Three deal with claims for balances due on the three separate construction contracts. The other three deal with claims for “additional and extra work” and/or “change order work” resulting from work performed on each of the three contracts. Defe...
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OPINION Petitioner has filed this Petition pursuant to the provisions of 28 U.S.C. §§ 2241 et seq. for a Writ of Habeas Corpus. He alleges that he is presently being held illegally without bail, at the request of the Canadian Government that he be extradited to that country for the alleged commission of offenses there. This Court issued an Order for Petitioner’s arrest on ...
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MEMORANDUM OPINION AND ORDER Walter Lee Brown, petitioner, is presently in custody of respondent pursuant to a sentence of 25 years imprisonment imposed against him in the 195th Judicial District Court, Dallas, Texas, in Cause C-74-8736IN. Petitioner’s conviction was affirmed on direct appeal. Brown v. State, 535 S.W.2d 640 (Tex.Cr.App.1976). Petitioner presents two complaints in his applicat...
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456 F. Supp. 176 (1978) UNITED STATES of America, Plaintiff, v. Frank W. SNEPP, III, Defendant. Civ. A. No. 78-92-A. United States District Court, E. D. Virginia, Alexandria Division. July 7, 1978. *177 Barbara Allen Babcock, Asst. Atty. Gen., Thomas S. Martin, Washington, D. C., William B. Cummings, U. S. Atty., Alexandria, Va., David J. Anderson, Washington, D. C., George P. Williams, Asst. U. ...
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MEMORANDUM The sole issue raised by the cross-motions for summary judgment filed by the subcontractor and surety in this action under the Miller Act, 40 U.S.C. §§ 270a, 270b, is whether the action was timely filed under the one-year limitations period incorporated in the Act. Id. § 270b(b). To prevail on a motion for summary judgment, a party must demonstrate that no genuine issue of material fac...
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MEMORANDUM OPINION This Court heretofore found for the class plaintiffs on their claim that defendant did not comply with the timely disclosure requirement of the Truth in Lending Act (15 U.S.C. sec. 1639(b)). 1 Thereafter on November 3, 1977, this Court found that class plaintiffs were entitled to $22,350.42 statutory damages. 2 Since then class plaintiffs have peti...
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OPINION The question presented in this case, a federal employment discrimination suit raising related Title VII and constitutionally-based damage claims, is the scope of the exclusivity rule laid down in Brown v. General Services Administration, 425 U.S. 820, 96 S.Ct. 1961, 48 L.Ed.2d 402 (1976). In particular, the question is whether Brown, in addition to pree...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case was filed under the vehicle recall provisions of the National Traffic and Motor Vehicle Safety Act of 1966, as amended, 15 U.S.C. §§ 1381-1431. The United States seeks an order declaring that the 1971 — 1973 Capris produced prior to November 24, 1972 contain a “defect” which “relates to motor vehicle safety” and requiring the manufacturer to (1)...
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OPINION This cause is before the Court on the respondent’s motion to dismiss. In support of its motion, the respondent raises two general arguments: (1) that the petition fails to allege with sufficient specificity facts that would give the instant petitioners standing to litigate their claim; and (2) that at any rate this cause is non justiciable because it involves, at most, the resolution of a ...
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MEMORANDUM RULING This is a Title VII race discrimination class action. A dispute has arisen as to the proper scope of discovery. Plaintiffs seek to obtain a wide variety of statistical and personnel information back to 1960. Defendant/PPG submits this period of time is excessive and unnecessary for a proper determination of the case and unduly burdensome. Plaintiffs contend they are entitled...
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OPINION This action has been brought as an admiralty claim within the meaning of Rule 9(h), Fed.R.Civ.P., for breach of a maritime contract. The plaintiff seeks to recover the cost of cargo lost when a section of defendant’s pier collapsed. Defendant counterclaims for the cost of repairing its pier. Plaintiff delivered, via several trucks and over a period of three days, 282 bales of secondhand c...
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OPINION This Court held, in its opinion of June 30, 1978, that the Attorney General of the United States would be required to comply *924 with the order of May 31, 1977 forthwith; that compliance by 5:00 P. M., July 7, 1978 would be deemed sufficient compliance with the order; and that in the event of noncompliance with the order the Attorney General would be in civil contempt of court. The s...
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FINDINGS AND CONCLUSIONS This action was filed July 21, 1976 to recover monetary damages for breach of contract. Plaintiff James Bloor is the Reorganization Trustee of Baleo Properties Corporation, formerly named P. Ballantine & Sons (“Ballantine”). Defendant is the Falstaff Brewing Corporation (“Falstaff”), which on March 31, 1972 bought from Investors Funding Corporation (“IFC”) the Bal...
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This habeas corpus proceeding challenges the constitutionality of certain sections of the New York Penal Law which govern the sentencing of Class A felony drug offenders. Petitioner was convicted in March, 1976 of violations of Penal Law sections 220.21 (McKinney’s Supp. 1978) (criminal possession of a controlled substance in the first degree) and 220.43 (McKinney’s Supp. 1978) (criminal sale of a...
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MEMORANDUM AND ORDER Florence Bryant, the prevailing party in a tax refund suit, seeks allowance of attorney’s fees against the United States pursuant to 42 U.S.C. § 1988, as amended by the Civil Rights Attorney’s Fees Award Act of 1976, P.L. 94-559. The portion of the Act relevant to tax cases provides: “[I]n any civil action or proceeding, by or on behalf of the United States of America, to...
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MEMORANDUM In reliance upon Rule 6(d), Fed.R. Crim.P., John Doe moves for a preindictment order requiring that all proceedings before the grand jury in the above-entitled antitrust investigation which are held in the presence of government counsel be steno-graphically recorded and preserved. We think the motion should be granted. In the case of United States v. Price, 474 F.2d 1223, 1225 (9th Cir....
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MEMORANDUM OPINION IN SUPPORT OF FINAL JUDGMENT This is an action for personal injuries resulting from electrical burns suffered by Plaintiffs. On March 27, 1975, the Plaintiffs, along with Joe Don Bassham, were in the process of re-spooling a wire line truck owned by Plaintiffs’ employer, Otis Engineering Company. The wire line truck in question had a tall mast through which ran a winch ...
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MEMORANDUM OPINION AND ORDER From the pleadings, the affidavits submitted in support of the defendant’s motion for summary judgment and of the plaintiff’s motion for partial summary judgment, the respective briefs and the statements of counsel at the hearing held on April 7, 1978, it is apparent that there is no genuine dispute as to the material facts necessary for a final disposition of...
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ORDER DENYING MOTION FOR RECONSIDERATION This cause came on for consideration upon the motion for reconsideration of this court’s order, dated May 30, 1978. The court, having considered the record and being fully advised in the premises, finds that the motion should be denied in full. Defendant asserts that this court erred in permitting plaintiff’s § 1981 claim(s) to proceed, given ...
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MEMORANDUM AND ORDER Plaintiffs in these two cases are minor children born out of wedlock who seek social security benefits as children of deceased, insured wage earners. 42 U.S.C. § 402(d). They bring these actions under 42 U.S.C. § 405(g), for judicial review of a final decision of the Secretary of Health, Education and Welfare disallowing the benefits sought. This court has previously ...
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OPINION At issue is the decision by a majority of the Chelsea School Committee (Committee) to bar from the High School Library an anthology of writings by adolescents entitled “Male and Female Under 18” (Male & *705 Female). The Committee’s action was prompted by a Chelsea parent’s objection to the language in one selection, “The City to a Young Girl” (Cit...
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OPINION AND ORDER Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, JOSEPH S. LORD, III, STANLEY A. WEIGEL, ANDREW A. CAFFREY, and ROY W. HARPER, * Judges of the Panel. On February 28, 1978, the Panel, pursuant to 28 U.S.C. § 1407, transferred a number of actions in this litigation to the District of the District of Columbia and, with the consent of that court, assig...
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MEMORANDUM AND ORDER Plaintiffs are trustees of an employment benefit plan which, since January 1, 1978, *23 has been paying a retirement benefit of $400 per month to one Fred J. Riecker. On January 13, 1978, defendant Ms. Margaret Riecker obtained a judgment of the Family Court of the State of New York, Queens County, against Fred J. Riecker for $5,280.00 for arrears on his ...
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MEMORANDUM The matters to be determined by the court in this Memorandum are two-fold. *379They are brought before the court upon motion1 of defendant, International Business Machines Corporation [hereinafter IBM], whereby defendant seeks (1) an order sustaining objections by IBM to six questions propounded by plaintiff, United States at the deposition of A. Ray Speer on May 19, 1978; and (2) an o...
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OPINION AND ORDER Plaintiffs, students enrolled at defendant City University of New York (CUNY) who are recipients of both public assistance and certain state funded educational grants, have moved for a preliminary injunction enjoining defendants CUNY, Human Resource Administration (HRA), New York State Department of Social Services and various officials of these bodies from implementing or enfor...
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MEMORANDUM AND ORDER The matter before this Court is a carefully worded motion to dismiss two separate informations charging the individual Defendants with violations of Title 26, United States Code, Section 7205, in that they wilfully filed false and fraudulent W4 forms required by Title 26, United States Code, Section 3402. The Defendants are tax protestors, and their cases were joined for trial...
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MEMORANDUM OPINION This action was filed on June 18, 1976 by the Pine Township Citizens’ Association, an unincorporated association of residents, landowners, taxpayers and voters of Pine Township, Allegheny County, Pennsylvania and three individual members of this Association. Defendants are three members of the Zoning Hearing Board of Pine Township. Plaintiffs seek an injunction against the depri...
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MEMORANDUM OPINION AND ORDER This is a case of cross-appeals from an arbitrator’s award on a question involving the interpretation of a collective bargaining agreement. The arbitrator ruled in favor of the position of the Plaintiff Union, the Union brought an action to enforce the agreement and the Defendant employer brought an action to vacate the award. Upon a hearing, the Court granted injuncti...
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ORDER After making an independent review of the pleadings, files, and records in this case, *56 and after consideration of the findings, conclusions, and recommendation of the United States Magistrate, the court is of the opinion that the findings and conclusions of the Magistrate are correct and should be adopted as the findings and conclusions of the court, except as hereaf...
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MEMORANDUM DECISION Following an adverse ruling, claimant instituted the present action for review pursuant to 42 U.S.C. § 405(g). The Secretary disallowed Mr. Hernandez’s claims for disability insurance benefits and a period of disability and supplemental security income. 1 Both parties have moved for summary judgment on the administrative transcript. The Secretary’s motion is...
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MEMORANDUM DECISION Presently pending in this case are numerous motions for summary judgment filed by the parties. Memoranda in support of and in opposition to the pending motions, together with voluminous exhibits and deposition excerpts have also been filed by the parties. After a review of these memoranda and other documents and after hearing argument in open court on some of the issues...
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ORDER This matter is before the Court on a motion to dismiss under Rules 12(b)(6) and 12(b)(1), Fed.R.Civ.P., for failure to state a claim upon which relief can be granted and for lack of subject matter jurisdiction. United States Fidelity & Guaranty Company (Fidelity) seeks a declaratory judgment that its policy with its insured, Michael J. Ferraro, does not provide coverage for the injuries he ...
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MEMORANDUM OPINION On December 17, 1976, plaintiffs Betty Batís and Shirley Flockhart filed this action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5 (“Title VII”) and 28 U.S.C. § 1343, alleging that defendant Great American Federal Savings and Loan Association (“G.A.F.”) and the individual defendants, officers and directors of G.A.F. violated Title VII by discriminati...
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OPINION I. History of Case This is a diversity action for compensatory damages arising out of a motor vehicle collision which occurred on the Pennsylvania turnpike on January 4, 1976. An automobile operated by plaintiff, Albert York, was struck in the rear by a truck operated by defendant, Charles Adams, in the east bound lane of travel in Bedford County, Pennsylvania. On June 8, 1978, a jury ret...
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DECISION and ORDER This action is before me on the plaintiff’s motions for a preliminary injunction and for an order quashing an administrative inspection warrant and suppressing evidence obtained thereunder. The defendants have filed a motion to dismiss or alternatively for summary judgment. In this action, the plaintiff seeks declaratory and injunctive relief because of an allegedly imprope...
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MEMORANDUM OPINION This cause under the Truth in Lending Act is before the court on defendants’ amended motion for summary judgment and plaintiff’s motion for summary judgment as to all issues save those dealing with the award of attorneys’ fees. The undisputed facts are as follows: On January 5, 1976, plaintiff pawned a diamond ring with defendant Lindsey for $200.00. Plaintiff rece...
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MEMORANDUM OPINION This matter is before the court on defendants’ motion to dismiss or in the alternative for summary judgment. After careful consideration of the motion, briefs, affidavits, arguments of counsel, and applicable law, this court is of the opinion that there is no genuine issue as to any material fact, that the moving parties are entitled to judgment as a matter of law, and ...
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MEMORANDUM OPINION This action has been brought by a former employee of the Birmingham Board of Education who has asserted that his contract was improperly terminated by the Birmingham Board of Education. This Court has jurisdiction over this matter pursuant to Title 42 U.S.C. § 1983, Title 28 U.S.C. § 1331 and § 1343 and the First and Fourteenth Amendments to the United States Constitution. Th...
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MEMORANDUM OPINION This case, a class action suit on behalf of all inmates confined in the Arkansas Department of Correction, concerns the constitutionality of the practices and procedures at the several units of the Arkansas Department of Correction (ADC) and is now in its tenth year of litigation. Hearings were held in January, 1978, in a bifurcated procedure: due to a fear of recrimination b...
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The petitioner, John C. Green, was convicted of second degree murder in 1975. He contends, as he did in the state courts, that his conviction violated due process because the in-court identification of one of the state’s witnesses, David Terry, was tainted by an impermissibly suggestive pretrial confrontation between that witness and Green. For the reasons stated below, we agree that it was error ...
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MEMORANDUM OPINION AND ORDER This is a class action brought on behalf of all persons within the service area of the defendant Regional Transportation District (RTD) who have mobility handicaps which deny them the ability to use the mainline transit services provided by that defendant. Initially the plaintiffs moved to enjoin delivery and use of 213 new buses being acquired by RTD with federal f...
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MEMORANDUM OPINION AND ORDER This matter comes before the court on the SEC’s motion for an order requiring obedience to its subpoena duces tecum issued to Dresser on April 21,1978 and Dresser’s motion to quash the subpoena. The subpoena was issued in furtherance of an SEC investigation concerning the use of Dresser’s corporate funds in connection with questionable foreign payme...
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ORDER This matter comes before the court on the motion of defendant Epoch Producing Corp. for judgment on the pleadings. Plaintiff, the United States Library of Con*376gress, filed this suit in the nature of inter-pleader for a determination of the true rights of access and use possessed by the three defendants to certain film materials 1, which include an original print of the silent film The Bi...
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OPINION Introduction Plaintiffs in this case are two environmental organizations, National Resources Defense Council (NRDC) and Environmental Defense Fund (EDF), who are suing on behalf of their members. Defendants are the Director of the Bureau of Land Management, the Secretary of the Interior, and the Director of the United States Geological Survey. Intervening defendants are U...
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ORDER This diversity suit is brought by American Fletcher Mortgage Company (American Fletcher), an Indiana corporation which is seeking damages resulting from alleged breaches of contracts entered into for the acquisition, development, construction, and financing of The Woods Condominiums (Woods) in east Cobb County, Georgia. Plaintiff American Fletcher claims that it is entitled to colle...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The court, having heard the testimony of the witnesses for the parties in open court, having considered the documentary evidence and briefs of the parties, and otherwise being fully advised in the premises, hereby enters the following findings of fact and conclusions of law pursuant to Rule 52, Fed.R.Civ.P. and enters judgment thereon pursuant to Ru...
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*581 ORDER Plaintiff, Drovers Bank of Chicago (“New Drovers”) has filed a complaint in two counts seeking declaratory and equitable relief pursuant to 28 U.S.C. §§ 2201 and 2202, that certain certificates of deposit sold by its predecessor, Drovers National Bank of Chicago (“Old Drovers”) to defendants are in violation of Regulation Q of the Board of Governors of the Federal Rese...
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OPINION This is a civil action alleging violation of Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (Title III), 18 U.S.C.A. §§ 2510-2520, brought pursuant to 42 U.S.C.A. § 1983. Jurisdiction is invoked under 28 U.S.C.A. §§ 1331 and 1343. Pendent jurisdiction is also alleged over a claim brought pursuant to Mass.Gen.Laws Ann. ch. 272, § 99(Q). The plaintiffs in t...
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OPINION I This is a civil action brought by plaintiff Carlton W. Spencer, as Trustee in Bank*369ruptcy of Investment Fund, Inc. (IFI), a Massachusetts corporation. The following basic facts are agreed upon by all parties. On December 9, 1970, an involuntary petition in bankruptcy was filed against IFI, and the corporation was adjudicated a bankrupt on February 11, 1971. In the period immediately ...
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AMENDED OPINION AND ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR REHEARING Plaintiff, Jessie M. Schroeder, has moved for rehearing of that part of this Court’s August 19, 1977 decision dismissing her claim of age discrimination under the Michigan Fair Employment Practices Act (FEPA). Schroeder v. Dayton-Hudson Corp., 448 F.Supp. 910 (E.D.Mich.1977). In its opinion, the Court h...
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*653 OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS CLAIM In its August 19, 1977 opinion, granting in part and denying in part the defendant’s motion to dismiss, the court asked both parties for supplemental briefs directed to the question of the exclusivity of the Workers’ Disability Compensation Act for injuries resulting from the inten...
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MEMORANDUM ORDER On September 14, 1977, the plaintiffs commenced this action in the District Court of Hennepin County, Minnesota. The complaint alleged that the defendant had breached a hospital indemnity insurance contract and claimed contract damages in the amount of $4,900.00 and punitive damages in the amount of $100,000.00. On October 6,1977, the defendant, a Pennsylvania corporation...
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MEMORANDUM OPINION The court is presented with the motion of the Mississippi Department of Corrections and its Commissioner for the adoption of revised disciplinary rules and procedures applicable to inmates incarcerated at the state penitentiary and the approval of proposed booklet entitled Inmate Handbook Rules and Regulations. The revised disciplinary regulations are set forth in sixteen s...
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MEMORANDUM OF DECISION The plaintiff in this action is Reed-Joseph Company (hereafter “Reed-Joseph”). Plaintiff is a Delaware corporation with its principal place of business in Greenville, Washington County, Mississippi, where it operates a factory in which it manufactures grain bins and accessories useful in the operation of egg farms and other similar type operations. Defendant is...
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MEMORANDUM This suit alleges employment discrimination on the basis of religion. The Court has jurisdiction pursuant to § 706 of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5. Plaintiff has satisfied all the procedural prerequisites to suit under Title VII. Evidence was presented in this non-jury case both on plaintiff’s request for a preliminary injunction and on the issue of lia...
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OPINION AND ORDER Deborah L. Spain, widow and personal representative of the Estate of Howard Y. Spain, deceased, sues the United States under the Federal Tort Claims Act (28 U.S.C. § 1346(b)) to recover damages for his wrongful death. Spain was killed while training with the Montana National Guard. The death occurred as a result of a motor vehicle accident, and it is alleged that officers of the ...
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OPINION This is an action brought by two related political organizations, the Socialist Workers Party (“SWP”) and the Young Socialist Alliance (“YSA”), and members of these organizations, claiming that various agencies and officials of the federal government have violated plaintiffs’ constitutional and other legal rights. Plaintiffs have moved under Fed.R.Civ.P. 37(b)(2)(D) to adjudg...
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MEMORANDUM ORDER This action arises out of the collapse in 1974 of the Franklin New York Corporation, a holding company whose major or sole asset was the Franklin National Bank of Mineola, New York. The complaint was filed in the District Court for the District of Columbia on June 21,1977. The action was transferred to this court under 28 U.S.C. § 1406(a). An amended complaint was filed i...
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Memorandum Opinion This is an action by residents of various health care facilities in New York State. They claim that the transfer procedures among the various levels of health care facilities violate their constitutional right to due process of law. Specifically, plaintiffs allege that as regards transfers to facilities offering lower levels of care, the transfer process lacks adequate crit...
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ORDER I have considered Magistrate Sol Schreiber’s Recommendation herein, which I adopt in its entirety. Based on the Magistrate’s Recommendation, the following action is taken: Defendant’s motion for summary judgment is denied. Plaintiff’s motion for summary judgment is granted in part, pursuant to Rule 56(d), F.R.Civ.P.; defendant’s first, second, third, fourth, fifth and eigh...
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MEMORANDUM OF DECISION AND ORDER This is a suit by the University of North Dakota (University) to recover from the United States taxes alleged to have been erroneously and illegally assessed and collected by the Internal Revenue Service (IRS). Defendant has interposed a counterclaim. The matter was submitted to the court on a stipulation of facts and taken under advisement upon the filing of brief...
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MEMORANDUM OPINION In these three consolidated cases the Plaintiffs seek the cancellation of a portion of an oil and gas lease and a judgment for money damages for alleged offset drainage of said portion. The oil and gas leases of Plaintiffs, as to which partial cancellation is sought, cover a 240-acre tract of land in Section 8 and an adjacent 320-acre tract of land immediately south in Section ...
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ORDER This is an action on a promissory note executed by Defendants Burt Garland and Donald M. McKay in their capacity as general partners of Thirty-Thirty Partnership (hereinafter referred to as “Thirty-Thirty”), an Oklahoma limited partnership. It is asserted that this Court has jurisdiction of the action by reason of diversity of citizenship and amount in controversy. The matter is now...
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ORDER This is a negligence action arising from an accident on January 2, 1976 whereby Plaintiff was injured while riding an escalator at a Sears, Roebuck and Co. store in Oklahoma City. Plaintiff alleges that Sears was negligent in the operation and maintenance of the escalator. Sears has filed a Third-Party Complaint herein against Westinghouse Electric Corporation alleging that Westinghouse had...
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ORDER This is an action for breach of contract arising out of Defendant Orville Reynolds’ alleged breach of a loan application agreement. Plaintiffs allege that Reynolds and *561Plaintiff Tower Mortgage Corporation (Tower) entered into an agreement whereby Tower was to act as Reynolds’ agent in securing a mortgage loan commitment on certain real estate in Bryan County, Oklahoma. Plaintiffs allege...
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ORDER This is a wrongful death action brought by Plaintiffs as coadministrators of the estate of Jesse DeSota Daniels (decedent) which arises out of the death of decedent while he was a patient at the Eastern State Hospital in Vinita, Oklahoma. The allegations of the Complaint are briefly summarized as follows: that on July 25, 1976, Defendants James Murphy and M. C. Grundy, police office...
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MEMORANDUM Plaintiffs challenge the validity of a final partial decision and order of the defendant Secretary of Agriculture of the United States (Secretary) dated August 12, 1977, issued pursuant to an administrative rule-making proceeding, Docket No. AO-71A71, regarding Federal Milk Marketing Order No. 2 (7 C.F.R. 1002) which regulates the marketing of milk in the New York-New Jersey Marketin...
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MEMORANDUM AND ORDER Plaintiff, Henry DiGrazia, has brought an action asserting as a jurisdictional basis § 301(a) of the Labor-Management Relations Act of 1947 (Act), 29 U.S.C. § 185(a) (1970), which provides in relevant part: “Suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce as defined in this chapter, or betw...
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OPINION AND ORDER I. Preliminary Statement This opinion addresses a motion to approve a proposed settlement whereby the decree that we entered on July 11, 1974, Vecchione v. Wohlgemuth, 377 F.Supp. 1361 (E.D.Pa.1974) [hereinafter Vecchione I], will at last be implemented. The proposed settlement is opposed by three organizations and several individuals. The principal opposition comes from the Pen...
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MEMORANDUM The plaintiff, Daniel Dugan, Jr., brought suit against the City of Philadelphia, Police Commissioner Joseph F. O’Neill and John Kerrigan, a Philadelphia police officer, to recover damages for alleged violations of his constitutional rights under 42 U.S.C. §§ 1981-88. Before discovery was commenced the plaintiff stipulated to the dismissal of the City and Commissioner O’Neill. The case a...
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MEMORANDUM FACTS AND PROCEDURAL HISTORY This declaratory judgment action arises out of incidents occurring on the premises of Publicker Industries, Inc. (Publicker). On January 27, 1971, Shafiq Suleiman was discharged from his position with Publicker. On January 29, 1971, Suleiman returned to the premises of Publicker and shot Neil Wexler and Carol Dejewski, both employees of Publicker. As a re...
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MEMORANDUM In this action plaintiff Consolidated Aluminum Corporation, a directly served consumer of power of the Tennessee Valley Authority (TVA), seeks to enjoin a rate adjustment approved by the TVA Board of Directors (Board) on May 17, 1978, to become effective July 2, 1978. The adjustment was approved when the TVA Board determined that it was necessary to enable TVA to continue its p...
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MEMORANDUM OPINION AND ORDER The narrow issue presently before the court is whether the State of Utah may lawfully limit the funding of abortions provided to Medicaid recipients to those cases where the life of the mother would be endangered if an abortion is not performed. The undisputed facts of this case show that at the time the abortion giving rise to this action was sought, plaintiff wa...
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*1026TABLE OF CONTENTS ORDER PAGE Decision, Injunction and Order Re State Court Injunctions Preventing Enforcement of Certain Department of Fisheries Regulations (9/12/74) 1028 Order for Program to Implement Interim Plan (10/8/74, 11/21/74, 8/6/75 and 4/5/76) 1°35 Order Directing Prompt Notice to Fisheries Technical Adviser When Fishery Problems Arise (11/20/74) 1038 Decision re Quinault Fishery O...
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MEMORANDUM AND ORDER THIS CAUSE comes before the court on cross-motions “to establish the law of the case,” Felton’s motion to reconsider, and plaintiffs’ motion to publish depositions. This action was brought to recover damages for the death of Robert Lee Smith III. The factual basis for the action involves the drowning of Smith, age four years, in a partially waterfilled ditch exca...
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OPINION On February 22, 1977, plaintiff, Virgil E. McChristian, filed his current application for insurance benefits in which he stated that he became unable to work in August, 1975 because of “bad back, shoulders, bad right eye.” (Tr. 130-133). On the same date, he filed an application for supplemental security income (individual with spouse) under Title XVI of the Social Security Act. (Tr. 134-...
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MEMORANDUM-ORDER In this action, plaintiffs National Wildlife Federation, South Carolina Wildlife Federation, Sullivan’s Island, and Save the Wando Association, Inc. challenge the issuance of a permit authorizing the construction of a port terminal on the Wando River near Charleston, South Carolina.' Plaintiffs claim that defendants, in issuing the permit, violated, inter alia, the Federal Water P...
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MEMORANDUM OF DECISION In 1973 Marty’s Adult World of New Britain, Inc. [Marty’s] began efforts to open an establishment planned as a “health club” in New Haven. During the next two years, various New Haven city officials and a court clerk allegedly obstructed the opening of the health club, ultimately succeeding in forcing Marty’s to abandon its plans. Marty’s and plaintiff Velma Ross, a...
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MEMORANDUM OPINION This cause is before the Court on the motion of James E. Stephens, a federal parolee, to vacate his judgment of conviction and sentence pursuant to 28 U.S.C. § 2255 (1970). On June 10, 1972, a jury sitting in Orlando, Florida, found Stephens guilty of conspiracy to import, importation and possession of marijuana. Stephens declined to perfect an appeal but now seeks to set asi...
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OPINION On January 31, 1977, defendant-appellant, LCDR William Alexander Block, M.D., was stopped for speeding at the Naval Air Station in Jacksonville, Florida. By radar, Dr. Block was determined to be driving at least 40 m. p. h. more than 1,000 feet before a 40 m. p. h. speed sign. Dr. Block was ticketed for violating Fla.Stat. § 316.183, which together with Fla.Stat. § 316.187(1) prov...
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Memorandum This is an emergency motion for stay of an order which this court entered on June 22, 1978 directing defendants to issue to plaintiff, instanter, a permit that would allow him to hold a public assembly in Marquette Park in the city of Chicago, as requested by him in an application filed with the Chicago Park District April 28, 1978. Rule 8(a) of the Federal Rules of Appellate P...
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OPINION This civil action came before the Court for a non-jury trial on the issue of liability. Three of the original plaintiffs, Austin Ells, Roy Conrad, and George Spoon, Sr., died prior to trial. Their claims are being prosecuted by representatives of their estates. In addition, two of the original plaintiffs, Paul Scola and Matteo Militello, have withdrawn from the case at their own r...
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MEMORANDUM OF DECISION This action has been tried to the court without a jury and is now ripe for decision. At the conclusion of the trial, following argument of counsel, the court announced that a review of the authorities cited at oral argument would be beneficial to the court, and indicated that a bench opinion would be rendered at a later time while the court was sitting at Green...
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MEMORANDUM This matter is before the Court for a décision on the merits following a trial to the Court on alleged violations of 42 U.S.C. § 1981. Plaintiff alleges that, as a black, she was treated differently from white employees in that 1) she was denied access to the women’s washroom; 2) she was not assigned a parking space; 3) she worked in an office smaller and less attractive than others; a...
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OPINION Plum Creek Lumber Company (Plum Creek) owns and operates a lumber mill, a plywood plant, and a medium-density fiber board plant at a location near Columbia Falls, Montana. In the course of its operations it uses machinery which makes noise, and its processes emanate formaldehyde fumes which the employees breath in the normal course of their work. Excessive noise over extended periods of...
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OPINION Petitioners bring this action for issuance of a Writ of Habeas Corpus claiming a Constitutional defect arising out of a conviction for contempt of court. The contempt of court citations and convictions arise out of alleged violation of a temporary injunction issued upon an ex parte petition of the Public Service Company of New Hampshire (hereafter PSC). The order enjoined the petitioners ...
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MEMORANDUM ORDER Plaintiff, a black male, was the Director, Office of Equal Employment Compliance, Northeast Region, United States Postal Service from 1971 until April 1974. The position of General Manager, Equal Em *228 ployment Opportunity (“EEO”) Division, Northeast Region (“General Manager”) was newly created in 1973. The selection process to fill the above vacancy v/as a...
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MEMORANDUM AND ORDER Subsequent to the decision dated June 14, 1977, 432 F.Supp. 1037, of this Court and the judgment entered thereon by the Clerk on June 15, 1977, plaintiff by notice of motion dated July 14, 1977, returnable July 29, 1977, moved for an order awarding attorney’s fees “pursuant to the ancillary equitable power of this Court under the common benefit theory, and/or § 502(g) of the E...
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Petitioner Joseph A. Williams was originally arraigned on the charge of criminal possession of a dangerous drug in the fourth degree (former section 220.15 of the New York State Penal Law), a class D felony, in Supreme Court, Erie County, on May 4, 1973. He was represented at the arraignment by William Sims, Esq. On June 6, 1973, Julio Garcia, Esq., was assigned to represent petitioner on the pen...
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MEMORANDUM OF DECISION PRELIMINARY STATEMENT James A. Gunning, petitioner, was convicted by a jury in Gaston County, North Carolina, Superior Court on March 7, 1974, of felonious breaking and entering and felonious larceny. He was sentenced to ten years of imprisonment for breaking and entering, and five years’ imprisonment for larceny, the terms to be served concurrently- Gunning in this habeas ...
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MEMORANDUM OF DECISION AND ORDER Robert D. Keziah seeks habeas corpus relief from a two-year prison sentence imposed pursuant to his conviction in Union County Superior Court on a charge of assaulting a highway patrolman. Petitioner alleges that the fracas with the officer arose out of an illegal search and arrest; that he had a right to resist the attempted arrest; and that a conviction in the...
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MEMORANDUM AND ORDER This cause came to be heard upon plaintiff’s motion for the Court to enter a protective order pursuant to Rule 26(c)(5) of the Federal Rules of Civil Procedure designating who may be present when certain depositions are conducted. The depositions concerned are that of the plaintiff for which notice was served on December 6, 1977, and depositions of defendant Dorothy Doe (an un...
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ORDER This is an action in which Plaintiff seeks damages for Defendant’s alleged failure to properly handle a liability insurance claim. It is asserted that the Court has subject matter jurisdiction by reason of diversity of citizenship and amount in controversy pursuant to 28 U.S.C. § 1332. In its Amended Complaint, Plaintiff alleges that it was issued an oil operators legal liability in...
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OPINION This civil rights action arises out of an alleged series of brutal acts committed by Philadelphia policemen against the plaintiffs. The events set forth in the complaint span one and one-half years, from December 1975 to February or March 1977. The defendants have moved to dismiss. See Fed.R.Civ.P. 12(b). I. The Factual Allegations Plaintiffs are Dolor...
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MEMORANDUM OPINION On June 1, 1977, the United States filed an information charging defendant a juvenile with two violations of 18 U.S.C. § 1153, the Major Crimes Act. Defendant is a ju *1172 venile and an enrolled member of the Cheyenne River Sioux Tribe. The United States has charged that defendant committed a burglary and a larceny in the City of Eagle Butte, South Dakota....
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DECISION and ORDER There are two motions before the court. The defendant Milwaukee Cheese Company seeks partial summary judgment as to the first claim for relief brought by the plaintiff, and the defendants Robert H. Zwicky and Henry J. Zwicky have moved for summary judgment as to the second claim for relief. Both motions will be granted. MILWAUKEE CHEESE COMPANY’S MOTION The corporation se...
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MEMORANDUM OPINION Defendant Roger Ernest Wells, a minor, is an omnibus insured under his father’s automobile insurance policy issued by plaintiff. On March 8, 1974, Roger, while riding a motorcycle, was struck and injured by an automobile operated by one Willie Ross, an uninsured motorist. The policy contains uninsured motorist coverage. On February 7, 1975, defendant filed suit against Will...
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*139MEMORANDUM OPINION AND ORDER COMPELLING PRODUCTION This medical malpractice and negligence diversity action arises out of plaintiff’s treatment for a compound fracture of the left femur at the Gunnison County Public Hospital during June of 1974. Presently before the Court is plaintiff’s motion for an order compelling the production of an “Infection Control Report,” prepared by the hospital’s I...
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MEMORANDUM AND ORDER In these related removal actions from the Superior Court of DeKalb County, Georgia, the respective plaintiffs are seeking recovery of damages for defendant William F. McClure’s allegedly unlawful monitoring of a certain telephone conversation between the plaintiffs of March 9, 1977. Count one of both complaints alleges a cause of action for invasion of privacy. Count two al...
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ORDER Before the court are defendants’ motions for summary judgment of patent invalidity on the basis of obviousness, aggregation and overclaiming. Defendants have also moved to dismiss certain non-patent claims for lack of jurisdiction over the subject matter and for summary judgment on a remaining non-patent claim. The patent in suit, United States Patent No. 3,807,110, covers a multipurpose ro...
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MEMORANDUM OPINION AND ORDER Presently before the Court is plaintiffs’ motion 1 to disqualify this Court pursuant to 28 U.S.C. § 455(a) (Supp.1977). 2 Defendants have filed a response, and the Court heard extensive oral argument on the motion in open court. The crux of plaintiffs’ claim is that this Court, in the person of The Honorable Damon J. Keith, should re-cuse...
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MEMORANDUM AND ORDER Plaintiff James F. Antonio is a candidate for the office of State Auditor of Missouri. He brings this action as a citizen, voter and candidate, seeking an Order of this Court directing that he be certified by the Secretary of State to local election officials as a Republican candidate for that office at the August 1978 primary election. Plaintiffs J. Anthony Dill and Julian...
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MEMORANDUM AND ORDER This matter is before the Court upon the plaintiff’s motion for summary judgment [Filing # 4] and the defendant’s motion to dismiss [Filing # 7]. As the motion to dismiss goes to the subject matter jurisdiction of this Court, it will be discussed first. Motion to Dismiss Paul Allison, Inc. and the Minikin Storage Corporation entered into a construction contract callin...
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MEMORANDUM Kahlman Linker appears pro se in this suit under the Freedom of Information Act, 5 U.S.C. § 552 (“FOIA”). He seeks access to records allegedly withheld from him by *558the Securities and Exchange Commission (“SEC”). These documents concern a merger between Informatics, Inc. (“Informatics”) and Equimatics, Inc. (“Equimatics”), the latter a subsidiary of the Equitable Life Assurance Soci...
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MEMORANDUM This negligence and strict tort liability action was brought by the administratrix of the estate of Dean Z. Marantis, a New York resident who died in a Florida plane crash while piloting a Beechcraft “Musketeer” owned by the Sarasota Anti-Gravity Club. One of the named defendants, Beech Aircraft Corporation (“Beech”), has now moved pursuant to Rule 12(b)(2) of the Federal Rules...
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MEMORANDUM In 1974 the plaintiff owned 200 shares of Parklane Hosiery Company, Inc. (“Park-lane”), a publicly-held corporation the majority of whose shares were controlled by the defendant Herbert N. Somekh and certain members of his family. In that year plaintiff surrendered her shares for cash payment when Parklane “went private” pursuant to a plan of merger and stock repurchase. It was...
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MEMORANDUM ORDER This is an action to recover damages for personal injuries allegedly sustained by the infant plaintiff, Salvatore Sangeminio, when he was struck, while riding his bicycle, by a motor vehicle owned and operated by the individual defendant, Jack Zuckerberg, an Internal Revenue Officer. The accident occurred on April 25,1977, and this action was commenced against Zuckerberg ...
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DECISION This is a motion by defendants for a stay of this lawsuit pending an arbitration which has been demanded by defendants. *563 In this action, plaintiff James E. Fox seeks damages on account of the determination by defendant Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch) that Fox has forfeited his right to a pension from Merrill Lynch. Defendants’ applica...
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This is a diversity action which was transferred to this Court from the United States District Court for the District of Massachusetts. In their complaint, plaintiffs First Hartford Corp. (“Hartford”) and its wholly owned subsidiary, Forbes & Wallace, Inc. (“Forbes”), seek a declaratory judgment concerning the terms of a note of Forbes payable to defendant Chase Manhattan Bank (N.A.) (“Chase”), an...
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MEMORANDUM Plaintiff, Warren Frame, a retired employee of defendant, B. F. Goodrich Company (“Goodrich”), has filed this action pursuant to § 301 of the Labor Management Relations Act (“Act”), 29 U.S.C. § 185, alleging that Goodrich wrongfully withheld disability pension payments from him in violation of the Agreement on Employee Benefit Programs (“Agreement”) between Goodrich and the pla...
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MEMORANDUM AND ORDER In this diversity action, suit was brought against a New Jersey partnership, service of process being made under Pennsylvania’s Long Arm Statute. During trial, a motion amending the complaint in order to join one of the partners as a defendant was allowed. The jury found for the plaintiff and awarded her compensatory and punitive damages. Presently before the court is the ind...
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JOHN H. WOOD, Jr., District Judge. This is a Title VII 1 case remanded by the United States Court of Appeals for the Fifth Circuit, 2 for the District Court to reconsider an assessment of attorney’s fees against the EEOC in light of Christians-burg Garment Co. v. EEOC. 3 Only two *64 questions are presented on remand. First, was an...
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MEMORANDUM This matter is before the Court on defendants’ motion of 8 May 1978 for summary judgment. As the plaintiff’s responsive brief and the defendants’ rebuttal brief have both been filed, the matter is now ripe for disposition. Plaintiff in this case was enrolled in the Nursing Program at John Tyler Community College, a State educational institution in the fall quarter term of 1976. The...
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DECISION and ORDER This matter is before me on the government’s motion for entry of judgment of forfeiture and the defendant’s motion to set aside the forfeiture of a $1,000 bail bond posted to obtain the release from confinement of Joseph R. Hawpetoss. The defendant posted the bond on March 24, 1977, following his arrest for theft of personal property on an Indian reservation, in violation of 18 ...
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MEMORANDUM AND ORDER DENYING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT Defendant Standard Oil Company of California (SOCAL) brings this motion for partial summary judgment in its favor dismissing with prejudice all of plaintiffs’ claims for damages. After hearing on the matter and careful consideration of the briefs and *1152 arguments of counsel the court denies defend...
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MEMORANDUM This matter comes before the Court on defendant’s motion to dismiss on grounds of lack o'f subject matter jurisdiction and failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(1), (6). Upon consideration of the motion and plaintiffs’ opposition thereto, the Court has determined that the motion should be granted on the ground that plaintiffs have failed ...
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ORDER This matter comes before the court on cross-motions for summary judgment. The essential facts are not in dispute. It appears that plaintiff in the late 1960’s attempted to effect a merger with United Vintners. This merger attracted the attention of the F.T.C. due to the possible adverse effects on competition in the wine and distilling industry. The F.T.C. conducted preliminary and ...
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*1134 RULING ON MOTIONS TO DISMISS This case presents the question whether a former city employee who was dismissed from a position funded under the Comprehensive Employment and Training Act of 1973 [“CETA” or “the Act”], 29 U.S.C. §§ 801-992, without prior written notice and an opportunity to respond to charges, is entitled to a back pay remedy upon reinstatement to another CETA...
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ORDER ON CONTINENTAL’S MOTION TO DISMISS BECAUSE OF INVALIDITY OF INSURING CLAUSE Is an insurance policy that insures an employer against losses resulting from racially discriminatory practices under Title VII and 42 U.S.C. § 1981 violative of public policy? Contending that the insuring of employers against the consequences of violations of the. Civil Rights Acts serves to encourage acts of dis...
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MEMORANDUM AND ORDER These actions have been consolidated for purposes of disposition of pending cross motions for summary judgments. The parties have stipulated to the material facts. No genuine issue of material fact exists; therefore, the summary judgment motions of plaintiff and defendant are ripe for disposition. Plaintiff seeks to construct and operate a coal slurry pipeline fr...
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MEMORANDUM OPINION AND ORDER Alleging Virginia citizenship, Jana P. Usry, plaintiff in C.A. 76-2733, invokes the diversity jurisdiction of this court to pursue her “survival” and “wrongful death” actions, arising from the death of her husband following a one-car collision on the evening of September 8, 1975, against the defendant, denominated the “Louisiana Department of Highways” (Depart...
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MEMORANDUM AND ORDER In this libel action, 1 plaintiff Leonard Jenoff is seeking damages from the Hearst Corporation, which publishes The News American. 2 Plaintiff’s second amended complaint alleges in forty-six Counts that seven different stories which appeared in various editions of defendant’s newspapers between December 22 and December 31, 1974 and on...
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MEMORANDUM In state court, the plaintiff Capitol Cake Company, a fruit cake baker, sought to recover approximately $60,000 lost when raisins purchased “C.I.F.” 1 from a seller on Crete were rejected for entry in to the United States by the U. S. Department of Agriculture. The plaintiff alleges in Counts I and II that Lloyd’s Underwriters and Cledwyn Ford, a representative of “S...
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MEMORANDUM This is a challenge to the constitutionality of section 202(a) of the Anne Arundel County Charter, which requires that candidates for the elected office of county councilman have been county residents for at least four years before the date of the general election. 1 Plaintiff contends that the charter provision denies him equal protection and infringes impermissibly upon his const...
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This appeal from the Bankruptcy Court requires a determination of the relative rights and priorities of various parties in certain improved real property known as Brentwood Towers. The debtor is Urban Development Company and Associates (hereafter UDCA) whose sole general partners are Joel Y. Zenitz and Alvin E. Greenfeld. Claiming prior rights to the property are the appellant, Associated Devel...
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MEMORANDUM AND ORDER This quiet title action concerns the validity of a 1912 township order that purported to establish a town road, the existence of which is at issue here. Plaintiff United States, which recently purchased land through which the town road passes, claims the road was never validly established under Minnesota law. Defendant township, of course, disputes this assertion. Both partie...
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OPINION Defendant AETNA INSURANCE COMPANY (hereafter AETNA) moves for dismissal of Count II of its complaint adding a claim of liability for an additional piece of equipment. FACTS The undisputed facts show that defendant HENRY B. BYORS & SON INC., (hereafter BYORS) contracted with the United States to do certain work at Pease Air Force Base, Portsmouth, New Hampshire. Two (...
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MEMORANDUM OPINION AND ORDER This is a petition for a writ of habeas corpus on the ground of ineffective assistance of counsel. Petitioner claims that there was a conflict of interest among the three co-defendants and that their joint representation by a single attorney violated his Sixth Amendment rights. On August 24, 1977 this court issued an opinion- setting forth the relevant facts. The court...
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MEMORANDUM AND ORDER On September 25, 1978 International Business Machines Corporation, defendant in this civil antitrust action, offered into evidence approximately 500 documents, including Defendant’s Exhibits 5515 through 5598 marked for identification. 1 The United States of America, plaintiff in this action, raised no objection to the receipt of the exhibits into evidence, but applied to...
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Defendant has moved this court for an order directing plaintiff to state the issues which it claims remain in this case or for the court itself to specify the issues in this case. Defendant argues that if this motion is denied it “will be prejudiced in the most fundamental way in the conduct of its defense.” 1 This argument is predicated upon defendant’s contention that there have been “many new m...
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ORDER The present action is before the Court upon defendant’s motion to dismiss or, in the alternative, to transfer to the United States District Court for the Western District of Pennsylvania pursuant to 28 U.S.C. § 1406(a). Upon consideration and for the reasons stated below, said motion shall be granted in part and this action shall be transferred to the United States District Court fo...
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MEMORANDUM OPINION In this action plaintiff seeks to establish title in itself to Lots 2 and 3, Section 28, Township 10 North, Range 25 East, which land is presently situate approximately a quarter of a mile east of the left bank (looking downstream) of the Arkansas River, or in other words, east of the river on the Sequoyah County side in Oklahoma. At the time of the original United Stat...
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ORDER DISMISSING ACTION This action is before the court on a motion by defendants to dismiss. A brief has *897 been filed in support of the motion and plaintiffs have submitted a response opposing the motion. This is an action by 160 employees of the McAlester Naval Ammunition Depot at McAlester, Oklahoma, and their union, AFGE Local 2815, to recover overtime wages under the Fair Labor Stan...
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MEMORANDUM This race discrimination case, brought under Title VII of the Civil Rights Act of 1964, was tried before the Court, sitting without a jury, from May 4 to May 9,1978. Closing arguments were heard on May 9, 1978. The parties filed with the Court proposed findings of fact and conclusions of law, and the case is now ready for decision. FINDINGS OF FACT . The plaintiff in ...
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*58 MEMORANDUM This suit was brought to recover damages for hotel rooms engaged but not occupied. The matter is presently before the court on Loyal Travel’s motion for a new trial and for judgment notwithstanding the verdict. Plaintiff’s Valley Forge Hilton Hotel is located near Philadelphia. In 1976, it was expected that 48 million visitors might come to the Philadelphia area in celebratio...
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OPINION AND ORDER ON MOTION TO DISMISS This action involves an attempt to garnish any refund for taxes owed by the *554 Garnishee, United States, to the Defendant in garnishment, William T. Enfinger. The case was removed from the Superior Court of Muscogee County, Georgia, pursuant to 28 U.S.C. § 1442(a)(1). On February 28,1978, a summons of garnishment was issued by the...
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MEMORANDUM OPINION On February 12,1976, petitioner filed this suit for a writ of habeas corpus alleging that his conviction in state court violated his rights under the Fifth, Sixth and Fourteenth Amendments to the United States Constitution. On October 13, 1977, we granted respondents’ motion for summary judgment with respect to all issues raised by petitioner, except his contentions that his rig...
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OPINION Plaintiff brought this action seeking damages and injunctive relief for defendants’ alleged violations of trademark, patent, copyright, and unfair competition laws and for breach of contract. Defendants Roberts Manufacturing Co., Inc. and Melvin Duklewski have moved to dismiss the complaint for improper venue; defendant Duklewski has moved to dismiss for lack of personal jurisdict...
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MEMORANDUM On May 7, 1975, the defendant was driving a white and green Dodge automobile on the streets of Blair, Nebraska. An officer of that town’s police department attempted to pull Goodloe’s car over to the side of the road. His efforts were unsuccessful and a high speed chase took place before the petitioner was taken into custody. Goodloe was subsequently charged with, inter alia, a t...
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This is a diversity action alleging that the negligence of the driver of a bus owned by tl»e defendant, Greyhound Lines, Inc., caused damages to the plaintiffs. On December 16, 1974 plaintiffs Pax and Denese Moren were passengers on a bus which had an accident in the vicinity of Minden, New York. Mr. and Mrs. Moren are citizens and domiciliaries of the Republic of South Africa. The action was inst...
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MEMORANDUM DECISION This petition for a writ of habeas corpus is brought by Frank A. Lopez as attorney and next friend of Carmen Garcia, a state prisoner presently serving a term of fifteen years to life and a concurrent term of three years after being convicted of criminal possession of a dangerous drug in the first and fourth degrees (simple possession and possession with intent to sell)1 after ...
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OPINION This is an action brought by Jones & Laughlin Steel Corp. (J&L) to recover damages resulting from certain defects in the roof of its steel plant in Hennepin, Illinois. Plaintiff contends that it will be necessary to replace the roof at a cost of about 3.7 million. Presently before the Court are seven motions for summary judgment or partial summary judgment filed by various defenda...
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453 F.Supp. 1116 (1978) Rita GANS and Bernard Gans, on behalf of themselves and all others similarly situated, Plaintiffs, v. FILMWAYS, INC., Bloch, Richard L., Nolan, L. Douglas, Grunburg, Robert A., Feldman, Edward S., Schier, Walter C., Roth, Harold, Manheimer, Lawrence H., Katz, Jack J., Pitt, Donald, di Scipio, Alfred, Union Fidelity Corporation, Dozor, Harry T., Cooney, John M., Harmon, Jam...
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OPINION Bih Jing Jeng, on his own behalf, and in his capacity as administrator of the estate of his deceased wife, Su-Jen Jeng, brought this diversity suit to recover damages for injuries he sustained, and for the death of his wife, resulting from a motor vehicle collision which occurred around 9:30 p. m. on August 23, 1969. Bih Jing Jeng and his wife, hereinafter referred to as Plai...
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MEMORANDUM OPINION These consolidated actions were brought by Plaintiffs and Intervenors seeking judicial review of adverse decisions of the Secretary of the Interior. In each case, the jurisdiction of this Court is invoked under 28 U.S.C. § 1331(a); the Administrative Procedure Act, 5 U.S.C. §§ 701-706; the Federal Declaratory Judgment Act, 28 U.S.C. § 2201 et seq.; and the Federal ...
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MEMORANDUM In this action, the Federal Trade Commission (FTC) claims that Lukens Steel Company (Lukens) and the United States Steel Corporation (U.S. Steel) violated the cease and desist order issued by the FTC in American Iron & Steel Institute, 48 FTC 150 (1951). The FTC requests, pursuant to sections 5(l), 5(m), and 16(b) of the Federal Trade Commission Act (FTC Act), 15 U.S...
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OPINION Hector Vasquez, a state prisoner, has filed an amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1970).1 Respondent filed an answer2 and both parties briefed the issues presented by the petition. Oral argument was heard on March 27, 1978. Petitioner was indicted in the Delaware Superior Court for first degree murder, a violation of 11 Del.C. •§ 636 (1974). After a ...
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ORDER DENYING MOTION TO QUASH This cause arose upon the motion of plaintiff to quash the subpoena duces tecum issued John H. Rockel and the notice of deposition directed at him. The court, having carefully considered the record, finds and concludes that the motion should be denied. Plaintiff asserts that under Pennsylvania law, John Rockel, a certified public accountant, may invoke the accountant...
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On March 25, 1977, a judgment was entered in this case ordering Capitol Indemnity Corporation (sometimes referred to in the record, and also in quotes in this opinion as Capital Indemnity Company), to forfeit a $15,000 appearance bond which it had allegedly posted with the Clerk of this Court on behalf of the defendant, William Bayless Bussey. Capitol now moves the Court to vacate that Judgment of...
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453 F. Supp. 787 (1978) SUN OIL COMPANY OF PENNSYLVANIA v. Louis L. GOLDSTEIN, Comptroller of Treasury of State of Maryland, Francis B. Burch, Attorney General of Maryland and Sandra A. O'Connor, State's Attorney of Baltimore County. Civ. A. No. N-77-1960. United States District Court, D. Maryland. June 23, 1978. *788 Thomas D. Washburne, Baltimore, Md., and Milton Eisenberg, Francis J. O'Toole a...
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OPINION This matter has been renewed following a determination by the Nuclear Regulatory Commission (NRC) that institution of agency proceedings against defendants, as requested by plaintiffs pursuant to 10 CFR § 2.206, was not appropriate. I stayed this case on January 19,1978 pending action by the NRC. In light of the NRC’s determination it is now proper to remove the stay and proceed. ...
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MEMORANDUM Randolph Joseph X. Greene has filed a petition in this District Court seeking, in the alternative, a writ of error coram nobis or federal habeas corpus pursuant to 28 U.S.C. § 2255. Petitioner is presently serving a twenty year prison term imposed by the Eastern District of Virginia on July 25, 1969. Petitioner was sentenced by the Eastern District of Missouri to two years imprisonment ...
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MEMORANDUM This is an action to review a decision of the Food and Nutrition Service of the United States Department of Agriculture. The Court has jurisdiction pursuant to 7 U.S.C. §§ 2020 and 2022. The case was tried without a jury and the Court has carefully reviewed the entire record. The following discussion constitutes the Court’s findings of fact and conclusions of law. The center of this co...
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MEMORANDUM AND ORDER Defendants (partners in a firm of attorneys located in New Jersey) move to dismiss this diversity action for lack of jurisdiction, asserting that because one of the partners, Jerome C. Eisenberg (“Eisenberg”) is a domiciliary of the state of New York, as is plaintiff, diversity of citizenship does not exist. 1 Plaintiff cross-moves to drop Eisenberg as a pa...
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OPINION These actions all concern defendant Sun Company’s purchase, over several days in January, 1978, of approximately 34% of the outstanding common stock of Becton, Dickinson & Co. from about 33 individuals and institutions. The primary question raised by these cases is whether defendants’ activities violated §§ 13(d), 14(d) and 14(e) of the Securities Exchange Act of 1934, as amended, 15 U.S....
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OPINION Plaintiffs Albert Schwartzberg and Sigmund Lefkowitz, owners and operators of two licensed health care facilities located in the Bronx, have brought this action to enjoin federal defendants Joseph Califano and Jacqueline G. Wilson, as well as state defendants Barbara Blum, and others 1 from terminating the facilities’ participation in the Medicare and Medicaid programs pending an admi...
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MEMORANDUM ORDER Canadian Marine Underwriters Ltd. (“Canadian”) and CNA Assurance Company Inc. (“the moving defendants”), seek an order dismissing plaintiffs’ complaint on the grounds (1) that this court does not have personal jurisdiction over them; and (2) that service of process was improper and therefore void. Plaintiff China Union Lines, Limited (“China Union”), a Republic of Ch...
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MEMORANDUM Plaintiff Robert Heller Associates, Inc. (“Heller”) has brought this antitrust action against the Sperry Univac Division of Sperry Rand Corporation (“Univac”), alleging that Univac, through the “exercise of its dominance and control over plaintiff,” forced the plaintiff to execute maintenance contracts with Univac for computers leased by Heller from Univac. Heller asks this Court to dec...
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MEMORANDUM Plaintiff Salwen Paper Company, Inc., Profit Sharing Retirement Trust (“Sal-*132wen”) has moved herein for an order pursuant to Rule 15 of the Federal Rules of Civil Procedure (“Rules”) permitting plaintiff to serve an amended complaint in this action in the form annexed to its moving papers (Exh. A). Since, as will appear hereinafter, this motion is addressed to the Court’s discretion...
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OPINION I. History of Case Plaintiffs, United Steelworkers of America, and others, instituted an equity action seeking injunctive relief in the Court of Common Pleas of Allegheny County, Pennsylvania, against defendant, Fort Pitt Steel Casting, Division of Conval-Penn, Inc., Division of Conval Corporation. The state court enjoined defendant “from doing any act which would ter...
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MEMORANDUM AND ORDER Presently before the Court is an appeal from the July 13, 1976, order of the bankruptcy court, pursuant to Rule 801 of the Rules of Bankruptcy Procedure, which dismissed the application of Botany Industries, Inc. (“Botany”), and Michael Daroff for the removal and surcharge of the late Max Robb (“Robb”), the former trustee of all the bankrupt companies in this litigati...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter was tried in Columbia, South Carolina on June 12, 1978 without a jury. The suit is brought under Title VIII of the *29 Civil Rights Act of 1968, 42 U.S.C. § 3601 et seq. and also under 42 U.S.C. § 1982. The plaintiffs are husband and wife and at the times mentioned in the complaint plaintiff Roland Bradley was a sergeant in the Unit...
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STATEMENT OF REASONS FOR PRELIMINARY INJUNCTION Pursuant to the mandate of Rule 65(d), Fed.R.Civ.Proc., this Court states herein its reasons for the preliminary injunction issued on June 21, 1978. These findings of fact and conclusions of law are made solely for the purpose of determining the plaintiffs’ rights to obtain preliminary injunctive relief pursuant to Rule 65, Fed.R.Civ.Pr...
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The Government brings this action to recover on a promissory note executed by the defendant and one Joyce Cardinal, now deceased. Defendant filed original and amended answers with counterclaims and affirmative defenses, one of which alleged that the Government’s action is time barred. The Government responded with a motion to dismiss and to strike portions of defendant’s answer. On November 10,...
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453 F. Supp. 59 (1978) William Keith HOPKINS and Kenneth M. Lewis, Plaintiffs, v. Billy J. DOLINGER, Defendant. Civ. A. No. 78-0040-A. United States District Court, W. D. Virginia, Abingdon Division. June 23, 1978. *60 James P. Jones, Penn, Stuart, Eskridge & Jones, Bristol, Va., for plaintiffs. Stuart B. Campbell, Wytheville, Va., for defendant. MEMORANDUM OPINION AND ORDER GLEN M. WILLIAMS...
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This is an appeal from a decision of the bankruptcy court. Kurt W. Zahn and his wife, Anna Zahn, filed a voluntary petition in bankruptcy on November 20,1975. They owned a farm valued at $141,000 which was their homestead, and which the trustee in bankruptcy sold free and clear of liens for an amount in excess of $25,000. The bankrupts claimed a homestead exemption in the amount of $25,000 purs...
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DECISION and ORDER This case is before me on cross-motions for summary judgment. The case stems from a request that had been made by the plaintiff on May 19, 1976, that pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, the Department of Defense publicly disclose the best available intelligence estimates of Soviet naval force levels for 1975, 1979, 1980 and 1985 for (a) mi...
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DECISION AND ORDER This is an action brought by patients at Central State Hospital pursuant to 42 U.S.C. § 1983, challenging the constitutionality of the hospital’s visitation policies. The Court entered an order on March 8, 1977, granting the plaintiffs’ motion for partial summary judgment, and on July 28, 1977, the Court entered an order awarding attorney’s fees to the plaintiffs. Final judgment...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT 1. HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT is a Union High School District organized and existing by virtue of the laws of the State of California, and is authorized by its Board of Trustees to bring this suit. 2. CONTINENTAL INFORMATION SYSTEMS CORPORATION (hereinafter referred to as “CIS”) is a New York corporation, authorized t...
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453 F. Supp. 508 (1978) UNITED STATES of America and Joseph R. Rouleau, Special Agent of the Internal Revenue Service, Petitioners, v. Gideon GOLDMAN, Certified Public Accountant, Respondent. No. CV-78-1618-RMT. United States District Court, C. D. California. June 22, 1978. *509 Andrea Sheridan Ordin, U. S. Atty., Charles H. Magnuson, Asst. U. S. Atty., Los Angeles, Cal., for petitioners. Ben Wei...
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MEMORANDUM This action is presently before the Court on motions by all defendants to dismiss on grounds of immunity. The Court has already summarized the factual allegations of the complaint in its January 9, 1978 Memorandum Opinion dealing with venue and service of process objections raised by various defendants. 77 F.R.D. 425. As presently constituted, this action involves a claim ...
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MEMORANDUM This is an action brought pro se by the plaintiff under the Freedom of Information Act (FOIA), 5 U.S.C. § 552 (1976), against the Department of Justice and the Federal Bureau of Investigation (FBI). By letter of June 5, 1975, plaintiff, who is presently incarcerated as a result of his conviction for bank robbery, requested from the Department of Justice the “entire i...
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OPINION This opinion treats the latest in a series of stay motions filed by defendant Delaware State Board of Education (“State Board”). 1 The instant stay motion seeks a stay of the denial of a permanent injunction which had been requested to preclude the New Castle County Planning Board of Education (“NCCPBE”) from “fixing, levying or collecting a local tax for current operating expenses in...
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ORDER AND MEMORANDUM OPINION This matter is pending on the motion of the United States for summary judgment. Plaintiffs’ decedents were killed when the vehicle in which they were riding overturned. It is alleged, and for the purposes here it will be assumed, that the vehicle failed to meet the safety standards required by the Federal Coal Mine Health and Safety Act, that the roadway ...
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MEMORANDUM ORDER This matter comes before the court on the motion of defendant and third-party plaintiff International Harvester Company pursuant to Rule 56 of the Federal Rules of Civil Procedure for an order for summary judgment with respect to plaintiff Anne Wagner’s claims. Anne Wagner’s claims all arise out of her marriage to Charles Wagner and consist of “loss of consortium, me...
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MEMORANDUM Plaintiffs’ motion to consolidate was referred to the Honorable Nina Gershon for a report and recommended decision. Magistrate Gershon’s Report and Recommendation of May 18, 1978, proposes and explains that the motion should be granted in full. No objection to that recommendation has been filed. The court, having reviewed the motion papers and the recommended decision, agrees in full wi...
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MEMORANDUM ORDER An individual pharmacist, a physician, a consumer patient, and the Pharmaceutical Society of the State of New York seek to enjoin the implementation of Chapter 776 of the Laws of 1977 of the State of New York. The challenged statutes, which became effective on April 1, 1978, provide that under certain circumstances pharmacists are to furnish to consumer-patients less expe...
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MEMORANDUM AND ORDER This is a motion brought by Gail Benson and S. Allen Early (“the movants”), attorneys from Detroit, Michigan, to quash, on the grounds of attorney-client privilege, subpoenas directing them to give testimony before a grand jury in this district. On November 18, 1977, Gloria Roe, Sandra Jones and Harold Morton were arrested for the unlawful importation of heroin into the U...
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OPINION The facts in this case have, to a large extent, been discussed in our prior opinion and order of November 17, 1977, on the class certification. In discussing the pending summary judgment motions filed by Defendants Thorofare and Teamster Local Union 635, we will add only those facts which have been established by the affidavits filed since that opinion. The severance pay and pension cla...
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MEMORANDUM Petitioners James Kirchner and Kenneth Shalom Millrood were tried and convicted in the Court of Common Pleas of Lancaster County, Pennsylvania upon the charge of possession with intent to deliver marijuana and conspiracy in violation of 35 P.S. § 780 — 113(a)(30). They were sentenced to a period of incarceration and fined. Both have filed petitions for writs of habeas corpus pursuant...
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MEMORANDUM OPINION Plaintiffs are two mentally disabled individuals who reside at Western Center, a state operated facility for the care and treatment of the mentally retarded located in Cannonsburg, Pennsylvania. Their complaint alleges that on July 30,1977, defendants Jones and Hampson, two mental retardation aides employed at the Center, physically dragged plaintiffs across the floor o...
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DECISION AND ORDER This is a maritime personal injury action arising under 33 U.S.C. §§ 901-905. The plaintiff Donald McGuire was injured on October 8, 1975, when he fell from a ladder into the hold of a ship on which he was engaged in lashing cargo. The defendant Lykes Bros. Steamship Co., Inc., (“Lykes”) is the owner of the ship in question. The defendant Hansen Seaway Service, Ltd., (“Hansen”)...
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MEMORANDUM AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This matter is before the court on cross-motions for summary judgment. After considering the pleadings and the memoranda of law submitted by both parties as well as the oral argument heard on May 22, 1978, the court determines that plaintiff’s motion for summary judgment should be granted and defendant’s motion for summary ju...
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452 F. Supp. 1335 (1978) UNITED STATES of America, Plaintiff, v. John PINER and Salvatore Gallina, Defendants. No. CR 78-0023 WWS. United States District Court, N. D. California. June 21, 1978. *1336 G. William Hunter, U. S. Atty., Floy E. Dawson, Asst. U. S. Atty., San Francisco, Cal., for plaintiff. Kim LaValley, San Francisco, Cal., for John Piner. Joel A. Shawn, Kipperman, Shawn, Keker & ...
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452 F. Supp. 1331 (1978) Evelyn HIGGINS et al. v. Cleveland FUESSENICH, Individually and as Commissioner of the Connecticut State Police, et al. Civ. No. H-209. United States District Court, D. Connecticut. June 21, 1978. David N. Rosen, Rosen & Dolan, New Haven, Conn., for plaintiffs. Edward J. Foley, Gordon, Muir & Foley, Jon S. Berk, Chester J. Bukowski, Jr., Hartford, Conn., for defen...
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OPINION This civil rights class action, spawned by the controversial proposal of the defendant Wilmington Medical Center to relocate the bulk of its urban hospital services to a suburban location, is presently before the Court on cross-motions for partial summary judgment filed by the defendant Secretary of Health, Education and Welfare and by the plaintiffs. 1 These motions we...
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OPINION with FINDINGS OF FACT and CONCLUSIONS OF LAW This is a consolidated action arising out of the May 16,1974, crash of a Piper Cherokee airplane at the Wicomico County Airport near Salisbury, Maryland. Just as the plane left the ground upon take-off, it was struck in the rear by a jeep that was owned by the United States and driven by a Government employee. Before the pilot was able ...
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OPINION with FINDINGS OF FACT and CONCLUSIONS OF LAW This case is part of a consolidated action arising out of the May 16, 1974, crash of a Piper Cherokee airplane at the Wicomico County Airport near Salisbury, Maryland. Just as the plane left the ground upon *130 take-off, it was struck in the rear by a jeep that was owned by the United States and driven by a Government empl...
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OPINION with FINDINGS OF FACT and CONCLUSIONS OF LAW This case is one-third of a consolidated action arising out of the May 16,1974, crash of a Piper Cherokee airplane at the Wicomico County Airport near Salisbury, Maryland. Just as the plane left the ground upon take-off, it was struck in the rear by a jeep that was owned by the United States and driven by a Government employee. Before t...
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OPINION Pursuant to the Civil Rights Attorney’s Fee Awards Act of 1976, Pub.L. No. 94-559 [hereinafter “1976 Act”], plaintiff has moved for attorneys’ fees and expenses incurred in the successful litigation of this action. In an earlier opinion, this court held that defendants had infringed plaintiff Aumiller’s first amendment rights in failing, to renew his^teaching contract “because of ...
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MEMORANDUM AND ORDER This case was tried before a jury and the jury returned a verdict in favor of plaintiffs. The cause now comes on upon the motion of defendant to set aside the verdict for plaintiffs and for a judgment non obstante veredicto in accordance with defendant’s previous motion for a directed verdict or, in the alternative, for a new trial. The court has read and c...
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ORDER This is an action for the alleged breach of an escrow agreement by the Defendant as escrow agent. It is asserted that this Court has jurisdiction of the matter pursuant to 28 U.S.C. § 1345 and 12 U.S.C. § 1819. Pursuant to the parties’ waiver of trial by jury, the action will be tried to the Court sitting without a jury. The matter is now before the Court for consideration of Plaintiff’s Mo...
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452 F.Supp. 606 (1978) Kathleen M. DZADOVSKY, Plaintiff, v. LYONS FORD SALES, INC. and Capitol Consumer Discount Co., Defendants. Civ. A. No. 77-349. United States District, W. D. Pennsylvania. June 21, 1978. *607 James W. Carroll, Jr., Pittsburgh, Pa., for plaintiff. Donnell D. Reed, Pittsburgh, Pa., for Capitol Consumer Discount Co. William S. Webber, Pittsburgh, Pa., for Lyons Ford Sales, Inc....
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OPINION This civil action presents a challenge to section 443.1 of the Pennsylvania Public Welfare Code, as amended, Pa.Stat.Ann. tit. 62, § 443.1 (Purdon Supp.1978), which imposes certain limits on medical assistance benefits payable for inpatient care in a private psychiatric hospital. John Doe, the pseudonymous plaintiff, is presently an inpatient at the Institute of Pennsylvania Hospi...
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MEMORANDUM In an opinion dated December 23, 1977, this Court held that the constitutional and *869 statutory rights of the retarded at Pennhurst State School and Hospital (“Pennhurst”) had been, and are being, violated. In an order dated March 17,1978, the Court entered a judgment order mandating the appropriate relief. On April 11, 1978, the Philadelphia Defendants filed a notice of appeal. ...
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MEMORANDUM In this action the plaintiff, William L. Stanley, filed a pro se complaint with a District Justice in Levittown, Bucks County, Pennsylvania. In his complaint, filed against the Veterans Administration and Gary and Barbara Kohler, the plaintiff alleges “faulty workmanship done on roof of home at 23 Crimson King Lane.” On behalf of the Veterans Administration, the United States Attor...
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*889 MEMORANDUM The Defendant, Thomas J. Gillen, along with James J. Tedesco, was charged with engaging in a conspiracy to fix, stabilize and maintain prices of anthracite coal in unreasonable restraint of interstate trade and commerce in violation of Section 1 of the Sherman Act. (15 U.S.C. 1). Gillen elected to be tried by the Court without a jury and the trial began on January...
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MEMORANDUM This is an action based upon an alleged violation of Section 10(b) of the Securities Exchange Act of 1934 (“the 1934 Act”), 15 U.S.C. § 78j, and Rule 10b-5 promulgated pursuant thereto. 17 C.F.R. § 240. The plaintiff alleges that because of misrepresentations made by the defendants, he purchased less stock in the Crum Insurance Agency than he was entitled to purchase under a binding sh...
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MEMORANDUM This case is before the Court on plaintiffs’ motion to compel discovery. Plaintiffs Anthony T. Zerilli and Michael Polizzi bring this action under the Privacy Act, 5 U.S.C. § 552a (1976), against the Attorney General of the United States, the Director of the Federal Bureau of Investigation (FBI), and the Department of Justice. Plaintiffs contend that, during criminal proceeding...
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ORDER AND MEMORANDUM The jurisdiction of this court is invoked pursuant to the provisions of Title 28, Section 1343(3) and is authorized by Title 42, Section 1983 of the United States Code in that plaintiff sues to redress the deprivation, under color of the laws and statutes of the State of Indiana, of rights, privileges and immunities secured by the Fourteenth Amendment to the Constitut...
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453 F.Supp. 774 (1978) Christ ROUSSEFF, Plaintiff, v. DEAN WITTER & CO., INC., Defendant. Civ. No. F 75-128. United States District Court, N. D. Indiana, Fort Wayne Division. June 20, 1978. *775 *776 Martin T. Fletcher, David Travelstead, Fort Wayne, Ind., for plaintiff. Thomas W. Yoder, Edward L. Murphy, Jr., Fort Wayne, Ind., for defendant. MEMORANDUM OF DECISION AND JUDGMENT ORDER ESCHBAC...
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MEMORANDUM OPINION This matter is before the Court on motions to dismiss or, in the alternative, motions for summary judgment filed by defendants, Sears, Roebuck & Company, Globe Union, Inc., and the United States of America. This civil action arose out of the transportation and subsequent sale of allegedly stolen batteries, in violation of Title 18, U.S. Code, Sections 2 and 2314. The original c...
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OPINION Petitioner Floyd Graham applies for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. In 1973, petitioner was convicted in Supreme Court, Bronx County, of robbery in the first degree and possession of a weapon as a felony, both crimes arising out of the armed robbery of a Bronx tavern in August 1972. The Appellate Division modified the conviction but affirmed it in relevant part, two...
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OPINION Plaintiffs, black and hispanic persons seeking supervisory positions in the New York City school system, commenced this suit challenging the examinations used in licensing New York City school superintendents in September, 1970. The ensuing eight year litigation marathon has now reached its terminal phase. Now before the Court are proposed orders which would grant permanent constructive s...
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MEMORANDUM ORDER Plaintiff, a shareholder of Bulova Watch Co., Inc. (“Bulova”), filed this derivative action on behalf of Bulova alleging violations by defendants Gulf & Western Industries, Inc. (“Gulf”) and Stelux Manufacturing Co. (“Stelux”) of the Sherman Antitrust Act, the Gorman-Wilson Tariff Act, the Clayton Act, Title 15, U.S. Code, and common law fiduciary duties owed to Bulova. J...
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MEMORANDUM ORDER This action is before me on plaintiff United States’ motion seeking summary judgment in an action alleging violation of laws for the “protection of waters” and “regulation of navigation and navigable waters.” I have determined, as appears below, that there is no substantial controversy with respect to certain material facts, and that they shall be deemed established pursuant ...
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ORDER ON MOTIONS FOR SUMMARY JUDGMENT This action has been submitted to the court for a determination on motions for summary judgment. Plaintiff filed a written motion on March 1,1978 and defendant orally moved for summary judgment during the pretrial conference held on March 8, 1978. The parties have filed briefs and exhibits in support of their motions. Plaintiff seeks a declarator...
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MEMORANDUM AND ORDER Defendants Jeffrey A. Borish (“Borish”), Samuel Ber Ginsberg (“Ginsberg”), Paul E. Justice (“Justice”), and Bernard Harry Krik (“Krik”) are charged in a 55-count indictment 1 with the making, or the aiding and abetting of the making, of materially false statements in FHA Form 2700b, the monthly Broker’s Report of Disbursements and the accompanying invoices and payroll vou...
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MEMORANDUM ORDER For purposes of facilitating discovery on damages and settlement negotiations, the defendant has asked this court to rule on any possible time limit applicable to liability for damages as determined in our earlier opinion, D.C., 449 F.Supp. 397. Title VII, the general statute prohibiting discrimination on the basis of (inter alia) sex, became effective on July 2, 1965. Plaintif...
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DECISION AND ORDER The present is an action for trademark infringement and unfair competition. 15 U.S.C. 1114, 1121. In essence, Plaintiff alleges that the Defendant has unlawfully violated his trademark rights by affixing counterfeits of his trademarks to products that do not originate with him. Plaintiff has, in addition to the present suit, filed before the Secretary of State of the Commonweal...
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RULING ON EVIDENCE It is a claim of the defendant herein that the fire loss herein was set by, or in behalf of, the plaintiffs. Each plaintiff sought to testify that he has not been charged, in the two years intervening since such loss, with the crime of arson. The defendant objected to such evidence. The general rule is that evidence that an insured has or has not been indicted for arson is inadm...
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MEMORANDUM OPINION Issue The key issue in this case is: What sales are properly considered comparable in de *862 termining the “market value” of gas dedicated to interstate commerce? Facts Plaintiffs are owners of a non-participating royalty interest in a 96-acre tract in the Leggett Field in Polk County, Texas. The lease creating plaintiffs’ royalty in...
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OPINION Colonial American National Bank (CNB) filed this action against Robert Kosnoski on December 8, 1977 to collect on a guaranty agreement executed by him on August 12, 1976. On June 5, 1975 a term note was executed by Edward G. Frye, III and John Barbour Frye in the amount of $372,272. This note was guaranteed by Frye Building Company, Edward G. Frye, III, John Barbour Frye, Ruth Townes Fr...
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Sometime between midnight, Saturday, October 18, 1975, and 7:00 a. m. Monday morning, October 20,1975, the office trailer and main workshop of SFI, Inc., an industrial pump repair company located in Zachary, Louisiana, was burglarized. Tools and equipment valued between $19,257.68 and $21,078.65 were stolen. At the time of this burglary a multi-peril insurance policy issued by the defendant, Un...
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452 F.Supp. 1295 (1978) Wilbur Ernest BONNER, v. B-W UTILITIES, INC., Percy Nichols, Individually and as President thereof, Charles H. Ryan, James W. Beaver, Hughie Perry, Individually and as Sheriff of Morehouse Parish, Louisiana, and William J. Guste, Jr., Individually and as Attorney General of Louisiana. Civ. A. No. 18641. United States District Court, W. D. Louisiana, Monroe Division. June 1...
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MEMORANDUM OPINION AND ORDER REGARDING THE COURT’S SCOPE OF REVIEW Plaintiff was employed as a Secretary-Steno, Grade GS-6, at the U.S. Army Tank Automotive Command in Warren, Michigan in 1972. Because of personnel reductions plaintiff was reassigned as a GS-6 Secretary to the Research Development and Engineering Directorate of the Combat Vehicle Systems Development Office in June, 1972. The fu...
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452 F.Supp. 1316 (1978) MINNESOTA CIVIL LIBERTIES UNION et al., Plaintiffs, v. Arthur ROEMER et al., Defendants, and Terry Sullivan et al., and Richard and Beverly Berget et al., Intervenor-Defendants. Civ. No. 3-76-167. United States District Court, D. Minnesota, Third Division. June 19, 1978. *1317 William B. Henschel and Randall D. B. Tigue, Minneapolis, Minn., for plaintiffs. Warren Spannaus,...
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MEMORANDUM AND ORDER Petitioner, presently confined at the Missouri State Penitentiary, Jefferson City, has filed a pro se habeas corpus petition pursuant to 28 U.S.C. § 2254 challenging two convictions for first degree murder in the Circuit Court of Jackson County, Missouri. Petitioner was indicted for the murders during the March 1970 term of the state grand jury, and tried before a jury in...
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OPINION Presently before the Court is plaintiff’s motion for a protective order which is sought pursuant to Rule 26(c) of the Federal Rules of Civil Procedure. Before deciding the instant motion, it is incumbent upon the Court to present a thumb-nail sketch of this rather complex civil litigation. Said admiralty action was commenced on November 20, 1970 by plaintiff to recover for an...
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MEMORANDUM On August 2, 1974, plaintiff filed suit against defendants to recover damages for injuries he sustained while working at the Cumberland Steam Plant in Cumberland, Tennessee. In his complaint, plaintiff made the following allegations as to the jurisdiction of this court: 1. Your Plaintiff is a resident of the Middle District of Tennessee. Defendant TENNESSEE VALLEY AUTHORIT...
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MEMORANDUM Plaintiff, a black male, has brought this action pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e — 16(c) (Supp. V 1975). Presently before the Court is defendant’s motion to dismiss the complaint in part and plaintiff’s motion to have the entire case remanded to the agency with directions to process plaintiff’s complaint administra...
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OPINION AND DECLARATORY JUDGMENT A jury trial in the above-entitled action concluded on September 15, 1977, with a finding of no liability against defendant Daylin, Inc. Prior to trial of the action, third party defendant Sulleraft Manufacturing Company (Sulleraft) filed a third party Complaint for Declaratory Judgment against a new third party defendant, Insurance Company of North Americ...
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453 F. Supp. 55 (1978) Salvador ZAVALA, Plaintiff, v. Griffin B. BELL, Attorney General, David Ilchert, as the District Director of the Immigration and Naturalization Service of San Francisco, Defendants; and related actions. Civ. Nos. C-77-2883-RHS, C-78-0014-RHS, C-78-0041-RHS, C-78-0172-RHS and C-78-0173-RHS. United States District Court, N. D. California. June 16, 1978. *56 J. Hector Moreno, ...
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MEMORANDUM OPINION In this action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et seq., Mary K. Heelan seeks damages against her former employer, Defendant Johns-Manville Corporation [JM]. She claims that her refusal to have sexual relations with her supervisor, Joseph Consigli, resulted in her employment termination. *1385 Defe...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on the following motions: (1) a Motion to Dismiss by defendants Johns-Manville Corporation, Johns-Manville Sales Corporation, Canadian Johns-Manville Asbestos, Ltd. and Canadian Johns-Manville Company, Ltd.; and (2) a Motion to Quash Service of Summons by defendant Cassiar Asbestos Corporation. The Complaint alleges that pl...
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DECISION AND ORDER This is an action seeking judicial review of a final decision of defendant, Secretary of the Department of Health, Education, and Welfare, denying plaintiff’s application for black lung benefits. The available administrative remedies have been exhausted and the matter is properly before this court under the provisions of 42 U.S.C. § 405(g), *385as incorporated by 30 U.S.C. § 923...
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ORDER ON MOTIONS FOR SUMMARY JUDGMENT The remaining parties in this case (plaintiff and defendant Wilma N. Page) have stipulated in the supplemental pretrial order that the court may decide this case on the basis of the pleadings, the documents submitted, the pretrial order and the briefs filed herein since there are no remaining issues of fact in this case. Defendant Wilma N. Page (herein after r...
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ORDER ON MOTION FOR SUMMARY JUDGMENT This action is before the court on defendant Fansteel’s motion for summary judgment. A brief has been filed in support of the motion and plaintiff has submitted a response opposing the motion. Plaintiff brings this lawsuit under Title VII of the Civil Rights Act of 1964, seeking injunctive and declaratory relief and money damages for alleged discriminatory emp...
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OPINION Plaintiff in this psychiatric malpractice case alleges that defendant negligently treated her, principally by engaging in a sexual relationship with her in the course of therapy and by improperly administering drugs, from June 1968 through February 1974 and that she sustained permanent psychiatric damages as a result of this negligence. The jury returned a verdict for the plaintiff in t...
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OPINION AND ORDER The Amended Complaint filed herein states ten claims for relief. These claims are brought pursuant to: The Securities Act of 1933, 15 U.S.C. §§ 77a et seq.; The Securities and Exchange Act of 1934, 15 U.S.C. §§ 78a et seq.; The Investment Companies Act of 1940, 15 U.S.C. §§ 80a-l et seq.; The Uniform Securities Act of Puerto Rico, 10 L.P.R.A. §§ 851 et seq.; The Investme...
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OPINION AND ORDER Plaintiff, a Sergeant in the Police Department of the Commonwealth of Puerto Rico, seeks to recover damages from the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., for personal injuries he claims were sustained aboard an Eastern Airlines aircraft. The pertinent facts of this case may be summarized as follows: On July 15, 1976, a superi...
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ORDER ON DEFENDANTS’ MOTION FOR ATTORNEYS’ FEES Counsel for defendants, by motion filed May 2, 1978, seek attorneys’ fees in this action, pursuant to 42 U.S.C. § 1988.1 In support of this motion, they have filed an affidavit of Samuel F. Painter, Esquire, counsel for defendants, setting up attor*898neys’ fees, on an hourly rate, a total of $4,502.50, which is supported by a chronological narrativ...
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ORDER OF JUNE 16, 1978 Brief History of Case and Essential Facts This case seeking desegregation of the Galveston Independent School District (GISD) was filed on August 18, 1959. On January 23, 1961, the Court entered.an order instituting a “stair-step,” year^-at-a-time, freedom-of-choice desegregation order similar to the orders entered in many co’urts in that era. GISD exceeded ...
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MEMORANDUM All parties in the above-styled case have agreed that the Court should determine the merits of the case on the basis of the stipulation of facts, deposition of plaintiff, affidavits, and answers to interrogatories. The parties agree, and the Court concurs, that there exists no genuine issue of any material fact in this matter. A summary of the facts as set forth in the stipulation ...
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MEMORANDUM Hough Manufacturing Corporation, (“Hough”), brings this action against Virginia Metal Industries, Inc., alleging trade name and trademark infringement. Defendant has filed a counterclaim seeking declaratory and injunctive relief. Jurisdiction is attained pursuant to 28 U.S.C. § 1332. The case came before the Court upon a trial on the merits and is now ripe for disposition. ...
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MEMORANDUM OPINION Plaintiff Milnot Company instituted this action praying for a preliminary and permanent injunction enjoining defendants from embargoing or otherwise restricting the marketing in this state of Milnot Dairy Vegetable Blend (Milnot), a food product produced by plaintiff. In November, 1977, defendants embargoed and removed from three Kroger stores in Parkersburg, West Virginia,...
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DECISION and ORDER The defendant Wilson Manufacturing Company has moved for dismissal on the ground that the court lacks jurisdiction over the defendant. The defendant maintains that this court lacks jurisdiction over the defendant and that it was not subject to service under the Wisconsin long arm statute. Sec. 801.05(5), Wis.Stats. The defendant is a .Texas corporation which does n...
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DECISION AND ORDERS This matter has come on before the Court upon plaintiff’s Motion to Compel Answers to Interrogatories and Production of Documents, and Government defendants’ Motion For Protective Order. The case involves the determination, application, and constitutionality of rules and regulations of the United States Department of Energy with respect to plaintiff oil company’s method of comp...
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ORDER This matter came before the Court on an appeal by the trustee in bankruptcy from an order of the bankruptcy court sustaining the bankrupts’ objections to the trustee’s report of exempt property. The crucial issue is whether the six month period during which proceeds from the sale of a homestead are exempt under California law is tolled from the filing of the petition in bankruptcy until t...
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MEMORANDUM AND ORDER This tort action was originally brought in the United States District Court for the District of Maryland under 28 U.S.C. § 1332 after removal from the Circuit Court for Baltimore County pursuant to 28 U.S.C. § 1441. All defendants then moved to dismiss the complaint for lack of in personam jurisdiction and, in an opinion reported at 435 F.Supp. 513, the cou...
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MEMORANDUM OF DECISION The Court has for consideration the final resolution of the merits of plaintiffs’ case. On March 28, 1975, the plaintiffs filed a complaint alleging that City of Tampa Ordinance No. 6115-A regulating the display of “offensive sexual material” violated the First and Fourteenth Amendments of the United States Constitution. In addition to seeking declaratory judgment and mon...
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ORDER Plaintiff applied with the City of Tampa for the position of policeman in April, 1975. He passed a written and oral examination and a polygraph test. His name was placed on an eligibility list in October, 1975. On December 19, 1975 he was directed to appear for a physical examination, the last prerequisite to employment. Before he was able to do so he was advised that he would not be empl...
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DECISION Defendants have filed a motion to dismiss the complaint on the ground that plaintiffs’ attempt to rescind their contract was not made within the three year period required by 15 U.S.C. § 1635(f). The motion raises a second defense, failure of plaintiffs to allow defendants ten days to respond to plaintiffs’ notice of rescission pursuant to 12 C.F.R. § 226.9(a), and defendants have also...
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MEMORANDUM AND ORDER Plaintiff brings this action to seek judicial review of the partial denial of his claim for disability insurance benefits under Title II of the Social Security Act, as amended, 42 U.S.C. § 401 et seq. The denial is the “final decision” of the Secretary and therefore this Court may undertake a limited review under 42 U.S.C. § 405(g). On August 6, 1976, plaintiff filed an appli...
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MEMORANDUM This matter is before the Court upon the plaintiff’s motion for a preliminary injunction. Monarch seeks to restrain the named defendants from taking a portion of its property for the construction of a correctional facility until federal environmental statutes and regulations have been observed. Because of the importance of the application for preliminary relief and the closenes...
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OPINION This action was instituted by plaintiff, an Italian national, under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901 et seq., against the owners of m/s Chastine Maersk, seeking damages for injuries sustained while working as a longshoreman for the Universal & Stevedoring Corp. on October 21, 1973. The case was tried non-jury on liability only. ...
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MEMORANDUM Defendant John A. Massaut moves this court for an order dismissing the indictment against him in the above-captioned matter. Mr. Massaut’s motion is premised upon the government’s failure to comply with sections 7 and 11 of the Statement of Time Limits and Procedures for Achieving Prompt Disposition of Criminal Cases During the Transitional Period that, under Rule 50(b), Fed.R.Cr.P., go...
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OPINION By its decision in United States v. Wolfson, 558 F.2d 59 (2d Cir. 1977), the Court of Appeals affirmed the decision of this Court denying an extensive coram nobis petition filed by Louis E. Wolfson. Wolfson, petitioner herein, stands twice convicted of felonies under the federal securities laws, first as a result of a jury verdict and later by his plea of ...
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ORDER REMANDING CASE Plaintiff commenced this action in the District Court of McCurtain County, Oklahoma seeking to recover on a promissory note. Contending that the federal court has original jurisdiction of the action by reason of diversity of citizenship and amount in controversy, Defendant John Deere Company (John Deere) removed the case to this Court. The matter is now before the Cou...
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452 F.Supp. 841 (1978) Thomas W. GRIFFITH, Plaintiff, v. WHEELING-PITTSBURGH STEEL CORPORATION and American Commercial Lines, Inc., Defendants. Civ. A. No. 73-706. United States District Court, W. D. Pennsylvania. June 15, 1978. *842 Thomas L. Cooper, Gilardi & Cooper, Pittsburgh, Pa., for plaintiff. William L. Standish, IV, Arthur H. Stroyd, Jr., Allison M. Barnes, Reed, Smith, Shaw & Mc...
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MEMORANDUM [I] The plaintiff, Walter S. Sachs, a consultant in oil and gas investments, claims in *616 a three-count complaint that he is entitled to recover from defendant, Continental Oil Company, $11,150 plus punitive damages in connection with defendant’s sale in April 1975 of certain oil and gas interests owned by defendant in Texas. Jurisdiction is found on diversity of...
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MEMORANDUM This matter is before the Court on the motion of Defendant, Kawasaki Heavy Industries, Ltd., to dismiss for lack of personal jurisdiction. The complaint alleges that *132 on August 14, 1975, Plaintiff, James Hicks, was operating his 1973 Kawasaki motorcycle in Lower Swatara Township, Dauphin County, Pennsylvania, when a 1968 Dodge station wagon operated by Cindy Le...
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OPINION AND ORDER This is a patent infringement action. The plaintiff, Canron, Inc., a New York corporation with its principal office and place of business at West Columbia, South Carolina, has asserted that the defendant, Plasser American Corporation (Plasser), a Delaware corporation with its principal office and place of business at Chesapeake, Virginia, is infringing U.S. Patent Re. No...
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In these consolidated civil matters, Carl M. Duttine, Trustee of Diversified Mountaineer Corporation under Chapter X of the Bankruptcy Act, seeks to recover upon various demand notes given by the defendants individually to Diversified Mountaineer Corporation (hereinafter DMC). Each note was given to DMC, the parent corporation, in exchange for shares of stock in nine of DMC’s subsidiary industr...
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FINAL JUDGMENT AND ORDER Upon consideration of Plaintiffs’ Motion for Partial Summary Judgment, the responses and submissions filed by all the parties in conjunction therewith, and the record in this action, and it appearing that the defendants during the pendency of this litigation have initiated policies and practices which conform to some of the provisions hereinafter set forth, but that the...
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AMENDED ORDER This cause having come on for hearing, upon notice, on cross-motions for summary judgment filed by all parties herein, based upon the complaint and answer, the answers of the federal defendants to the interrogatories and requests for admission propounded by plaintiffs, and various affidavits and exhibits filed by the parties including the stipulation between plaintiffs and the fed...
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MOTION TO SUPPRESS This cause came on for consideration upon the motion of the defendant, LOUIS JAMES STERRENBERG, to suppress the evidence obtained by the Government as a result of a warrantless search and seizure conducted on the vessel “Yella Bird” by agents of the United States Customs Service. This motion was adopted by Defendant JEFFREY TODD MARSHALL. The Defendants are charged with posse...
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ORDER This is an action brought for declaratory and injunctive relief and damages predicated on 28 U.S.C. §§ 2201 and 2202 and 42 U.S.C. §§ 1983 and 1985. The plaintiffs 1 are owners of retail stores which sell materials that may be used for the consumption of illegal drugs such as marijuana and cocaine. The defendant is the Director of Finance of DeKalb County, Georgia, who is...
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MEMORANDUM AND ORDER This memorandum will reflect the legal basis for the separately entered findings of fact and conclusions of law. This is an action in which Lloyd J. Bontrager and Jayco Inc. charge the Steury Corporation with infringement of claims 1, 2, 6, 7 and 10 of U.S. Patent No. 3,495,866 relating to a collapsible vehicle. Steury denies infringement on the grounds that Bont...
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MEMORANDUM AND ORDER In this case plaintiff seeks judicial review of a decision by the Secretary of the Department of Health, Education and Welfare, denying plaintiff’s application for disability benefits under the Social Security Act, 42 U.S.C. § 423 (1970). Jurisdiction is based on 42 U.S.C. § 405(g). Pending are cross motions for summary judgment. For the reasons we shall state, d...
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MEMORANDUM The plaintiffs are shareholders and former shareholders of The Signal Companies, Inc. (“Signal”), one of the named defendants in this action which alleges violations of federal securities and antitrust laws and breach of fiduciary duty. The case concerns what is commonly referred to as a “friendly” tender offer for a certain number of the outstanding shares of Signal; more prop...
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MEMORANDUM ORDER Defendant Shintron Co., Inc. (“Shintron”) has moved for dismissal of the complaint pursuant to Fed.R.Civ.P. 12(b)2-5 on the grounds of lack of personal jurisdiction over the plaintiff, improper venue, insufficiency of process, and insufficiency of service of process. For the reasons hereafter stated, defendant’s motion is denied. Plaintiff Sterling Television Present...
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ORDER Plaintiff brings this action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., for alleged sex discrimination in employment. The matter is now before the Court for consideration of Defendant’s Motion to Dismiss the action on the grounds that the Complaint fails to state a claim upon which relief can be granted. Plaintiff has filed a Brief in opposition ...
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MEMORANDUM AND ORDER Plaintiff Black Grievance Committee (“Committee”) and seven of its members brought this action on behalf of themselves and all others similarly situated to redress the alleged employment discrimination practices of defendant Philadelphia Electric Company (“PECO”). Plaintiffs’ claims, as outlined in their First Amended Complaint,1 are based upon Title VII of the *103Civil Righ...
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MEMORANDUM This is a proceeding instituted by a complaint filed by the Internal Revenue Service (IRS) to enforce a summons served on the defendant, First Pennsylvania Bank (Bank), 1 calling for the production of specified books and records concerning the tax liability of Daniel J. Callahan (Mr. Callahan) for the years 1973 and 1974. 2 A show' cause hearing was held on July 28, 1977, at whic...
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OPINION In this civil anti-trust suit, the Justice Department sought to prevent the acquisition of Chef Pierre, Inc. by Consolidated Foods Corporation. The complaint charged a violation of the Clayton Act, section 7, 1 and that jurisdiction in this court is conferred by section 15. 2 On May 10,1978, after an eight day trial, I issued an order denying all injunctive relief. The order was a...
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MEMORANDUM DECISION This case involves plaintiff’s attempt to recover from the Internal Revenue Service a deficiency in the amount of $40,206.67 plus interest which plaintiff paid while reserving the right to institute this action. Plaintiff, Bessie Craig, was appointed Executrix of the estate of her husband, Clarence Craig, who died as the result of an automobile accident on November 22, 196...
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DECISION and ORDER This action is before me on the motion of the defendant Local # 6288 of the United *492 Paperworkers International Union to dismiss the complaint in this action. The motion will be granted. This is an action for damages and injunctive relief by three present and three former employees of the defendant Nicolet Paper Company — Division of Milprint, Inc., purportedly on beha...
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DECISION and ORDER This action is before me on the parties’ cross motions for summary judgment and a set of stipulated facts. I have concluded that the plaintiffs’ motion should be granted and that the defendants’ motion should be denied. The plaintiffs are seven manufacturers of mobile construction equipment. The defendants are the United States department of transportation, the sec...
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MEMORANDUM OPINION James D. West, employee of plaintiff Missouri Pacific Railroad Company, allegedly sustained injuries when plaintiff’s train made an emergency stop to avoid striking a tractor-trailer rig which had stalled dangerously close to the railroad tracks. West was riding in the caboose of the train and acting within the scope of his employment at the time of the incident. The tr...
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MEMORANDUM AND ORDER DENYING DEFENDANTS’ MOTION TO DISMISS COUNT IV OF THE INDICTMENT FILED APRIL 20, 1978 Defendants Dominick Brooklier and Samuel Sciortino move for dismissal of Count IV of the indictment. Their motions raise three related but distinct arguments. Defendants argue that (1) an actual or potential effect on commerce is a necessary element of an attempted violati...
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MEMORANDUM OPINION AND ORDER In a jury trial Norfin, Incorporated [Nor-fin] prevailed on its claim of patent infringement against defendant, International Business Machine Corporation [IBM]. The patent item is a collator which is attached to a photocopy or other reproduction machine and automatically sorts and assembles into bins successive pages of text as they come off the duplication m...
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OPINION Presently before the Court are defendants’ State Board of Education (“State Board”) and suburban predominantly white school districts motions for a stay of this Court’s January 9, 1978 secondary remedial decree 1 in this lengthy desegregation litigation. 2 The decree to which the stay motion is directed addressed the remedial issues of pupil assignment, gover...
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MEMORANDUM AND ORDER Plaintiff brings this action to seek judicial review of the denial of his two claims for benefits; one for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 401 et seq.; the other for supplemental security income benefits under Title XVI of the Act, 42 U.S.C. § 1381 et seq. The denials are the “final decisions” of the Secretary and t...
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MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT The individual plaintiffs are former employees of defendant Consumers Power Company and participants in defendant Plan who currently have their privately funded retirement benefits reduced because of deductions or offsets for payments re *449 ceive...
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MEMORANDUM AND ORDERS GRANTING DEFENDANT’S MOTION TO DISMISS INDICTMENT I. This case pends on defendant’s motion to dismiss the government’s five count indictment which alleges that the defendant, in violation of 18 U.S.C. § 1623, knowingly made five false material declarations when he testified on his own behalf in an earlier prosecution. In the earlier case the defendant was a...
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OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW This action is brought by Union Bank of Switzerland (“UBS” or “Bank”), a Swiss bank, to recover from the defendant, HS Equities, Inc., successor to Hayden, Stone Incorporated (“Hayden Stone” or “defendant”), 1 who acted as a broker for UBS in the sale and purchase of securities in this country, the sum of $104,435.99 which defend...
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OPINION Plaintiff John M. Ruffler commenced this civil rights action to recover damages for his allegedly involuntary and unlawful hospitalization by defendants Phelps Memorial Hospital (Phelps), Grasslands Hospital (Grasslands) and New York Hospital. Plaintiff claims that all of the defendants, while acting under color of state law, subjected him to physical mistreatment and deprived him...
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ORDER ON PETITION FOR WRIT OF HABEAS CORPUS As of 1969, North Carolina General Statutes § 14-17, defined and provided punishment for murder as follows: “A murder which shall be perpetrated by means of poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate ...
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452 F.Supp. 125 (1978) ROLETTE COUNTY, a public body corporate and legal political subdivision and LeRoy Ouelette, Plaintiffs, v. WESTERN CASUALTY & SURETY COMPANY, Defendant. Civ. No. A2-76-42. United States District Court, D. North Dakota, Northeastern Division. June 13, 1978. *126 Kermit E. Bye, Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, N. D., for plaintiffs. Patrick J. Maddo...
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MEMORANDUM OPINION This action was brought by the Plaintiff United States of America against Defendant St. Louis-San Francisco Railway Company to recover civil penalties under the Hours of Service Act (Act), 45 U.S.C. §§ 61-64b. Plaintiff-intervenor, United Transportation Union, seeks a declaratory judgment that the acts referred to in Plaintiff’s Complaint are in violation of the Act. It is asse...
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OPINION Paris Construction Company (Paris), plaintiff in the above action was a second tier subcontractor in a contract with Nick Istock, Inc. (Istock). Istock in turn was a subcontractor to Research-Cottrell which was the prime contractor for construction of a facility for Jones and Laughlin Steel Company in Aliquippa, Pennsylvania. Paris has not been paid for the work performed on the job a...
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OPINION AND ORDER On October 21, 1977, defendant Stine was found guilty by a jury of one count of unlawful receipt of a firearm (rifle) by one who has been convicted of a crime punishable by imprisonment for a term exceeding one year (18 U.S.C. § 922(h)(1)), and one count of unlawful possession of a firearm (pistol) by one who has been convicted of a felony (18 U.S.C. App. § 1202(a)(1)). ...
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MEMORANDUM OPINION AND ORDER The thirteen cases involved in this multidistrict securities litigation are before the court on plaintiffs’ motion to certify a defendant class of underwriters.1 Previous to this motion and by stipulation of the parties, plaintiffs amended their uniformly stated complaints to add Bacon, Whipple & Co. as a defendant and to allege, with respect to counts Three, Four and...
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OPINION In this action, plaintiff Farmers Bank (“Farmers”) accuses the fifty-one corporate and individual defendants of violating Sections 5(a), 5(c), 12 and 17(a) of the Securities Act of 1933, 15 U.S.C. §§ 77e(a), 77e(c), 77/ and 77q(a), Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j(b) and 78t(a), and Rule 10b-5 promulgated thereunder, 17 C.F.R. § 240...
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ORDER This is an action brought by a patent licensee seeking, among other relief, a declaration of the invalidity, and its non-infringement, of the underlying patent. The parties have both been involved for many years in the manufacture of patch-type self-locking threaded fasteners. 1 Defendant Standard Pressed Steel (SPS) is the *745 assignee of a 1963 patent No. ...
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Memorandum This is a suit for trademark infringement, unfair competition, dilution, deceptive trade practices, and consumer fraud brought pursuant to federal, state, and common law. Plaintiff McDonald’s Corporation is incorporated in Delaware with its principal place of business in Illinois. Defendant Congdon Die Casting Company d/b/a MacDonald’s Home Products is a Michigan corporation with its...
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Plaintiffs, Leo Sasso and Daniel Jordan, are the former sole owners of Milcom Products, Inc. (hereinafter Milcom), which was sold to Transitron Electronic Corporation (hereinafter Transitron), pursuant to an Agreement and Plan of Reorganization, dated February 6, 1968. Defendant John Koehler, a former director of Transitron, is an attorney who represented Transitron, as successor to Milcom, in ...
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MEMORANDUM This is a patent and trademark infringement action focusing on four data processing system patents allegedly held by plaintiff Digital Equipment Corporation (“DEC”) and infringed by defendant Electronic Memories & Magnetics Corporation (“EMM”). The matter is before the Court on EMM’s motion to dismiss for improper venue or in the alternative to transfer the case to the Central ...
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OPINION The plaintiffs are employees of Oznemoc, Inc., a Massachusetts corporation doing business as the Naked I Lounge in Boston. They began this action on March 21, 1978 under the Civil Rights Act, 42 U.S.C. § 1983 complaining that the defendant officials, by enforcing certain “mingling regulations” at the lounge, deprived plaintiffs of rights under the First and Fifth Amendments of the...
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MEMORANDUM & ORDER Plaintiff has sued defendant American Arbitration Association for an allegedly arbitrary and capricious venue decision made by the Association in an arbitration proceeding to which the plaintiff is a party. Defendant has brought the present motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim for which relief can be granted. Defenda...
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OPINION This is a suit by decedent’s widow, brought in her capacity of executrix of decedent’s estate, in her own right individually, and as parent and natural guardian of four minor children of the marriage. *1269 The Amended Complaint is in five counts. All of the claims asserted arise out of events that took place on December 14, 1974. Taking as true the facts allege...
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OPINION This is an appeal from an order of Bankruptcy Judge Ryan denying a motion by the Trustee for the liquidation of Provident Securities, Inc., a brokerage firm, for summary judgment expunging the claims of Michael and Eve Komons. Their claims, if granted, would entitle them to recover out of a special fund established pursuant to the Securities Investors’ Protection Act of 1970, (“S....
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MEMORANDUM; ORDER This case comes before the Court upon defendant’s motion for summary judgment (doc. 11) and plaintiff’s cross-motion for partial summary judgment. The Court has before it in the record: 1) The affidavit of Robert D. Hamontre, president of Queen City Suburban Press, Inc,, (attached to doc. 11). 2) Defendant’s answers to plaintiff’s second set of interrogatories (attached to doc. 1...
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MEMORANDUM OPINION AND ORDER Plaintiff, Marvin Donald Brady, commenced this action under 42 U.S.C. §§ 1983 and 1985 alleging that defendants entered into a conspiracy to violate his constitutional rights by effecting his arrest and arraignment on false charges. The case is presently pending before the court on defendants’ motion to dismiss on the grounds that the claim is barred by the statute ...
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OPINION Plaintiff, an inmate of the West Virginia State Penitentiary at Moundsville, West Virginia, utilizing the provisions of 42 U.S.C. § 1983, sought money damages in this civil action for an alleged deprivation of his constitutional rights. The defendants are state officials associated in various capacities with the administration of the State Penitentiary. After jury trial where extensive ev...
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MEMORANDUM OPINION This declaratory judgment action questions the constitutionality of Ark.Stat.Ann. § 39-102(c) and (f) (Supp.1977). The challenged statutory provisions provide in pertinent part as follows: “The following are disqualified to act as grand or petit jurors: (c) Persons who -are unable to speak or understand the English language, (f) Persons whose senses of hearing or seeing...
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OPINION Petitioners United States of America and Lawnie C. Mayhew, a Special Agent of the Internal Revenue Service, brought this action for enforcement of an Internal Revenue summons under §§ 7402(b) and 7604(a) of the Internal Revenue Code of 1954, 26 U.S.C. The summons, issued to respondent Jack Horton, demanded production of certain financial records and work papers of Schonert Construction ...
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MEMORANDUM OPINION AND ORDER AWARDING FEES AND OTHER COSTS THIS MATTER is before the court on various post-trial motions of the parties for an award of costs and attorney fees in this civil rights, 42 U.S.C. § 1983, action. The motions raise interesting questions under both the 1976 attorney fees amendment to 42 U.S.C. § 1988 and Rule 68 of the Federal Rules of Civil Procedure dealing wit...
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452 F.Supp. 1245 (1978) CESSNA AIRCRAFT COMPANY, Plaintiff, v. Harold BROWN et al., Defendants, Beech Aircraft Corporation, Intervenor-Defendant. Civ. A. No. 78-0293. United States District Court, District of Columbia, Civil Division. June 9, 1978. *1246 Phillip D. Bostwick, James B. Hamlin, Richard E. Galen, Shaw, Pittman, Potts & Trowbridge, Washington, D. C., for plaintiff. Earl J. Silbert...
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MEMORANDUM OPINION This case arises under the Medicare provisions of the Social Security Act, which provide federally funded health insurance programs for the aged and the disabled. 1 Under the Medicare program, the providers of services are reimbursed for the reasonable cost incurred. At issue in this proceeding is the validity of certain regulatory changes requiring the use of specific acco...
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ORDER This Court has considered Defendant’s Motion for Discovery and Inspection, the Government’s Response thereto, the oral arguments of counsel, and the entire record herein. It is by the Court this 9th day of June, 1978, ORDERED, that Defendant’s Motion for Discovery and Inspection be and hereby is granted in part and denied in part, as described below. Defendant’s Request Number One is granted...
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ORDER This matter is before the Court on plaintiffs’ Motion to Determine Class pursuant to Rule 23(c)(1). This issue has been fully briefed by the parties with the plaintiffs submitting a memorandum in support of the instant motion and a memorandum in reply to the separate memoranda in opposition to class certification submitted by the State defendants (Indiana State Highway Commission, Boehning,...
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INTRODUCTION OPINION On August 18th, 1977, the plaintiffs initiated this lawsuit seeking injunctive and *103 declaratory relief concerning the construction of a two and one-quarter (214) mile freeway extension of New Jersey Route 18 from the foot of the Albany Street Bridge in New Brunswick to Metlars Lane-Leupp Lane in Piscataway Township. The defendants are the United ...
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OPINION The parties cross-move for summary judgment. Rule 56, Fed.R.Civ.P. On May 1, 1975, plaintiff William J. Riley retired from employment as a port engineer for United States Lines, Inc. Had he not obtained other employment, he would have been eligible for pension benefits from defendant MEBA Pension Trust. Riley, however obtained a civil service position in the United States Dep...
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OPINION AND ORDER Plaintiff has moved for an order, pursuant to Rule 23(c)(1), F.R.Civ.P., certifying this suit as a class action. Defendants Berg Enterprises, Inc. (BEI) and Kenneth Berg have challenged the adequacy of plaintiff Betty Levine’s representation and the definition of the putative class. This action was commenced on November 10, 1977 by plaintiff, a BEI shareholder, purportedly on be...
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MEMORANDUM ORDER Prior to trial the defendant moved for dismissal of the original indictment on the grounds of excessive hearsay. He also argued that as to two of the counts, no evidence was presented to the grand jury. Before I had ruled on that motion, but after I had examined the transcript of the testimony before the grand jury and had indicated to the Government my concern with the manne...
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Members of the North Shore Right to Life Committee (an anti-abortion group) complain that they have been refused permission to march in a Memorial Day parade organized by American Legion Post Number 304. The First and Fourteenth Amendments mandate that they be permitted to join the parade. I. FACTS The Town of North Hempstead controls most of the streets used by the marchers. While th...
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MEMORANDUM AND ORDER Plaintiffs have brought this action against the International Association of Machinists and Aerospace Workers Local Lodge No. 1984 of the District Lodge No. 98 (the Union), and RCA Corporation (RCA) alleging that certain layoffs of the plaintiffs were in violation of the collective bargaining agreement, and that the Union breached its duty of fair representation in fa...
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MEMORANDUM AND ORDER Plaintiffs are bringing this action under 42 U.S.C. §§ 1981 and 1983, the First, Thirteenth and Fourteenth Amendments, 42 U.S.C. § 2000e, et seq. (Title VII) and 29 U.S.C. § 185 (§ 301), alleging that while plaintiffs were employed by G. & Q. Drywall Company (G. & Q. Drywall) the defendants subjected them to racially discriminatory conduct in that they deni...
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NEESE, District Judge. This is an action for the judicial review of the final decision of the defendant Secretary, 42 U.S.C. § 405(g), denying the plaintiff’s claim , for widow’s insurance benefits under the Social Security Act. 42 U.S.C. §§ 402(e), 423(d)(2)(B). The defendant moved for a judgment on the pleadings. Rule 12(c), Federal Rules of Civil Procedure. 1 The plaintiff ...
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DECISION and ORDER Several discovery motions and a summary judgment motion are pending in this case. The latter motion will be considered first. SUMMARY JUDGMENT MOTION The third-party defendants have filed a motion for summary judgment dismissing the third-party complaint against them. The motion will be granted as to Protection Mutual Insurance Company and denied as to Factory Mutual Engineerin...
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DECISION and ORDER This action is before me on the defendant’s motion for summary judgment on its counterclaim. I find that there is no issue of material fact and that the defendant’s motion for summary judgment should be granted. The plaintiffs are the owners of two car wash businesses and the corporate owners of the land on which such businesses are located. The defendant, Sun Oil Company, is en...
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DECISION AND ORDER This is a diversity action arising out of a car accident which occurred in the state of Iowa in September 1976. 1 The defendant Iowa National Mutual Insurance Company has moved to dismiss the action for several reasons, including lack of subject matter jurisdiction. For the reasons hereafter stated, the motion will be granted. The plaintiffs are Wisconsin residents. The d...
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MEMORANDUM OPINION Plaintiff, the National Organization for the Reform of Marijuana Laws (NORML), a non-profit membership corporation that has for its principal focus the decriminalization of marijuana, has brought this action on behalf of itself and its members against the Department of State, the Agency for International Development (AID), the Drug Enforcement Administration (DEA), and the De...
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OPINION This is an action brought pursuant to the Miller Act, 40 U.S.C. § 270a, et seq., involving claims arising out of two construction projects at Dover Air Force Base in Delaware.1 Plaintiff, Joseph T. Richardson, Inc. (“Richardson”), was the supplier of labor and materials for defendant Hydro-Mechanical Contractors, Inc. (“Hydro-Mechanical”), a subcontractor of the prime contractor, defendan...
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ORDER APPROVING JEOPARDY ASSESSMENT This cause comes before the court in the form of an action for the early determination of the reasonableness and appropriateness of an Internal Revenue Service Jeopardy Assessment pursuant to 26 U.S.C. § 7429(b). 1 In this jeopardy assessment proceeding, this court must determine whether the decision of the Internal Revenue Service to levy an assessment a...
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ORDER ON PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION In this suit plaintiffs claim that the defendants have conspired for three years to deprive the plaintiff, Dr. Robbins, and, as a consequence, Robbins Clinic, Inc., from the medical practice in Liberty County, Georgia. They also allege that the defendant physicians and the Authority have entered into a combination in restraint of trad...
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RULING ON WRIT OF HABEAS CORPUS The petitioner, Donald Ray Stewart, seeks habeas corpus relief on the grounds that the grand jury which indicted him and the petit jury which convicted him were discriminatorily composed. Stewart, a black man, was convicted in 1971 of raping a white woman and was sentenced by the Dougherty County Superior Court to ten years imprisonment. During his trial he did n...
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MEMORANDUM AND ORDER Defendants have moved for summary judgment pursuant to Rule 56, F.R.Civ.P., seeking a dismissal of plaintiff’s First Amended Complaint. Defendants had previously moved to dismiss plaintiff’s original complaint, which was denied by this court. Defendants, in effect, are asking this court to reconsider its previous order denying dismissal. Plaintiff Wakinekona, sentenced to...
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DECISION Statement of the Case . Effective February 8, 1978, Defendant Charles G. Clark as Superintendent of the Department of Education, and Defendant Thomas Yamashita as Director of the Management Audit and Civil Rights Branch of the Department of Education, State of Hawaii, terminated the employment of Plaintiff Ira Vanterpool as a Staff Specialist II (equal educational opportunit...
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MEMORANDUM OPINION On May 27, 1977, ACLI Metal & Ore Co. (“ACLI”) agreed to sell Great Lakes Metal Corporation (“Great Lakes”) approximately 300 metric tons of zinc which was being stored by Ceres, Incorporated (“Ceres”) in Portage, Indiana. In exchange for the zinc, Great Lakes agreed to pay $.3iy4 a pound net cash against a commercial invoice, delivery order, and weight/assay certificat...
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DECISION AND ORDER This complaint under the Truth in Lending Act alleges that plaintiffs sought credit from defendant Louis Lakis Ford, Inc., pri- or to July 15, 1977, for the purpose of purchasing from Lakis a new Ford automobile; that they executed a retail installment agreement on July 15, 1977, with Lakis as the seller; that Lakis and defendant Ford Motor Credit Company anticipated, pursuan...
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DECISION AND ORDER This cause is before the court upon cross-motions for summary judgment. There being no genuine issue as to any material fact, summary judgment is proper. The complaint alleges that the Truth in Lending Act was violated in conjunction with an installment sale to the plaintiffs because General Finance Corporation was not clearly identified as a creditor in the TILA disclosures mad...
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OPINION This action challenges certain regulations promulgated by the Environmental Protection Agency (“EPA”) pursuant to Section 311 of the Federal Water Pollution Control Act, (“the Act”) 33 U.S.C. § 1321, as amended by the Clean Water Act of 1977, P.L. 95-217, 91 Stat. 1566. Published at 43 Fed. Reg. 10474 and promulgated as 40 C.F.R. Parts 116, 117, 118 and 119, these regulations iden...
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452 F. Supp. 455 (1978) KENT ISLAND JOINT VENTURE, Plaintiff, v. Leonard E. SMITH, Commissioner of Queen Anne's County, Individually and in his official capacity, et al., Defendants. Civ. No. H-77-1299. United States District Court, D. Maryland. June 8, 1978. *456 Stuart D. Halpert, Warren L. Miller, Michael A. Nelson and Stein, Halpert & Miller, Washington, D. C., for plaintiff. Standish McC...
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MEMORANDUM AND ORDER I. Introduction This litigation comprises six private, treble damage antitrust actions either brought in this district or transferred to this district by the Judicial Panel on Multidistrict Litigation for consolidated pretrial proceedings. The defendants are Amerada Hess Corporation, Ashland Oil, Inc., Continental Oil Company, Kayo Oil Company, Crown Central Petroleum Corpo...
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OPINION Plaintiff sustained severe injuries in an automobile accident in January 1973. Seven months later, he began to receive disability insurance benefits under Section 223 of the Social Security Act (“Act”). 1 In September 1976, after plaintiff had undergone several operations and months of rehabilitation, the Bureau of Disability Insurance in the Social Security Administrat...
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MEMORANDUM On December 30, 1965, the United States filed suit in this court under Section 7 of the Clayton Act, 15 U.S.C. § 18, challenging the acquisition of Carte Blanche Corporation (“Caite Blanche”) by First National City Bank (now called “Citicorp”). In 1968 Citicorp agreed to divest itself of its interest in Carte Blanche and consented to the entry of a decree by which Citicorp was ...
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MEMORANDUM AND ORDER Plaintiff brings this suit to recover damages for injuries allegedly sustained while he was a cadet at the United States Air Force Academy in Colorado. He says that he was a member of the varsity football team at the Academy in 1969 and 1970, and that in those years the team physicians prescribed Butazolodin, an anti-inflammatory drug, so that he could play with a hurt knee...
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MEMORANDUM Plaintiff filed suit 20 March 1978 in the Circuit Court of King William County against Perdue Incorporated (hereinafter “Perdue”) and Ring Around Products, Inc. (hereinafter “Ring Around”), seeking damages allegedly resulting from the use of soybean seeds purchased from Perdue. Defendant Perdue filed its grounds of defense, demurrer, and cross-claim in the Circuit Court of King...
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MEMORANDUM Defendant is a resident and citizen of the State of New Jersey. Plaintiffs are residents and citizens of the Commonwealth of Virginia. Jurisdiction is based upon diversity and service of process was obtained pursuant to Va. Code §§ 8.01-328.1 and 8.01-329 (Repl.Vol.1977). Defendant was visiting Virginia on vacation. He was attempting to get a fire going in his charcoal grill and, a...
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MEMORANDUM DECISION This matter is presently before the Court on cross-motions for summary judgment. The instant diversity action alleging breach of an insurance contract, was filed by the plaintiff, Great Horizons Development Corporation (hereinafter Great Horizons) on July 19,1976, against the defendant, Massachusetts Mutual Life Insurance Company (hereinafter Massachusetts Life). Great...
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This matter is presently before the Court on cross motions for summary judgment previously submitted. A defendant’s motion to dismiss had previously been denied in open court. However now the Court and the parties agree that there is no genuine issue as to any material fact. Thus the Court having carefully considered all memoranda, the record and the law, finds as follows: Plaintiff Glen A...
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This action is brought under 45 U.S.C. § 153 First (q) for judicial review of a decision by the National Railroad Adjustment Board. Cross motions for summary judgment were filed, and the case was submitted on the record, including briefs of counsel, transcripts of the initial hearing by the carrier and the findings of Public Law Board No. 600. On August 1, 1975, the petitioners, Aristead C...
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Plaintiff, Legal Services Corporation of Prince George’s County, Maryland (Prince George’s), is a nonprofit Maryland corporation which provides legal services to persons, in Prince George’s County, otherwise unable to afford them. Plaintiff John Evelyn Hunt (Hunt) allegedly is “an indigent citizen” of the county. The corporate defendant, Legal Services Corporation (Legal Services), is a Distric...
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MEMORANDUM OPINION AND ORDER This is a no-fault insurance case. Plaintiffs are the widow and children of the decedent, Dr. Juan E. Olivera. Defendant is a corporation which was incorporated under the laws of the State of Illinois, maintains its principal place of business in the State of Illinois, and is in the business of insuring motor vehicles. Two issues are presented by the parties at this ti...
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ORDER Defendant Bethlehem Steel moves for summary judgment on the grounds that the suit against it was commenced more than two years following plaintiff’s injury and is therefore barred by the statute of limitations. *1362 FACTS Plaintiff was injured on or about July 10, 1975, in his employment while cutting a steel “I” beam into two “T” beams. On July 8, 1977, plaintiff filed his complaint in s...
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OPINION Plaintiff brings this action to confirm the award of an arbitrator in the amount of $26,170.64. Defendant cross-moves pursuant to 9 U.S.C., section 10, to vacate the award. The arbitration in question resulted from the provisions of the last in a series of collective bargaining agreements (the “Agreement”) entered into by Local 32B, Service Employees International Union, AFL-CIO (...
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MEMORANDUM The United States has submitted an ex parte application for the production by the Internal Revenue Service (“IRS”) of income tax returns and taxpayer return information filed by certain persons being investigated or prosecuted for alleged violations of the narcotics laws. The application seeks an order, pursuant to 26 U.S.C. § 6103(i)(l), 1 *372 directing the IRS to provide tha...
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MEMORANDUM AND ORDER The complaint in this case alleges that plaintiff Robert Germain owned a certain “unique embossing machine” which defendant Semco Service Machine Co. (“Semco”) agreed to repair. Semco allegedly made the repairs improperly, and the complaint states claims for relief sounding in tort, warranty and contract under New York law. The action was originally brought on or about March ...
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This is an ancillary proceeding arising out of an original suit under 42 U.S.C. § 1983 by mentally retarded residents of Willowbrook Developmental Center 1 against officials of the State of New York and the Department of Mental Hygiene (Department). 2 The ancillary complaint was filed by officials of the Department against the Civil Service Employees Association, Inc. (uni...
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MEMORANDUM AND ORDER In this consolidated class action filed originally on August 2,1972, there is before the Court a proposed settlement agreement filed September 1, 1977. After due notice to all members of the class, a hearing has been held with respect thereto. Familiarity will be presumed with the history of the underlying action, Mascolo v. Merrill Lynch &c, 72 Civ. 3292, and the related cas...
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MEMORANDUM The matter before the Court is the Commonwealth’s Motion For Remand which will be granted. Terry Lee Shelly petitioned this Court for removal of a civil action against him and others which had been initiated in the Court of Common Pleas of Adams County, Pennsylvania and which alleged that the Defendants there had violated and were continuing to violate an obscenity statute...
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MEMORANDUM This is an action under Title I of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. §§ 411-415, for unlawful suspension and expulsion from a labor union. Jurisdiction is conferred by § 102 of the Act, 29 U.S.C. § 412. The case is before me on a motion by defendant Local 54 of the American Federation of State, County, and Municipal Employees (AFSCME) ...
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OPINION Plaintiffs, twenty-one individual prisoners and an unincorporated association of prisoners of the Commonwealth of Pennsylvania incarcerated at six state penitentiaries, brought this class action in 1970. 1 Plaintiffs represent a class comprising all persons who are now or will be incarcerated in the Pennsylvania State Correctional Institutions at Graterford, Dallas, Hunting-don, Muncy...
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OPINION Plaintiffs in the above-entitled case are white teachers and employees of the City of Erie School District. Plaintiffs seek equitable and declaratory relief and compensatory and punitive damages under 42 U.S.C. §§ 1981 and 1983 because of their suspension or furlough by defendants in an order favoring minority employees and different from the order required by defendants’ seniorit...
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MEMORANDUM OPINION This is a suit to have particular regulations of the U.S. Fish and Wildlife Service of the Department of the Interior and the Texas Department of Parks and Wildlife declared invalid and to enjoin the enforcement of those regulations. Plaintiffs sought a preliminary injunction, alleging that the regulations would cause them irreparable harm if the individual defendants w...
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OPINION This case, which is before the court on plaintiffs motion to proceed in forma pauperis, raises an interesting question of first impression concerning the proper scope of the unique judicial review procedure provided in 2 U.S.C. § 437h 1 for the consideration of constitutional attacks to the Federal Election Campaign Act. 2 In a May 10, 1978 Memora...
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MEMORANDUM OPINION This case is before the court on cross motions for summary judgment pursuant to Rule 56(c). The issue raised by these motions is whether the operation of a hang kite constitutes piloting an aircraft within the meaning of an exclusion clause in a group accidental death and dismemberment policy. After giving careful consideration to the legal arguments presented by both p...
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MEMORANDUM OF OPINION This is an action brought by four individuals against Chase Investment Services of Boston, Inc. (“CIS”), an investment advisory service, Sullivan & Worcester, a law firm which represented CIS; Dean Witter & Company, Inc. (“Witter”), E. F. Hutton &' Company, Inc. (“Hutton”), and Mitchum, Jones & Templeton, Inc. (“Mitchum”), three brokerage houses which were involved in the sa...
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RULING ON PENDING MOTIONS In 1968, Congress established a program to increase the availability of rental housing for low-income families by subsidizing mortgages for housing projects built by nonprofit corporations and other entities. National Housing Act, § 236, 12 U.S.C. § 1715z-l, added by Pub.L.No.90-448, § 201(a), 82 Stat. 498 (1968). Section 236 authorizes the Secretary of HUD to make perio...
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FINDINGS OF FACT CONCLUSIONS OF LAW OPINION JUDGMENT I. This Court has determined to include all of the above items in this one document in the interest of clearly stating in one place the factual conclusions and the legal reasons therefore in this protracted and hotly contested case. This case was tried to the Court without a jury during fifteen trial days by mos...
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Plaintiff, General Foods Corporation, brings a claim for damages against defendants, Penn Central Transportation Company and the United States, arising out of the allision of the SS YORKMAR with the Penn Central Railroad Bridge over the Chesapeake and Delaware Canal on February 2, 1973. The defendants were held jointly and severally liable for this occurrence, Hogge v. SS YORKMAR, 434 F.Supp. 715 ...
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MEMORANDUM and ORDER Miller Brewing Company (“Miller”) complained against Carling O’Keefe Breweries of Canada, Ltd., 1 (“Carling”) and Taft Broadcasting Company (“Taft”) alleging that the broadcasts of three television commercials which advertise and promote Car-ling’s HIGHLITE low calorie beer by a federally licensed television station (WGR-TV) owned and operated in Buffalo in...
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MEMORANDUM Plaintiff, a former employee of UGI Corporation (“UGI” or “Company”) and a member of Local No. 1941 of the International Brotherhood of Electrical Workers (“Union”), brings suit pursuant to Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185. The action was begun in the Court of Common Pleas of Dauphin County and was removed to this Court by Defendants pursuant to 28 U...
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OPINION Thomas David filed the complaint in this tort action on March 25, 1977. Jurisdiction is based solely on diversity of citizenship. 28 U.S.C.A. § 1332(a) (Supp.1977). Presently before me is Broadway Maintenance Corporation’s motion for summary judgment. See generally Fed.R.Civ.P. 56. For the reasons hereafter stated, I conclude that summary judgment may not be entered. ...
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MEMORANDUM Presently before the Court are the motions of defendants Arthur Andersen and Company (“Andersen”), Ernest E. Specks (“Specks”), William C. Weatherford (“Weatherford”) and Van Calvin Ellis (“Ellis”) 1 for summary judgment pursuant to Fed.R.Civ.P. 56. 2 For the reasons stated below, these motions will be granted in part and denied in part. Plaintiffs Mi...
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MEMORANDUM AND ORDER Defendant has filed a motion that the court disqualify pursuant to 28 U.S.C. § 144. The affidavit of Defendant in support of the motion is as follows: “My name is BLANCHARD LEE SAVANT. I am incarcerated in the Federal Penitentiary in Fort Leavenworth, Kansas. “I am filing this Affidavit to be attached to a Motion asking Judge Ross N. Sterling to disqualify himself from my case...
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ORDER Plaintiffs move the Court to vacate entry of judgment made by the Magistrate after trial by him pursuant to the parties’ stipulation. 28 U.S.C. § 636 establishing the limitation of Magistrates’ powers provides in pertinent part: § 636 Jurisdiction, powers, and temporary assignment. (a) * * * (b) (1) Notwithstanding any provision of law to the contrary— * % * sfc * (b)(3) A M...
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MEMORANDUM OF DECISION This is an action for the refund of federal estate taxes of $22,824.90, plus assessed interest of $3,513.78, for a total of $26,338.68 plus statutory interest. The plaintiff is the executor of the estate and also a son of the decedent, Hazel S. Robinson, who died in San Francisco on November 13, 1968. The matter was tried to the court sitting without a jury, and thereaf...
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ORDER This is a Truth-in-Lending action, 15 U.S.C. § 1601 et seq. and attendant regulations, reported to the court by the United States Magistrate, 28 U.S.C. § 636. The magistrate, after thorough study and review, has recommended staying plaintiff’s action for ninety (90) days pending the outcome of a simultaneously proceeding state court action involving these same parties and. issues. The magis...
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MEMORANDUM This is a suit for declaratory, injunctive, and monetary relief brought by four migrant agricultural workers on behalf of themselves and all others similarly situated against three private defendants, three federal agencies, and various federal officials for alleged violations of the Farm Labor Contractor Registration Act, 7 U.S.C. §§ 2041, et seq. (“FLCRA”); the Wag...
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OPINION This case presents the novel question of whether or not the United States is barred by the Michigan “No Fault” automobile insurance act from bringing an action for damages to a Government-owned motor vehicle caused by the negligence of the defendant, driver of a Michigan-registered motor vehicle. That single question, however, disguises a more complex consideration of the relationship b...
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MEMORANDUM AND ORDER Defendants Leonard Morris and Charles Morris, indicted for armed bank robbery in violation of 18 U.S.C. § 2113, have each moved to suppress certain oral statements. Leonard Morris asserts that he was arrested without probable cause and that his statements should be suppressed as the “fruit” of the illegal arrest. Charles Morris likewise contends that his statements were t...
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*722OPINION Responsible compliance with discovery rules is essential to orderly civil litigation in the federal courts. Wilful disregard by counsel of their discovery obligations has harmful effects which extend beyond the frustration of justice in the particular lawsuits involved. Such wilful defaults also undermine the administration of justice generally, by subverting the efficiency of the jud...
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MEMORANDUM ORDER The Plaintiff has brought suit seeking to enforce a settlement agreement reached with the Defendant over a grievance involving the method by which its members compute the time spent taking their coffee or rest breaks. The length of the breaks is also in question. Briefly, the union contends that the settlement constitutes a binding contract that may be judicially enforced without ...
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*428MEMORANDUM Plaintiff, Joe E. Garst, alleges that the defendants conspired to deprive him of his position as an employee of the United States Army Computer Systems Command, Support Group, Fort Lee, Fort Lee, Virginia. Plaintiff alleges that defendants conspired to harass him because of grievances filed by him with the United States Civil Service Commission. The defendants are: Harold H. Brown, ...
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MEMORANDUM AND ORDER The plaintiff, United States, has filed a motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Jurisdiction in this civil action is grounded on 28 U.S.C. § 1345. Plaintiff’s complaint basically alleges that Security State Trust and Savings Bank of Bettendorf, Iowa (Security) made a loan to Fisher-Crest Ltd., Co. in the original principa...
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In this civil action plaintiff is attempting to recover damages for the emotional distress allegedly caused by the defendant when it forced him out of the gasoline retailing business because he refused to participate in a vertical price fixing scheme. He claims that he is entitled to these damages in two ways: first, he asserts that emotional distress is a recoverable element of damages in an a...
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In this civil action, a distributor of fluorescent lamp ballasts has sued a manufacturer of that product and its parent. The dispute here arises out of a longstanding agreement between the parties which was never reduced to writing. Each side has charged the other with a breach of this oral agreement, and the plaintiff has further charged the defendants with various violations of federal and st...
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OPINION Plaintiff is a qualified mortgage banker possessing special expertise in the field of obtaining residential mortgage insurance for third parties through the United States Department of Housing and Urban Development (HUD), and in particular, the Federal Housing Authority (FHA). He brings this suit against the United States under the Federal Tort Claims Act, alleging that certain federal ...
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OPINION Alan C. Higgs, a constable by virtue of his appointment by the City of Plainfield, has served the Union County District Court under annual appointment by the Presiding Judge of that court since 1961. On or about February 20, 1976, he executed a Warrant for Possession issued by the Union County District Court in landlord/tenant summary dispossess proceedings in which Dominick ...
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MEMORANDUM First State Bank of Hudson County (First State) sues the United States under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq. The claim is grounded on the proposition that in 1972 the Federal Deposit Insurance Corporation (FDIC) conducted an examination of the bank, with the report noting a number of exceptions. These included undue concentrations of credit (about 172% of tot...
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OPINION This is an action brought under the Administrative Procedure Act, 5 U.S.C. §§ 701 et seq. to set aside an order of the Environmental Protection Agency. That order required that a grantee under Title II of the Federal Water Pollution Control Act *72 (FWPCA), 33 U.S.C. §§ 1281 (Supp.1977) et seq., readvertise bids on a contract to construct part of...
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Page I. Introduction 1213 II. Procedural History 1215 A. This Case 1215 B. Administrative 1216 1. State-Riley Reid Orders 1216 2. Federal 1218 III. Facts 1219 A. History of Special Day Schools 1219 B. Special Day Schools Today . 1221 C. Statutory and Organizational Framework 1224 1. Federal 1224 a. Education of All Handicapp...
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MEMORANDUM AND ORDER The decisions reached herein are in answer to the defendants’ motion to dismiss the complaint. The underlying action was commenced by Viking Travel, Inc. on behalf of itself and other similarly situated travel agents against two domestic and seventeen foreign airlines engaged in transatlantic air service. The complaint sets forth two causes of action. The first allege...
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OPINION AND ORDER This case involves a claim for Thirty Million Dollars for losses and for damages allegedly suffered by plaintiff due to defendant’s breach of contract. It is now before the Court a motion for a protective order filed by plaintiff’s New York accountants upon a notice of deposition and production of documents served on them by defendant and defendant’s motion to compel the plainti...
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MEMORANDUM RULING On August 16, 1977, a federal grand jury in and for the Western District of Texas returned an indictment charging Braniff Airways, Inc., and Texas International Airlines, Inc., in two counts, with participation in a combination and conspiracy in restraint of trade and commerce in violation of Section 1 of the Sherman Act, and with participation in combination and conspira...
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MEMORANDUM This is an action brought by the Interstate Commerce Commission under 49 U.S.C. § 322(b)(1) seeking to enjoin defendants from retaining for their own use duplicate payments of freight charges made by users of their transportation services. It is alleged that such retention is a violation of 49 U.S.C. §§ 316(b), (d), and 317(b). Defendants moved under Rule 12(b), Fed.R. Civ.P., to dismi...
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MEMORANDUM RULING Betty Jean McCoy filed this action against James Thorn and the city of Bossier City, Louisiana, contending that Thorn *352 physically abused her son Morace Lyndell Madden in violation of Madden’s constitutional rights. The complaint alleges state and federal law claims against Thorn and the City. Mrs. McCoy claims that the City is liable, as Thorn’s employer...
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OPINION AND ORDER Defendants are charged in nine counts of a ten-count indictment with conspiracy, perjury, subornation of perjury and obstruction of proceedings before the National Labor Relations Board (NLRB). Count 10 additionally charges defendant Sheldon Golub with perjury before the grand jury. Defendant John Mongello has moved to dismiss the indictment as against him on the grounds of pr...
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On March 9, 1978, at a regularly scheduled pre-trial conference attended by counsel for all the parties, the Court, on its own initiative, raised the question whether the sheer size of this antitrust litigation and the complexity of the issues involved did not place the matter beyond the capacity of a jury’s proper understanding and consequently render it unfit for jury determination. An oral orde...
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OPINION On December 21, 1977, the Grand Jury in five counts indicted the defendant for violating § 186(b), 29 U.S.C. This section provides in its pertinent part as follows: “It shall be unlawful for any person to receive, or accept, any payment ... or delivery of any money . . . prohibited by subsection (a) of this section.” *20Subsection (a) states in its pertinent part that: “It shall be unlawfu...
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OPINION This action by the plaintiff, United Steelworkers of America, AFL-CIO, to enforce a labor arbitration award against the defendant Latrobe Steel Company, pursuant to 29 U.S.C. § 185, is presently before me on cross-motions for summary judgment. The defendant argues that this award is unenforceable as a matter of law, having been procured through misrepresentation and also is one which was ...
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OPINION AND ORDER On August 4, 1977, the Grand Jury returned a thirty count indictment charging defendants with numerous statutory violations arising from an alleged conspiracy to smuggle snakes and sundry other reptiles into this country. 1 Defendants pleaded not guilty to all counts and have moved to dismiss the indictment on the ground that the Lacey Act, 18 U.S.C. § 43, is ...
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OPINION This is an action for damages brought by Plaintiff, Leslie Weiss, against Defendants, Theodore Patrick, Jr., and Albert Turner, alleging a conspiracy under the provisions of 42 U.S.C. § 1985(3) together with pendant claims for damages for assault and battery and false imprisonment. The Complaint was filed July 22, 1975. It alleges that Plaintiff is an active member in a religious orga...
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453 F. Supp. 401 (1978) Callie Mae NEWSOM, on her own behalf and on behalf of all others similarly situated v. VANDERBILT UNIVERSITY, Mary Jane Livingston Gunter, Director of Health Care Survey Construction, Tennessee Department of Public Health, Eugene W. Fowinkle, M.D., Commissioner of the Tennessee Department of Public Health and Joseph Califano, Secretary of Health, Education and Welfare. No....
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OPINION Plaintiffs were injured during May and June of 1976 while employed by defendant aboard its floating seafood processor UNI-SEA. They have instituted independent actions seeking recovery of damages as seamen pursuant to the Jones Act or the admiralty doctrine of seaworthiness. A threshold question regarding the status of plaintiffs is presented; defendant contends that at the time o...
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MEMORANDUM OPINION AND ORDER James M. Woodward, a former United States Naval Air Reservist, brings this action against several defendants including his former immediate commanding officer, the Secretary of the Navy and other Navy officials, seeking reinstatement to active duty in the United States Navy, back pay and other relief. Cross motions for summary judgment have been filed by ...
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MEMORANDUM OPINION This action for declaratory and injunctive relief challenges the constitutionality of the National Flood Insurance Program (the “Program”), 42 U.S.C. §§ 4001-4128, 1 and the administrative regulations implementing the Program, 24 C.F.R. §§ 1909.1-1925.-14. Plaintiffs are the State of Missouri, 40 political subdivisions in 12 states, and 30 individual landowner...
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Plaintiffs, against whom a jury verdict was rendered in a motor vehicle accident *1163case, have filed timely motions for a judgment n. o. v. in their favor or in the alternative for a new trial. The action may be viewed as one solely by the plaintiff Stella Lillie Lynch Townsend (“Townsend”) against the defendant John Roland Wise (“Wise”).1 The accident occurred in Delaware when Townsend, who was...
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MEMORANDUM DECISION The Court, having heard oral arguments and reviewed all depositions, pleadings, affidavits, answers to interrogatories and admissions, finds the following facts to be undisputed: 1. That plaintiff, Paul Gowin, was employed by defendant, Finke Lumber Company, Inc.; 2. That a dispute arose between defendant, Carl Finke, and Gowin concerning reimbursement for mileage costs,...
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Memorandum This is a prosecution by an indictment which in one count charged Allied Asphalt Company, Arcóle Midwest Corporation, Brighton Building & Maintenance Company, Material Service Corporation, Robert R. Anderson Co., Thomas Bowler, and Gerald R. Nagel with conspiracy in violation of Section 1 of the Sherman Act; 1 and in ten other counts, with mail fraud. 2 Pr...
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MEMORANDUM OPINION THIS MATTER coming on for consideration upon the motion of the defendant for summary judgment and the Court having reviewed the memoranda filed, together with the administrative record and the entire file in this cause, it is concluded that the motion is not well taken and should not be granted. This is an action brought by Nick D. Gonzales, as plaintiff, pursuant to 42 U.S...
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MEMORANDUM AND ORDER By separate orders to show cause with petitions, affidavits and other papers annexed thereto, petitioners have applied for writs of habeas corpus directing respondents to discharge them from custody forthwith and to dismiss Kings County Indictment No. 821-77 against them on the *340grounds that any further proceedings against them upon such indictment would subject them to be ...
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MEMORANDUM OF DECISION AND ORDER Plaintiff in the above-entitled action challenges the granting by defendant Comptroller of the Currency 1 (Comptroller) of branch certificates for the operation of two customer electronic funds transfer centers, otherwise known as customer bank communications terminals (CBCTs), 2 by de *778 fendant The Merchants National ...
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OPINION Plaintiffs Donald Ventetuolo and Alfred Santaniello bring this damage action under 42 U.S.C. sec. 1983 (1970), claiming that defendants, Dr. Fred Burke, then Commissioner of Education for the State of Rhode Island, and Dr. Rudolfo Martinez, then Director of Northeast Area Manpower Institute for Development of Staff (“NEAMIDS”), violated their rights secured by the fourteenth amend...
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MEMORANDUM Defendants were indicted in three counts by the federal grand jury. The first count charged defendants with conspiring to introduce marijuana into a federal penal or correctional institution in violation of 18 U.S.C. § 371; the second count charged them with introducing marijuana into a federal penal or correctional institution in violation of 18 U.S.C. § 1791 1 and 28 C.F.R. § 6.1...
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MEMORANDUM This diversity action was brought by the plaintiff, Arnold Ray Mathis, both individually and in his capacity as Administrator of the Estate of the decedent, Wanda J. Mathis, against the defendant, Earl O. Ammons. The complaint alleges that the decedent was killed while a passenger in an automobile that was negligently driven by the defendant. The plaintiff is the natural father...
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MEMORANDUM AND OPINION I. INTRODUCTION AND BACKGROUND On August 29, 1977, Magalene Harper and 21 other named plaintiffs, on behalf of themselves and all others similarly situated, filed suit against the individual members of the Harris County Commissioners’ Court, the Harris County Sheriff and the Harris County District Attorney alleging that certain of the recently enacted county re...
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DECISION AND ORDER These two unconsolidated civil actions will be treated together in this decision because they raise a common question about the propriety of the court’s invocation of its civil contempt powers in the circumstances hereafter described. In Richardson Trucking, the plaintiff has filed a motion for an order finding the defendant in contempt for failure to comply with findings...
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ORDER This Court has considered Defendant’s Motion to Reduce Sentence, the Opposition thereto, and the entire record herein. Defendant was sentenced by this Court on October 20, 1977, to a term of years to run concurrently by the counts and concurrently with any sentence previously imposed. Defendant was previously sentenced in Superior Court of the District of Columbia on April 6, 1977. Presently...
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MEMORANDUM This is an action under Section 7(d) of the Department of Housing and Urban Dévelopment Act, 42 U.S.C. § 3535(d), and the Fifth Amendment of the United States Constitution, in which plaintiff challenges certain regulations of the Department of Housing and Urban Development (“HUD”) and HUD’s imposition of administrative sanctions against plaintiff pursuant to those regulations in connec...
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ORDER This action comes before the court on defendants’ motion to dismiss. The defendants, Robert Thomas and Paula Burns, contend that the Special November, 1975, Grand Jury, which returned indictments charging them with mail fraud, was improperly impaneled thereby violating their rights to due process. The instant indictments were returned by a Special Grand Jury impaneled pursuant to Title I of ...
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MEMORANDUM OF DECISION This is an action under the Immigration and Nationality Act of 1952, 8 U.S.C. § 1101, et seq., to cancel the Certificate of Naturalization of the defendant, Frank Walus, also known as Franciszek Walus, and to revoke the order admitting him to United States citizenship. That order was entered by the United States District Court for the Northern District of...
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MEMORANDUM AND ORDER This is a civil antitrust action brought by the State of Maryland, in the person of its Attorney General Francis B. Burch, under sections 4C and 16 of the Clayton Act, 15 U.S.C. §§ 15c and 26, as amended by Title III of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, Pub.L. 94-435, 90 Stat. 1394, 15 U.S.C. § 15c et seq. (Sept. 30, 1976). Additionally, a pendent clai...
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ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION Plaintiff moves for a preliminary injunction which would stay the effective date of a recently enacted Minnesota statute and would require defendants, other than the State of Minnesota, to sell their products to plaintiff pending trial on the merits. Plaintiff’s motion is denied. Plaintiff is a South Dakota corporation licensed in South Dakota and M...
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MEMORANDUM This matter is before the Court upon plaintiff’s objections to the review and recommendation filed herein by the United States Magistrate to whom this cause was *246referred. Plaintiff filed this suit seeking review of the decision rendered by the Secretary of Health, Education and Welfare granting social security benefits to plaintiff’s children, based upon the earnings record of plain...
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Motion for a preliminary injunction is denied. This Court has jurisdiction pursuant to 29 U.S.C. § 185 and 28 U.S.C. §§ 1381, 1337. THE FACTS The present controversy, even in its preliminary stage, involves the interplay of various and competing governmental policies. Plaintiffs, citing Section 301 of the Labor-Management Relations Act of 1947 [“LMRA”], 29 U.S.C. § 185, urge the ...
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OPINION Louis Marx & Co. (“Marx"), a Delaware corporation with its principal place of business in Connecticut, is a toy manufacturer and distributor. Alleging unfair competition, breach of contract, conversion and conspiracy to interfere with advantageous business relationships, Marx brings suit against: (1) the former manufacturer of its juvenile typewriter line, Fuji Seiko Co., Ltd. (“F...
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OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff Louis Marx & Co. (“Marx”) and defendant Buddy L Corporation (“Buddy L”) are in the business of importing and selling toy typewriters. At the time in question both purchased their stock from a single Japanese manufacturer. Plaintiff sold the “Marxwriter” and defendant sold the Buddy L “Easy Writer” which are substantially similar i...
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OPINION Plaintiff, Hazelwood Chronic & Convalescent Hospital, Inc. (Hazelwood), a member of a Medicare reimbursement program, filed this action to challenge the constitutional and statutory validity of a regulation —20 C.F.R. § 405.415(d)(3). The regulation was promulgated by defendant Secretary of Health, Education and Welfare (the Secretary) and is enforced by the Secretary’s agent, def...
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OPINION Defendant, L. C. Greenwood, (hereinafter Greenwood) a professional football player, signed a contract to play football for the plaintiff, Alabama Football, Inc., (hereinafter AFI) beginning in 1975. AFI is an Alabama corporation which operated a professional football franchise known as the Birmingham Americans in the World Football League (hereinafter WFL). Neither Greenwood nor the Bir...
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*1152MEMORANDUM DECISION Petitioner Robert J. Parker seeks a writ of habeas corpus pursuant to 28 U.S.C. 2254, based upon his allegations that his state court conviction of two counts of distribution of marijuana presented error entitling him to relief by this court. In his petition, he specifically enumerates five grounds for relief. First, he contends that he was denied due process by the trial ...
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MEMORANDUM OPINION AND ORDER The petitioner Mr. Hill, who is in the custody of the respondent pursuant to his convictions in the Criminal Court of Washington County, Tennessee, seeks herein a declaratory judgment by this Court, 28 U.S.C. § 2201,1 that such convictions are “ * * * unconstitutional and [to] [o]rder same void and of no effect and [o]rder the records relative to same expunged. * * * ”...
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OPINION Presently pending before the Court is the Defendants’ Motion to Dismiss certain parts of the complaint in this case. Plaintiff, Peter Guilday, is an investigator in the Philadelphia Office of the Immigration and Naturalization Service (“INS”) of the United States Department of Justice. On February 8, 1973, he filed a pro se complaint in this Court, 1 alleging...
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OPINION Plaintiff James Hayes has been employed by the defendant City of Wilmington (“City”) as a member of the defendant Bureau of Fire since 1960. In March 1973, Hayes was suspended without pay for allegedly violating three of the Bureau of Fire’s rules. The suspension lasted approximately four and one-half months and ended immediately after a departmental Trial Board held a hearing on ...
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MEMORANDUM OPINION AND ORDER OF DISMISSAL Plaintiff seeks declaratory relief and preliminary and permanent injunctions, holding Article II, Sec. 2.01 D* of the Home *409Rule Charter of Broward County, Florida to be facially unconstitutional and unenforceable in his prospective candidacy in the September, 1978 primary election for Broward County Commission, and likewise violative of the First and F...
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OPINION This is an action brought pursuant to section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), for judicial review of a final decision of the Secretary of Health, Education and Welfare (Secretary). The decision, dated May 27, 1977, affirmed an Administrative Law Judge’s (ALJ) decision of October 22, 1976, denying plaintiff’s claim of entitlement to a period of disability and to di...
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MEMORANDUM OPINION Plaintiffs, Steven and Susan Horn, bring this action against National Homes Acceptance Corporation (NHAC) to recover $61,-209.60, twice the amount of the prepayment of their mortgage loan, under the Illinois Usury Statute, Ill.Rev.Stat. ch. 74, § 4. Defendants removed this suit from the Circuit Court of DuPage County, Wheaton, Illinois, pursuant to 28 U.S.C. § 1441. Accordingly...
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By an amended complaint, filed September 21, 1977, Nationwide Mutual Insurance Company (Nationwide) requests declaratory and injunctive relief against defendants, officials of the Social Security Administration (SSA), Department of Health, Education and Welfare (HEW) and the Department of Labor. Plaintiff seeks to prevent public disclosure of information submitted to the Social Security Adminis...
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*753 MEMORANDUM AND ORDER Plaintiff brought this action under the Freedom of Information Act (hereinafter “FOIA”), 5 U.S.C. § 552 et seq., seeking a court order directing the Federal Bureau of Investigation (hereinafter “FBI”) to release all materials in its possession relating to the plaintiff. Although numerous documents have been released to plaintiff, defendant has...
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MEMORANDUM AND ORDER In this civil rights action brought pursuant to 42 U.S.C. § 1983, plaintiffs have, in effect, sought advance rulings of law by way of two separate motions for partial summary judgment, Rule 56(a), F.R.Civ.P., and one of the defendants, the District Attorney for Queens County, has moved for judgment on the pleadings, dismissing the claims against him, Rule 12(c), F.R.Civ.P. Fo...
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MEMORANDUM DECISION The following facts, which I find, provide the framework within which the issues in this lawsuit arose. The Long Island Home, Ltd. (“the Corporation”) is an old, well-run, and profitable psychiatric hospital and nursing home in Suffolk County, Long Island. Since 1949 Otis G. Pike, the defendant, has been a shareholder and director of the Corporation. In 1974 Pike ...
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MEMORANDUM DECISION Plaintiff Pedrito Ubiera is a native of the Dominican Republic. On November 20, 1970, he married Anna Rodriquez, a permanent resident alien of the United States. On the basis of this marriage, he obtained an immigrant visa to the United States as a second preference immigrant under Section 203(a)(2) of the Immigration and Nationality Act (“Act”), 8 U.S.C. § 1153(a)(2)....
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MEMORANDUM OF DECISION AND ORDER James Franklin Reeves, petitioner, present age sixty-eight, was tried in the Superior Court of Mecklenburg County, *784 North Carolina, on a charge of second degree murder, was convicted by a jury on January 16, 1976, of voluntary manslaughter, and was sentenced to prison. Reeves, now in prison, seeks habeas corpus relief, contending that he was deprived of ...
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OPINION This is a suit for damages to a shipment of storm windows originating in Indiana, Pennsylvania, and terminating in Fairbanks, Alaska. The background of this dispute is fully set forth in our opinion at 417 F.Supp. 998 [W.D.Pa.1976] and will not be repeated here. However, for reference we briefly state that plaintiff Season-All Industries, Inc. (Season-All) is the manufacturer of t...
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This matter is presently submitted for the Court’s consideration of the government’s motion to dismiss which the Court has chosen to treat as a motion for summary judgment. The Court has considered the record in this case, the memoranda of law and oral arguments advanced by counsel for all parties, together with the applicable law, and finds as follows: FINDINGS OF FACT 1. The plaintiff in this ca...
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MEMORANDUM Plaintiffs Davis Walker Corporation and United International Corporation seek declaratory and injunctive relief with respect to the “trigger price mechanism” (TPM). Plaintiffs claim that the adoption by the Department of the Treasury (Treasury) of the TPM insofar as it pertains to steel wire rod contravenes the Antidumping Act, 19 U.S.C. §§ 160-173 (1970), as amended, ...
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RULING This action was filed on December 17, 1976 under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), for review of a decision by the Secretary denying plaintiff’s application for a period of disability and for disability insurance benefits, and supplemental security income benefits under Titles II and XVI of the Social Security Act. The Secretary filed an answer and a motion for ...
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RULING ON MOTION Jurisdiction of this court in this case (alleging discrimination by defendants in their hiring and advancement practices) has been invoked pursuant to Title 28 U.S.C. §§ 1343(3)(4), 2201, 1331, and the Fourteenth Amendment. Plaintiffs also cite Title 42 U.S.C. §§ 1981 and 1983 as a basis for this action, which is brought as a class action under Rule 23(b)(2) of the Federa...
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OPINION Rarely does a case involve conflicting interests as important and as difficult to reconcile as those in this litigation. The psychological testing which Jersey City uses to screen applicants for its fire department has been challenged by plaintiffs as an invasion of the applicants’ constitutional rights. In plaintiffs’ view, conditioning employment on psychological testing of questionab...
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OPINION Plaintiff moves for (1) the appointment of a guardian ad litem for the putative class, or (2) certification pursuant to 28 U.S.C. § 1292(b) of our opinion and order dated April 19, 1978, 78 F.R.D. 669. He *673also moves, in a separate motion, for (1) a list of the “class” members and (2) an order compelling the production of certain documents. Plaintiff brought this direct action under Sec...
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MEMORANDUM AND ORDER The matter at hand concerns the first step taken in an action commenced by Johanna Farms, Inc. (hereinafter “Johanna”) against Citrus Bowl, Inc. and Tropicana Products, Inc. (hereinafter “Tropicana”) for permanent injunctive relief, an accounting of profits, and for punitive as well as compensatory damages. The claim upon which this relief is predicated sounds in comm...
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MEMORANDUM OPINION This action was commenced when Security Bank and Trust Company (Security), a state banking association chartered under the laws of the State of North Carolina, filed a complaint in this court for declaratory and injunctive relief. Security seeks to overturn the approval of the Comptroller of the Currency (Comptroller) of an application filed by First National Bank of Albemarle ...
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MEMORANDUM OPINION Colonel Kenneth A. Gaskin, sole proprietor of Tiara Oil Company, filed this complaint pro se on January 14, 1976, alleging that the defendants had violated both federal antitrust law and Pennsylvania tort law. Colonel Gaskin later retained counsel, and, after protracted discovery, this case was tried without a jury on April 24-28, 1976. At the close of plaintiff’s case, all four...
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MEMORANDUM Presently before the Court is the motion for judgment on the pleadings of defendants Thomas Jefferson University Hospital and Dr. Laird G. Jackson. Defendants S. Bruce Rubin, M.D., and Arnold Kessler, M.D., have been permitted to join as moving parties on the motion for judgment on the pleadings by Order of the Court. For the following reasons, the motion of defendants for judgment o...
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MEMORANDUM OPINION, ORDER AND CERTIFICATE The petitioner Mr. Thomas Lee Willis requested pro se this Court to entertain his application for the federal writ of habeas corpus. He is in the custody of the respondent warden pursuant to the judgment of May 26, 1977 of the Criminal Court of Sullivan County, Tennessee resulting from his bargained plea of guilty to the crime of grand larceny. He claims t...
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MEMORANDUM OPINION ACTION FOR DAMAGES Norwilton Murray seeks to recover damages for injuries which he sustained while installing a control panel manufactured by Beloit Power Systems, Inc. Plaintiff’s damage claim is grounded upon alternative legal theories, negligence and strict products liability. At the conclusion of plaintiff’s case in chief, discussions were held in court chambers as to p...
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DECISION AND ORDER This is an action brought pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b) and §§ 2671 et seq., for the recovery of damages allegedly sustained by the plaintiff Theresa M. Hervey while she was in the custody of the United States as a federal prisoner. Presently before the court are the plaintiff’s motion for summary judgment on the issue of the defendant’s l...
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*722 DECISION AND ORDER On February 17, 1978, a stipulation for settlement of this action was filed with the court. The settlement provided for payment of $4,500 by Dr. Weinshel and his insurer to the plaintiff, and for payment of $4,500 by Milwaukee County to the plaintiff. The sums were paid into court, the action was dismissed, and on May 6, 1978, the clerk of court was ordered to pay $7,9...
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ORDER Janie Gibbs, a state prisoner presently serving five consecutive life sentences imposed after a jury found her guilty of the poisoning murders of five of her close relatives, petitions this court for habeas corpus relief. Her sole contention challenges the voluntariness of her confession given during custodial interrogation after waiver of rights. The confession was admitted into evidence...
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ORDER This appeal presents the issue of whether a bankrupt is entitled to be discharged from student loans he made while attending the Medical College of Georgia. Concluding that the Bankruptcy Judge reached the proper result in declining to discharge these loans, this Court affirms. I. The facts giving rise to the instant case are undisputed. John Scott Cutter Mills attended the Medical Co...
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451 F.Supp. 683 (1978) Geraldine DORSEY, Plaintiff, v. FEDERAL RESERVE BANK OF ST. LOUIS, Defendant. No. 78-231C(2). United States District Court, E. D. Missouri, E. D. May 24, 1978. *684 Louis Gilden, M. Ellen Simmons, St. Louis, Mo., Norton Y. Beilenson, Clayton, Mo., for plaintiff. Thomas E. Wack and Edwin S. Fryer, Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., for defendant. MEM...
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*409OPINION AND ORDER The issues in this action having been fully resolved adversely to plaintiffs after trial, 431 F.Supp. 959 (S.D.N.Y.1976) and on appeal, 560 F.2d 1078 (2d Cir. 1977), there is before me on remand from the Court of Appeals the sole remaining matter of the redetermination of attorneys’ fees and litigation expenses due defendants, in accordance with the Court’s instructions as s...
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This is a petition, pursuant to 28 U.S.C. § 2254, for a writ of habeas corpus brought on the ground that the petitioner was denied due process of law at his state trial by virtue of prosecutorial misconduct. The petition alleges that the prosecutor’s improper cross-examination of petitioner, compounded by his improper summation, deprived petitioner of a fair trial in violation of the due process ...
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OPINION AND ORDER This matter is before the Court on the motion of plaintiff, Tuskegee Alumni Housing Foundation [hereinafter TAHF], for a judgment notwithstanding the verdict. Defendant National Homes Construction Corporation has filed a memorandum in opposition, and plaintiff has replied to that memorandum. The essential facts underlying this litigation were set forth in this Court...
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OPINION The defendant F. W. Standefer together with Gulf Oil Corporation and Joseph F. Fitzgerald was charged in a nine-count indictment with offenses in connection with giving fees, compensation or rewards not prescribed by law to Cyril J. Niederberger, a supervisory internal revenue agent who was case manager for the audit of Gulf Oil Corporation income tax returns for the years 1959 to...
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OPINION This civil rights suit is related to Civil Action No. 77-3454, Boyce v. School District of Philadelphia. In both, plaintiff seeks redress for allegedly unconstitutional dismissal from public employment. Defendants in No. 77-3454 are Philadelphia School District Superintendent Michael P. Marcase and Personnel Director Murray Bookbinder.1 Defendants in the instant case are three municipal o...
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MEMORANDUM OPINION On March 29, 1974, plaintiff, Beverly J. Nitterright, an Accounting Technician employed by the Department of the Navy, filed a formal administrative complaint of sex discrimination. Plaintiff alleged a failure and refusal on the part of defendant 1 to compensate her at a rate of pay equal to that received by male employees performing the same work. *1...
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MEMORANDUM OPINION The dispositive issue in this case, a taxpayer suit to enjoin and declare unlawful tax collection efforts by the Internal Revenue Service, is whether equitable jurisdiction exists to entertain plaintiff’s claims as is required by the Enochs v. Williams Packing & Navigation Co., 370 U.S. 1, 82 S.Ct. 1125, 8 L.Ed.2d 292 (1962) and Commissioner v. Shapiro,...
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MEMORANDUM OPINION AND ORDER This is an action brought by a prisoner in state custody alleging a violation of his civil rights, 42 U.S.C. § 1983. In March of 1967, plaintiff was arrested and charged with the murder of a Chicago police officer. During the arrest, plaintiff charges he was beaten and rendered unconscious by defendants, four other Chicago police officers. Plaintiff was subseq...
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MEMORANDUM AND ORDER I. On March 6, 1975 the Plaintiff filed his Application for Disability Insurance Benefits. The Plaintiff appeared pro se at his hearing before the Administrative Law Judge (hereinafter A.L.J.) who found Plaintiff ineligible for disability insurance benefits in a written opinion dated April 9,1976. On May 12, 1976 the Plaintiff filed for review of the decision of ...
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MEMORANDUM This matter is before the Court upon separate motions of defendants City of St. Louis and Manley Investment Company to dismiss plaintiff’s complaint. Plaintiff has filed this suit, pursuant tc 28 U.S.C. § 1331, seeking declaratory and monetary relief for an alleged taking of plaintiff’s property. Plaintiff’s complaint alleges that on November 28, 1952, it entered into a lease of premise...
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MEMORANDUM Plaintiffs brought this action seeking reinstatement with back-pay from the date of their termination as St. Louis city employees. They seek to proceed as class representatives of all those persons similarly situated. The complaint is based upon the allegations set out below. Plaintiffs Gooley, Hemphill and Casey all applied for employment with the City of St. Louis in 1977. Case was hi...
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AMENDED JUDGMENT Upon due consideration of the stipulation of the parties herein whereby the appellees consented to the waiver of their claim to attorneys’ fees under 42 U.S.C., Section 1988, and that the appellant would forego further prosecution of its appeal, and in further conformity with the Order entered by the United States Court of Appeals, the original judgment rendered herein is hereby ...
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OPINION Salvatore Tumminello instituted.this action against the Bergen Evening Record [Record]; William Soiffer, one of its reporters; United Press International, Inc. [UPI]; Associated Press, Inc. [AP]; American Broadcasting Companies [ABC]; CBS, Inc. [CBS]; and National Broadcasting Company, Inc. [NBC]. The defendants now move to dismiss the complaint for failure to state a claim under ...
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OPINION Plaintiff, Tarstar Shipping Co. (“Tars-tar”), owner of the vessel M/V “Aliki I.P.” (“the Aliki”), sues defendant Koctug Line (“Koctug”), a Turkish shipping company, to recover $85,071.55 plus interest from March 8, 1976. 1 Tarstar claims that Koctug unjustifiably refused to honor Tarstar’s notice of lien, served on Koctug on March 8, 1976, in which Tarstar asserted a su...
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MEMORANDUM AND ORDER Plaintiff brings suit for the refund of federal income taxes in the amount of $328.47 for the calendar year 1972 which he paid when a deduction was denied by the Internal Revenue Service for expenses he incurred in moving his wife and children from India to Washington, D. C. in June of 1972. There being no factual matter in dispute, the government has moved for summary judgmen...
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MEMORANDUM (APPLICATION OF LESTER WEBER) The Trustee moves pursuant to Chapter X Rule 10-701 and Bankruptcy Rule 756 for summary judgment dismissing the application of Lester Weber. Weber cross-moves for an order determining that the Court lacks summary jurisdiction over this matter and permitting him to withdraw his application. The motion was argued on April 5, 1978. On or bef...
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John M. Ratchford, a prisoner confined at the State Correctional Institution at Graterford, Pennsylvania, filed this complaint pro se on May 25, 1977. Ratchford seeks both damages and equitable relief under the Civil Rights Act of 1871, as well as a declaratory judgment. Defendant Jeffes, Superintendent of the State Correctional Institution at Dallas, Pennsylvania, and the sole defendant named in ...
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*739MEMORANDUM Plaintiff has filed a motion to amend his complaint so as to state a cause of action against Union County and the City of Maynardville directly under the Fourteenth Amendment and to add a request for attorney’s fees under 42 U.S.C. § 1988. Even though these amendments come after a response has been served, Rule 15(a), Fed.R. Civ.P., states that leave of the Court “shall be freely g...
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MEMORANDUM DECISION AND ORDER FACTS On January 26, 1978, in a Magistrate’s Complaint, defendants Phillip Purer, Malcolm Willard Sherman, and Roy Cruz Escalante, together with two other persons, were charged with harboring and concealing illegal aliens at Winnie Mae Manufacturing Co., dba American Electric Corporation, on January 24, 1978, in violation of 8 U.S.C. § 1324(a)(3). ...
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MEMORANDUM AND JUDGMENT I. Introduction and Background. This matter is before the court on cross-motions for summary judgment. Because this case is somewhat complex, involving as it does a dispute over the meaning of certain Medicare regulations, a somewhat lengthy factual background is necessary. Plaintiff is an acute care health facility which is an authorized provider of services to Medi...
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ORDER Before the court is motion of defendant for summary judgment. As grounds for the motion, defendant contends the United States was either the statutory or the special employer of plaintiff and is immune from suit since plaintiff has already received workmen’s compensation benefits for his injuries. Respecting the status of the United States as a statutory employer, defendant relies on R...
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MEMORANDUM AND ORDER This cause is before the court on the crossmotions of plaintiff Seymour A. Oliff; defendant Exchange International Corporation [hereinafter EIC]; and defendants Edward L. Sax, 1 Samuel Wm. Sax, and the Continental Illinois National Bank and Trust Company of Chicago, 2 as co-trustees of the trusts of George D. Sax, for summary judgment. 3 ...
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MEMORANDUM OPINION The facts out of which this action arose have been fully set forth by this court. Kalmich v. Bruno, 404 F.Supp. 57, 60-61 (N.D.Ill.1975), rev’d, 553 F.2d 549 (7th Cir. 1977), cert. denied, 434 U.S. 940, 98 S.Ct. 432, 54 L.Ed.2d 300 (1977). In brief, plaintiff seeks recovery from defendant for the confiscation of his property i...
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453 F. Supp. 37 (1978) NEW YORK LIFE INSURANCE COMPANY, a New York Corporation, Plaintiff, v. CENTRAL NATIONAL BANK IN CHICAGO as Trustee under Trust Agreement dated April 15, 1969 and known as Trust Number 15861, Mannheim Furniture & Appliances, Inc., an Illinois Corporation, and Small Business Administration, a nonincorporated agency of the United States of America, Defendants. No. 77 C 191...
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MEMORANDUM AND ORDER On March 18, 1974, the Petitioners, Nathaniel Jeffers, Clinton Bush and Paul James Griffin, Jr., and twelve other individuals were charged in a one-count indictment in the United States District Court for the Northern District of Indiana under cause number HCR 74-56 with conspiring over a two and one-half year period to distribute heroin and cocaine in violation of Ti...
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MEMORANDUM ORDER' The defendant School Board has submitted its Tenth Semi-Annual Report on desegregation in the Minneapolis schools as required by this Court’s Order of May 24, 1972. The Court now has before it defendants’ motions to terminate the litigation, or, in the alternative, to modify previous Court orders relating to the desegregation of the student population of the district. Pl...
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OPINION This is the fourth action instituted in this Court by plaintiff, an attorney who has been the subject of state bar disciplinary proceedings. In this, his latest action, he seeks to stay and void an order of the Appellate Division, First Department, suspending him from the practice of law for three years, which was entered upon a report of a Referee who had conducted a full evidentiary h...
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MEMORANDUM In this civil rights suit Plaintiffs, black residents of the city of York, Pennsylvania (“City”), allege racially motivated abuse by city police officers. Jurisdiction is based on 28 U.S.C. §§ 1331 and 1343, with claims being asserted under 42 U.S.C. §§ 1981, 1983 and 1985. Police Commissioner Ruppert and the individual policemen filed an answer to the original complaint, while May...
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MEMORANDUM AND ORDER This case arises from the same accident described in the related case of Swick v. Benscoter and Meitzler, 462 F.Supp. 24 (E.D.Pa.), decided this same date, except that decedent’s sister, H. Pam Stover, has been appointed his administratrix ad prosequendum. However, this particular appointment in itself does not change the court’s reasoning in granting defendants’ Motion for Su...
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MEMORANDUM AND ORDER This is an action by a New Jersey citizen who has been appointed administrator ad prosequendum of the estate of a decedent who had been a Pennsylvania citizen and who died intestate. The decedent was killed in an automobile accident in Warren County, New Jersey. 1 Gordon W. Benscoter, a citizen of Pennsylvania, was the driver of the vehicle in which plaintiff’s decedent w...
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*236 OPINION AND ORDER The complaint in this case was filed on June 1, 1977, and the jurisdiction of this Court was invoked under Title 28, United States Code, Sections 1343(3), 1651, 2201 and 2202. It is alleged that plaintiff Pedro A. Vega Cruz is a juvenile presently within the custody of the Secretary of the Department of Social Services of the Commonwealth of Puerto Rico and residing at ...
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This matter is presently submitted for this Court’s determination of a reasonable attorneys’ fee award on behalf of plaintiffs’ counsel for work performed after February 16, 1977. The Court has considered the court record, the memoranda of law and oral arguments propounded by counsel for all parties, the affidavits both in support of and in opposition to the awards claimed, together with the ap...
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MEMORANDUM OPINION This action is brought by the Secretary of Labor, under Section 17 of the Fair Labor Standards Act, 29 United States Code, Section 217, to enjoin the defendants, Howard *1335 Whitehead and James Whitehead, doing business as Whitehead Farms, from allegedly violating the overtime 1 and record keeping provisions 2 of the Act, and to restr...
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MEMORANDUM AND ORDER This action was filed on July 2, 1976 by plaintiff Harold J. Byrnes seeking to recover monetary damages for injuries sustained while under the medical care of the defendants, Francis Kirby, Paul Sergi, Francis Borgia, and Jeronimo Rodriguez, and the agents, servants and employees of the defendant Cardinal Cushing General Hospital, Inc. The plaintiff allegedly submitte...
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OPINION. Sentenced to a year’s imprisonment over 14 months ago for crimes of securities and mail fraud and conspiracy, Harold M. Yanowitch, a lawyer for many years, has remained free on bail since then while his conviction was appealed. In the meantime, he has done what most people do: he has *712contrived to go on living. Disbarred after his conviction, unemployed for a substantial period, reduce...
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Defendant Pan American World Airways, Inc. (“Pan Am”) moves for summary judgment, pursuant to Rule 56, Fed.R.Civ.P. For the reasons hereinafter stated, the motion is granted and the claims asserted by Rachel Vogel (“Mrs. Vogel”) in her individual capacity are dismissed. *225 This is an action 1 to recover for the wrongful death of Le Roy W. Vogel as the result of a cras...
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MEMORANDUM DECISION By a Memorandum Decision in this action, dated February 27, 1978, this Court found after a hearing that a proposed Stipulation of Settlement dated September 8, 1977, which if approved would dispose of the above entitled class action, was fair, reasonable and adequate. A final Judgment was filed March 9, 1978 dismissing the action with prejudice and reserving, int...
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MEMORANDUM ORDER Petitioner Jasper McLean, Jr., has filed a motion under 28 U.S.C. § 2255 seeking to vacate, set aside, or correct sentences imposed in three separate cases charging violations of the federal bank robbery statute, 18 U.S.C. § 2113. Each of the cases involved separate robberies of three different banks on different dates. The three cases were consolidated for trial, and the petitio...
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MEMORANDUM OPINION Plaintiff herein was formerly employed by defendant at its test center in Oklahoma City. His job, at the time of the acts complained of herein, was that of “deskman” or “testboardman”. As such, plaintiff was one of several employees at a “testdesk” — a large and complex panel where all trouble reports from customers were received, cleared, dispatched, and closed. ...
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ORDER This action arises from Defendants’ marketing of a pre-school testing program that *463Plaintiff alleges was designed directly from a program developed and copyrighted by Dr. Dale E. Williams and Ruth Williams and assigned to Plaintiff. 1+ is alleged that Defendant Leslie Lewis, while working with the Williamses to computerize their program, obtained copies of the program and conspired with...
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ORDER OF MOTIONS TO DISMISS AND MOTIONS TO STRIKE This matter comes before the court by virtue of several Motions to Dismiss and Motions to Strike filed on November 3,1977 by various party-defendants. This action allegedly arises over a tragic accident that occurred at the Kirkland Correctional Center in Columbia, South Carolina on August 16, 1975. Plaintiff’s decedent, James D. Belcher, was ...
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OPINION The plaintiffs in this anti-trust case ask damages and injunctive relief for violation of Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2. Plaintiffs are five chiropractors engaged in the private practice of chiropractic in Virginia and West Virginia who challenge the peer review procedure utilized by health insurance carriers in conjunction with the Virginia Chiropractors ...
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MEMORANDUM OPINION AND ORDER This a suit by Petty Officer First Class Stanley M. Neal to enjoin his discharge from the United States Navy pending resolution of his petition to the Board of Correction of Naval Records. STATEMENT OF FACTS Stanley Neal has served approximately 12 years in the Navy and has attained the pay grade E-6. His present duty assignment is Underwater Demolition Team 12, at th...
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MEMORANDUM Plaintiff, a former official of the National Security Council (NSC), brought this action under the Freedom of Information Act 1 against NSC and named defendants to •compel public release of two lists of NSC documents. One of the lists whose release is sought is a compilation of the number and exact title of each National Security Study Memoranda (NSSM) issued since January 20, 19...
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MEMORANDUM OPINION On February 27,1978, plaintiffs filed this action for declaratory and injunctive relief seeking to permanently enjoin enforcement of Fla.Stat. § 106.08(l)(d) (1977), which provides: (1) No person or political committee shall make contributions to any candidate or political committee in this state, for any election, in excess of the following amounts: * * * * *...
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OPINION AND ORDER DECLARING CERTAIN PROVISIONS OF THE JACKSONVILLE ADULT ENTERTAINMENT CODE CONSTITUTIONAL, CERTAIN OTHER PROVISIONS UNCONSTITUTIONAL, AND PARTIALLY GRANTING REQUESTED INJUNCTIVE RELIEF These cases are before the Court for final judgment on a complaint alleging the unconstitutionality of a recently-enacted Jacksonville ordinance that seeks to regulate a wide range of busin...
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ORDER AND OPINION This case came for hearing before the court on November 30, 1977. On the basis of evidence presented at that time and the-appeal file of the Civil Service Commission relating to Henrietta M. Canty, the court enters the following findings of fact and conclusions of law. FINDINGS OF FACT 1. Plaintiff, Henrietta Canty, a black female, was hired on May 9,1966 by a ...
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MEMORANDUM OPINION AND ORDER This is an action for declaratory and injunctive relief seeking to enjoin enforcement of Regulation 32.11 promulgated by the Commodity Futures Trading Commission (CFTC). The regulation, which purports to be temporary, makes it unlawful for any person to solicit or accept orders for, or accept money, securities, or property in connection with the purchase or sa...
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MEMORANDUM' OPINION The instant complaint involves challenges by plaintiffs to the operation by the Department of Housing and Urban Development (HUD) of its construction complaint and structural defect program as authorized by the National Housing Act § 518(a), 12 U.S.C. § 1735b(a), as amended. Plaintiffs, who seek to have this cause certified as a class action, allege that the...
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MEMORANDUM OPINION Plaintiff is an inventor who brings this action under the patent laws, 35 U.S.C. § 281, alleging infringement by the defendant, Hammond Corporation (hereinafter “Hammond”) of U.S. Letters Patent No. 3,548,066 (claims one through three) and U.S. Letters Patent No. 3,711,618 (claims twenty-seven through twenty-nine). Plaintiff, Alfred B. Freeman, (hereinafter “Freeman”) seeks an i...
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MEMORANDUM OF DECISION The actions sub judice involve proceedings through which the United States of America (hereafter the “government”) seeks to acquire for the use of the Tennessee Valley Authority an easement and right-of-way for electric power lines across the land of the named defendants (hereafter “landowners"). The extent, scope and nature of the easement and right-of-way are described in ...
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MEMORANDUM This claim for income tax refund was tried to the Court on November 21, 1977. In accordance with Rule 52(c), F.R.C.P., 28 U.S.C., the Court makes the following findings of fact and conclusions of law. In 1965 the plaintiff entered negotiations with Elot H. Raffety Farms, Inc., and L. D. Joslyn (an owner of one-third of plaintiff’s stock), in order to consider the prospects of cotton far...
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MEMORANDUM OPINION AND ORDER REVERSING IN PART AND AFFIRMING IN PART THE DECISION OF THE BANKRUPTCY JUDGE I. Hugh Basil Whitlock appeals from an order of the Bankruptcy Judge declaring certain debts nondischargeable and entering judgment against him on those claims. Whitlock filed his voluntary petition in bankruptcy on April 29, 1976, listing the creditor-appellees herein on his schedule of debt...
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OPINION In these consolidated cases, Johnson & Johnson asserts counterclaims against plaintiffs in connection with a trademark dispute. These claims are asserted in the Second and Third Counterclaims in Civ. 76-1150, and in the First and Second Counterclaims in Civ. 77-703. The same issues are embraced by the demand for declaratory judgment in the complaint in Civ. 77-703. This aspec...
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OPINION The Republic of Italy applies for the extradition of Michele Sindona from the United States to Italy. *674 I. The proceedings on this application are pursuant to 18 U.S.C. § 3184, 1 which provides in essence that, where there is an extradition treaty between the United States and a foreign government, a judge or magistrate of a court of record in this country may, upon complaint...
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MEMORANDUM Defendant German Ortega pleaded guilty on December 5, 1977 to one count of conspiracy to distribute cocaine and one count of distribution of cocaine. On January 30, 1978, he was sentenced to a term of imprisonment, which he is presently serving. At the time of his arrest, Ortega’s briefcase was seized and was found to contain $13,200 in American currency. That property was the subjec...
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MEMORANDUM AND ORDER On January 20, 1977, the plaintiff, Pflaumer Realty Co., Inc. (Pflaumer), was served with a grand jury subpoena requiring the production of certain of its books and records. Rather than requiring the formal production of these documents, Donald F. Manno, the Assistant United States Attorney in charge of the grand jury investigation, agreed to permit the records to rem...
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MEMORANDUM In November, 1973, plaintiff, pro se, filed a “Petition” with the United States District Court for the District of Columbia seeking to enjoin defendants, General Motors Corporation (“GM”), Chrysler Corporation (“Chrysler”), Ford Motor Company (“Ford”) and American Motors Corporation (“American Motors”) from (1) refusing to deal with new companies and consequently restraining ne...
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DECISION and ORDER In an order dated January 31, 1978, I directed the defendants to prepare and promulgate a written policy statement containing rules, consistent with the terms of that order, governing visitation of and by pretrial detainees at the county jail of Milwaukee County. The defendants have filed a set of proposed rules, and the plaintiffs and the master have submitted their comments...
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DECISION and ORDER This action is before me on the plaintiffs motion for a preliminary injunction. The plaintiff has supported its motion with affidavits; the defendant has filed a brief in response; and the plaintiff has filed a brief in reply. Numerous facts are averred in the plaintiff’s affidavits. The defendant has denied some of them in its answer but has filed no affidavits to...
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MEMORANDUM This complaint for review of decisions by the Appeals Council of the So.cial Security Administration and of the Administrative Law Judge denying plaintiff’s application for disability benefits was filed on June 14, 1976. Plaintiff moved for remand to the Secretary of HEW and the Social Security *310 Administration on January 18, 1977, for further hearings on plaint...
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OPINION On February 15, 1972, defendants Salvatore V. Bonanno and Joseph C. Bonanno were convicted of using extortionate means to collect credit in violation of 18 U.S.C. § 894, conspiracy in violation of 18 U.S.C. § 371, and being principals to a crime in violation of 18 U.S.C. § 2. Salvatore was sentenced to three years imprisonment, to run concurrently with an unrelated federal term of...
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MEMORANDUM This is an action under the Securities Exchange Act of 1934 in which the Securities and Exchange Commission (“SEC”) charges Canadian Javelin Limited (“Javelin”) a Canadian corporation trading on the American Stock Exchange, and certain of its officers, directors and shareholders with various violations of the securities laws in connection with Javelin’s filings with the SEC and...
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OPINION I The plaintiff, Paul Courts, was discharged as Project Director of the Veterans’ Outreach Center on June 9, 1977. The complaint alleges that he was wrongfully discharged for exercising his First Amendment rights and was denied procedural due process. He seeks reinstatement through mandatory injunctive relief and also compensatory damages. This Court denied cross-motions of the parties fo...
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MEMORANDUM This is a suit by a female employee alleging her former employer discriminated against her because of her sex. The plaintiff has charged and contended, inter alia, that she was paid a lower salary than her male predecessor and male successor in one position; that defendant was required to, but did not, return her to that position upon her return from maternity leave; and that later...
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In this consolidated class action, the plaintiffs, who are state prisoners, are challenging as unconstitutional conditions of confinement at the Maryland House of Correction (the “MHC”), a medium-security penal institution under the jurisdiction of the Department of Public Safety and Correctional Services of the State of Maryland. The essential claim here is that the MHC is unconstitutionally o...
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In this class action the plaintiffs, prisoners at the Maryland Penitentiary and the Maryland Reception, Diagnostic and Classification Center (MRDCC), claim that the conditions of confinement in these institutions violate their constitutional rights. 1 The class, formed under Rule 23(a) and (b)(2), F.R.Civ.P., consists of all persons who are now or will be in the future confined in each institut...
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OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION TO FILE FIRST AMENDED COMPLAINT The government began this case approximately three years ago by filing a complaint against John C. LeBar, LeBar Realty Service, Donald J. Cripps, Cripps Building Company, and John J. Zade. The complaint alleged that a conspiracy had existed among all of the defendants except Zade, the aim o...
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*1326 MEMORANDUM OPINION AND ORDER Plaintiffs are fifteen black preschool or elementary school children residing at the Green Road Housing Project in Ann Arbor, Michigan, who previously attended, are currently attending, or will be eligible to attend the Martin Luther King, Jr., Elementary School. They are suing through their mothers and the Student Advocacy Center as next friend...
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MEMORANDUM & ORDER Plaintiff Todd Haldorson has brought this action to obtain redress for alleged violations of his constitutional rights. He claims that defendant Tom Blair, a police officer for defendant City of Dilworth, Minnesota, without a warrant arrested him, illegally searched him and seized some of his personal belongings, incarcerated him without informing him of the charges lev...
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*569 MEMORANDUM OPINION On February 27, 1978, the United States, as plaintiff-intervenor, filed a motion in this cause for supplemental relief seeking the immediate closing of Camps 1 and 2 as inmate housing units at the Mississippi State Penitentiary 1 and the appointment of an environmentalist and/or special master to oversee the institution’s health, safety and main...
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This case involves the proposed construction of a highway bridge over Lake Chautauqua in southwestern New York State as part of the Southern Tier Expressway [hereinafter “STE”]. Currently pending before this court is defendants’ motion to vacate the preliminary injunction against construction which was filed by this court on May 20, 1974, 375 F.Supp. 1158 (W.D.N. Y.1974), 1 and affirmed by the ...
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ORDER This matter is before the Court upon the application of a plaintiff in a truth-in-lending case to proceed in forma pauperis under 28 U.S.C. § 1915. 1 In the complaint, which plaintiff seeks to have filed without prepayment of costs she alleges that defendant failed to make the truth-in-lending disclosures in the precise manner required by Regulation Z 2 in conn...
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MEMORANDUM OPINION AND ORDER The jury herein awarded the plaintiff Mr. Charles R. Lamb damages of $50,000 and his wife, the plaintiff Mrs. Faye Lamb, damages of $15,000. See judgment herein of April 3, 1978. The defendants moved timely for a new trial, Rules 59(a), (b), Federal Rules of Civil Procedure. The Court conducted an evidentiary hearing on the misconduct of a member of the jury, alleged b...
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MEMORANDUM OPINION The Issue This case, which is currently before the Court after an evidentiary hearing upon plaintiffs’ request for a preliminary injunction, presents this issue: May the Executive Branch of the federal government constitutionally deprive the plaintiffs of their right (established by duly promulgated regulations of the Secretary of Labor) to an administrati...
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SUPPLEMENTAL MEMORANDUM OPINION On the 3rd and 4th days of May, 1978, this Court heard additional evidence offered by Respondents in connection with Petitioner’s Application for Writ of Habeas Corpus. Respondents introduced the testimony of J. E. Hodges, Judge Sam Robertson, Donald I. Baker, and considerable documentary evidence including the transcript of the habeas corpus proceeding previousl...
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MEMORANDUM The instant cause is one in which Bobby Carl Inge, a Virginia prisoner presently on parole seeks a writ of habeas corpus. Jurisdiction of the Court is attained pursuant to 28 U.S.C. §§ 2254, 2241(a). By order of June 4, 1975, this Court found constitutional defects in the state Juvenile Court proceedings which preceded petitioner’s trials as an adult on criminal charges in the Corp...
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DECISION and ORDER This is an action for a writ of habeas corpus. On August 22, 1974, the petitioner was convicted in state court of first degree murder and attempted first degree murder in violation of the Wisconsin statutes. On appeal to the Wisconsin supreme court, the judgment of conviction was affirmed by an equally divided court. Brown v. State, 73 Wis.2d 351, 243 N.W.2d 519 (1976). The peti...
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MEMORANDUM OPINION This action was brought by eight women and one black male individually against The Pacific Telephone and Telegraph Company (“Pacific”). 1 All plaintiffs charge Pacific with violations of Title VII of the Civil Rights Act of 1964,42 U.S.C. § 2000e et seq. The female plaintiffs also charge Pacific with violation of the Equal Pay Act of 1963, 29 U.S.C...
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DECISION ON MOTIONS TO DISMISS INDICTMENT I. On May 5, 1975, Dionisia Ferrer arrived in Honolulu from Tahiti apparently with thirteen and one-half pounds of cocaine concealed in the false bottoms of her two suitcases. Airport customs officials seized the suitcases, touching off an investigation which three grand juries, two indictments, and eleven defendants later brings before me a m...
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OPINION AND ORDER Petitioner, Charles Edward Oliphant, Jr., has filed an application for a writ of habeas corpus pursuant to the provisions of 28 U.S.C. § 2241 et seq. He contends that prejudicial error was committed in the conduct of his state court trial. Respondent has moved for dismissal or, in the alternative, for summary judgment in accordance with Rules 12(b)(6) and 56(b) of the Federa...
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MEMORANDUM Plaintiffs filed suit seeking, inter alia, relocation expenses as provided for in the Uniform Relocation Assistance and Real Properties Act of 1970 (URA), 42 U.S.C. § 4601, et seq. Defendants filed their motion for summary judgment. Plaintiffs filed a memorandum in opposition stating that there are material facts in issue and that defendants are not entitled to summary judgment as a ma...
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MEMORANDUM This matter is before the Court on defendants’ Fed.R.Civ.P. 41(d) motion requesting the Court to order plaintiff to pay to defendants their costs incurred in a previously dismissed action filed by plaintiff and based on the same claim. Defendants also seek a stay of proceedings in the above-styled cause until said costs are paid. After consideration of the matter, it is the opinion of t...
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OPINION AND ORDER Defendant has moved to dismiss the complaint in this action alleging violations of section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated thereunder, as well as common law fraud and negligence, for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted, F.R.Civ.P. 12(b), or, alternatively,...
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MEMORANDUM This action was instituted under Title VII of the Civil Rights Act of 1964, the Fourteenth Amendment of the Federal Constitution and Title 42 U.S.C. § 1983 alleging failure to promote or consider plaintiff for promotion because of her sex. She seeks injunctive relief, attorneys’ fees, costs, back pay, reimbursement for lost pension benefits and all fringe benefits that she claims accrue...
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MEMORANDUM OPINION Factual Background On May 11, 1975, 30 to 40 persons who had been enjoying Surfside Beach were arrested and later confined in the Brazoria County jail. Six plaintiffs contend that they were arrested without probable cause and subjected to cruel and unusual punishment by the arresting officers. The essential controverted fact issues have been resolved ...
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MEMORANDUM Petitioner, Claude Z. Lamb, an inmate at the Virginia State Penitentiary, seeks a writ of habeas corpus. Petitioner challenges state convictions for first degree murder and robbery, alleging that his con*373fession, admitted into evidence at the trial of those charges, was obtained involuntarily and in violation of his right to counsel. Jurisdiction is alleged pursuant to 28 U.S.C. §§ 2...
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ORDER ON DEFENDANT’S MOTIONS FOR JUDGMENT N. O. V. AND NEW TRIAL I In this diversity action the plaintiff longshoreman, Winton Lemon, obtained a jury verdict in the amount of $200,000 against Bank Line Ltd., the owner of the S.S. “Hazelbank,” as a result of injuries received by him while performing longshoring work in the discharge of that vessel at Savannah on July 9, 1974. The...
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*996 OPINION AND ORDER Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, JOSEPH S. LORD, III, STANLEY A. WEIGEL, ANDREW A. CAFFREY, and ROY W. HARPER, Judges of the Panel. This litigation consists of two actions pending in different districts — one in the Eastern District of Oklahoma and one in the Western District of Oklahoma. The subject of thi...
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OPINION Plaintiff Securities and Exchange Commission (“SEC”) has commenced this action against defendants Wall Street Transcript Corporation (“WSTC”) and Richard A. Holman pursuant to § 209(e) of the Investment Advisers Act of 1940 (“Investment Advisers Act” or the “Act”), 15 U.S.C. § 80b-9(e). Jurisdiction lies under § 214 of the Act, 15 *561 U.S.C. § 80b-14. The SEC charges...
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ORDER DENYING REFERRAL TO THE FEDERAL ENERGY REGULATORY COMMISSION On March 15,1978, the court heard argument on defendant’s motion to refer certain issues to the Federal Energy Regulatory Commission (FERC), successor agency to the Federal Power Commission. This order is filed in accord with the oral ruling announced after the hearing. Defendant has made no serious contention that th...
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MEMORANDUM OPINION This matter is before the Court for a determination of the defendant’s motion for summary judgment. After a thorough consideration of the facts in this case, the briefs of counsel and their arguments to the Court, the Court concludes that the defendant’s motion for summary judgment should be allowed. On March 28, 1977, the plaintiff instituted this age discriminati...
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MEMORANDUM Plaintiff, Laura Davis, brought this action against W. Douglas Davis to recover allegedly overdue payments for the support of plaintiff and her children under a “Separation Agreement” signed by plaintiff and defendant. Since plaintiff is a citizen of Pennsylvania and defendant is a citizen of North Carolina, and the amount in controversy exceeds $10,000, this Court has diversit...
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MEMORANDUM AND ORDER Third-party defendants Christine Manfredi, Treasurer of the City of Warwick, and Richard Steiner, a Warwick police *390 officer, move to dismiss the action brought by third-party plaintiffs Carl D. Winquist, Lieutenant of the East Providence Police Department and other unnamed officers of that department. The issues briefed by the parties have only a supe...
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460 F.Supp. 762 (1978) PROVIDENCE JOURNAL CO., Plaintiff, v. FEDERAL BUREAU OF INVESTIGATION et al., Defendants, and Raymond L. S. Patriarca, Intervenor. Civ. A. No. 77-0526. United States District Court, D. Rhode Island. May 15, 1978. *763 *764 Matthew F. Medeiros, of Edwards & Angell, Providence, R. I., for plaintiff. Vincent M. Garvey, Civ. Div., U. S. Dept. of Justice, Washington, D. C., ...
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MEMORANDUM OPINION This case is before this Court after its removal from state court’ by the defendant on grounds of diversity. The plaintiff is a Texas partnership and the defendant is a Delaware corporation with its principal place of business in New Jersey. The defendant has alleged that this Court lacks subject matter jurisdiction over this controversy, and in-the alternative, that th...
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MEMORANDUM ORDER This is an action under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare, which denied plaintiff’s application for a period of disability insurance benefits under the provisions of the Social Security Act, as amended. This suit was instituted on October 10, 1975; it is currently pending befo...
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DECISION AND ORDER United States v. Perpetual Help’s Boys Home, et a/., C.A. No. 76-C — 193, is an action to foreclose federal tax liens and to collect unpaid federal taxes allegedly owing from the defendant Perpetual Help’s Boys Home, a/k/a Perpetual Help’s Society, Inc. (“Boys Home”), to the plaintiff United States. The other defendants, including Helen Grammer, are persons who have or may claim...
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OPINION Plaintiff and defendant are wife and husband respectively. They are both citizens of Panama and were married in Panama on June 20, 1953. After that they moved to Los Angeles, California. In 1965, they were divorced by a decree of the Panama courts. That divorce decree awarded plaintiff $206.00 per month in child support for the two children, Patsy and Isaac. Patsy is a United States citize...
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MEMORANDUM OPINION The Plaintiff brings this civil rights action under 42 U.S.C. §§ 1983 and 1985(2), (3), alleging jurisdiction under 28 U.S.C. § 1343 and 28 U.S.C. § 1331(a). The case is presently before the Court on the Defendants’ Motion to Dismiss. According to the Complaint, the Plaintiff was a policeman who had been employed by *202 the City of Live Oak since 1961...
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MEMORANDUM AND ORDER The complaint alleges that Joseph J. Fernandez drowned in the waters of Lake Michigan on or about July 29, 1976, after entering those waters from the Washington Park Beach in the City of Michigan City, Indiana. Defendants admit that the City of Michigan City is a municipal corporation existing under and by virtue of the laws of the State of Indiana. Defendants’ answer denie...
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MEMORANDUM This matter comes before the Court on the appeal of the Trustee of an order by the Bankruptcy Court denying his claim for turnover or damages for conversion of a trailer. For the following reasons the order of the Bankruptcy Court will be affirmed. *269The Bankruptcy Referee has filed his findings of fact, which are fully supported by the record. The Court is bound to accept his finding...
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OPINION This is an action brought by plaintiff Atlantic Overseas Corporation (“AOC”) on *349 behalf of the operators of the vessel the M/V DUMURRA to recover from defendants the sum of $65,520 paid to the Ivory Coast Customs Authorities (“Customs”) in settlement of a fine imposed upon the DUMURRA for underdeclaration of weight with respect to a cargo of used clothing. Named a...
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MEMORANDUM ORDER Plaintiff brought this action under Sections 205(g) and 1631(c)(3) of the Social Security Act as amended (hereafter “the Act”), 42 U.S.C. Sections 405(g) and 1383(c)(3) (1974), seeking review of a final determination of the Secretary of Health, Education and Welfare (“H.E.W.”). The Secretary predicated a termination of plaintiff’s Supplemental Security Income (“SSI”) benefits upon...
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Memorandum of Decision and Order The Creditors’ Committee (the “Committee”) of the Bohack Corporation (“Bohack”) and Joseph Binder, a former officer of Bohack, appeal from the orders of Bankruptcy Judge Albert Párente entered on February 3 and February 24, 1978. On July 30, 1974, Bohack filed a petition for an arrangement pursuant to Chapter XI of the Bankruptcy Act, 11 U.S.C. § 701 et seq. There...
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MEMORANDUM ORDER This matter is before the Court upon defendant’s motion for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure. The plaintiff, a black male, alleges that defendant discriminated against him because of his race by discharging him and by submitting poor references to other employers to which he had subsequently applied. *2 Plaintiff was...
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MEMORANDUM AND ORDER Plaintiff Thelma Smith (“Smith”) brought this action to recover unemployment compensation benefits under the Emergency Jobs and Unemployment Assistance Act of 1974, P.L. 93-567, Title II— Special Unemployment Assistance Program (“SUA”). Defendant Pennsylvania Unemployment Compensation Board of Review (“PUCB”) is a departmental administrative board of the Pennsylvania Departmen...
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MEMORANDUM AND ORDER Presently before the Court are the motions of all defendants to dismiss for lack of personal jurisdiction, improper venue, insufficiency of process, insufficiency of service of process and failure to state a claim upon which relief can be granted, pursuant to Fed.R.Civ.P. 12(b)(2), (3), (4), (5) and (6), respectively. The jurisdiction of this Court is based upon diver...
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MEMORANDUM Plaintiff, Edward E. Russell, as trustee in bankruptcy for Omega Auto Systems, Inc. (Omega), initiated this action to declare void as fraudulent pursuant to § 67d of the Bankruptcy Act, 11 U.S.C. § 107(d) a transfer of property by Omega to the defendants, Frederick C. Tecce and Frederick D. Tecce. A trial before the Court, sitting without a jury was held on April 14, 1978. The parties f...
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ORDER The plaintiffs bring this suit against the four defendants alleging violations of the Sherman Act, 15 U.S.C. §§ 1 and 2, and the Clayton Act, 15 U.S.C. § 15. The plaintiffs contend that the defendants conspired and otherwise acted in restraint of interstate trade and interstate commerce to, among other things, artificially establish prices for the rental and sales of their products and to e...
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ORDER This matter is before the court upon the parties’ motions for summary judgment and the State of Iowa’s motion to dismiss. All motions have been resisted. The issues presently before the court arise from a permissive counterclaim filed by Hurst Excavating, Inc. (Hurst) against the Chicago and North Western Transportation Company (Railroad) for negligent injury to Hurst’s propert...
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*413 FINDINGS OF FACT and CONCLUSIONS OF LAW Findings of Fact 1. (a) Jurisdiction in this action is based on diversity of citizenship. Plaintiff Selame Associates, Inc. (Selame) is a Massachusetts corporation. Defendant Holiday Inns, Inc. (Holiday Inns) is a Tennessee corporation. The amount in controversy exceeds $10,000.00. (b) The action arises out of the sinking...
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MEMORANDUM AND ORDER DENYING PETITION FOR WRIT Petitioner, presently serving a fourteen year sentence at the Missouri State Penitentiary, has filed a petition for writ of habeas corpus through his retained counsel. He challenges his 1972 conviction for second degree murder after a jury trial in the Circuit Court for the City of St. Louis. Petitioner’s appeal, see State v. Young, 510 S.W.2d 73...
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OPINION AND ORDER This litigation consists of two actions, one in the District of the District of Columbia and one in the Eastern District of Virginia. Both actions arise from the same general factual allegations. General Aircraft Corporation (GAC), the plaintiff in both actions, states that during a twenty year period from 1955 to 1975 it was the manufacturer of two short take off a...
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ORDER This is a civil rights action in which Plaintiffs seek damages and declaratory and injunctive relief for Defendant’s alleged refusal to rent Plaintiffs an apartment because of discrimination based on race. In their Complaint, Plaintiffs assert that the Court has jurisdiction of this action pursuant to the Thirteenth Amendment; 42 U.S.C. §§ 1981, 1982, and 1988; §§ 804, 810 *1...
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*623 SUR PLEADINGS AND PROOF ON MOTIONS FOR RECONSIDERATION On December 26, 1973, the Steamship William Larimer Mellon ran aground as it was proceeding up the Delaware River in a dense fog. On September 22, 1975, the owner and the time-charterer of the Mellon instituted this action, in which they contend that the grounding was caused by the negligent navigation of the Steamship O...
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MEMORANDUM OPINION AND ORDER This is an action under 42 U.S.C. § 1983 brought by Luria Brothers & Company, Inc. (“Luria”) against Thomas R. Allen, Jr. and Morton J. Greene trading as Economy Industrial Properties (“Economy”), a partnership, in which Luria claims that Economy *734 violated the Fourteenth Amendment of the Constitution of the United States by depriving Luria of ...
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ORDER ON PLAINTIFF’S MOTION FOR A REHEARING AND AN ORDER ON DEFENDANTS’ MOTION FOR A PROTECTIVE ORDER In these four actions, all entitled Miscellaneous, as there is no civil or criminal action pending except as hereinafter described, all recently commenced in this court, in the Spartanburg Division, on March 3, 1978, when the United States of *726America, pursuant to Sections 7402(b)1 and 7604 2 o...
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ORDER REMANDING CASE TO STATE COURT Margaret Thompson filed a petition for divorce from her husband, Paul, in state court for the 73rd Judicial District, Bexar County, Texas. Ms. Thompson joined Eastern Air Lines and the Prudential Life Insurance Company of America as third-party Defendants, alleging that both companies held community property in the form of pensions for Paul Thompson tha...
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MEMORANDUM OPINION The plaintiff brings this civil action under the second subsection of 42 U.S.C. § 1985, a part of the Ku Klux Klan Act of 1871, whose range has only been adumbrated by the few decisions seeking to construe it. The subsection reads in its entirety as follows: j)t ¡fc * * * * If two or more persons in any State or Territory conspire to deter, by force, intimidat...
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MEMORANDUM OF OPINION Plaintiffs filed this action in June of 1976 alleging, inter alia, that the City of San Jose and the County of Santa Clara, as well as certain city and county officials, had violated plaintiffs’ constitutional rights by taking their property without just compensation and otherwise denying them due process and equal protection of the law. Shortly after the complaint w...
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MEMORANDUM OPINION AND ORDER THIS MATTER is before the court on a motion to dismiss the amended complaint filed by defendant Mountain States Telephone and Telegraph Company on November 21, 1977. Defendant moves as follows: to dismiss all claims for non-willful violations of the Age Discrimination and Employment Act of 1967 because such claims were not filed within two years of their occur...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Findings of Fact L Nature of the Litigation and the Parties Thereto. 1. This is a declaratory judgment action under 28 U.S.C. § 2201 and § 2202 brought by plaintiff, Robintech, Inc. (hereinafter “Robintech”), against defendant, Chemidus Wavin, Ltd. (formerly known as Chemidus Plastics, Ltd., hereinafter “Chemidus”), alleging in...
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MEMORANDUM This matter is before the Court on an Amended Petition for a Writ of Habeas Corpus by an alien seaman facing imminent deportation to Taiwan, China. The petitioner filed his original application for a Writ of Habeas Corpus on March 22, 1978. On the next day, March 23, 1978, the Court filed a Memorandum and Order staying deportation of petitioner and directing respondent, the District Di...
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MEMORANDUM — ORDER This matter came before the Court on plaintiff’s motion to set a time and place for the depositions of Sheikh Kamal Ad-ham, Faisal Saud Al-Fulaij, Sheikh Sultan Bin Zaid Al-Nahyan, and Abdullah Darwaish, heretofore noticed on April 10th by plaintiff to be taken in the District of Columbia bn May 1st through May 4th, and on the defendants’ motion that these depositions not be tak...
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MEMORANDUM OPINION On April 15, 1978, the first of four “mini-conventions” scheduled by the Dade County Democratic Executive Committee was to take place. Among other things, the conventions, organized on a “grass roots” level were for the purpose of agreeing on endorsements of candidates for uncontested seats in the Legislature from the several districts. In what was described as considerable...
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*49ORDER This action arises from the merger of Cavalier Bag Company, Inc. (“Cavalier”), a corporation owned by plaintiffs and their parents, into a subsidiary of The Barwick Corporation (“Barwick”) on September 8, 1969. Pursuant to that merger, the plaintiffs exchanged their stock in Cavalier for Barwick stock. This exchange, according to the plaintiffs, was prompted by false and misleading state...
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MEMORANDUM OPINION Mrs. Lillie Duhon brought Action No. 76-1191 against Ford Motor Corporation (Ford) and Goodyear Tire & Rubber Company (Goodyear) for the wrongful death of her son, Shelby Leleux, who was killed when his car left the roadway and struck a culvert. This action was consolidated with Civil Action No. 76-1323 brought against the same defendants by Floyd Dugas, a passenger in ...
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By an information filed on January 31, 1978 by the United States Attorney for the District of Maryland, defendant Ben Berkley Woods was charged with operating a motor vehicle while under the influence of intoxicating liquor [hereafter driving while intoxicated] on national park land within the special territorial jurisdiction of the United States, as defined in 18 U.S.C. § 7, and in contraventi...
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MEMORANDUM This matter is before the Court on the motions of defendants, Judge Charles Kitchin, George Solomon, and Joseph Roddy to dismiss the complaint of plaintiffs McKinley Robinson and Dorian Whitlock. For the reasons stated below, the motions to dismiss will be granted. Plaintiffs are inmates of the Missouri correctional system. They have filed this complaint pro se, in forma pauperis, alleg...
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MEMORANDUM AND ORDER A grand jury sitting in this district served a subpoena on April 11, 1978 upon a representative of the Rabbinical Seminary Netzach Israel Ramailis (“the Seminary”). The subpoena demanded the production of a variety of documents and financial records. An “Advice of Rights” form annexed to the subpoena informed the Seminary that the grand jury is investigating possible ...
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OPINION After a bench trial, advanced and consolidated with plaintiffs application for a preliminary injunction, defendants are directed to afford plaintiff a hearing on their finding that plaintiff was unfit to teach by reason of mental illness. This action is stayed pending the outcome of the hearing. FACTS In September of 1971, plaintiff was licensed and appointed in a New Yo...
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This is a motion by defendant pursuant to Fed.R.Civ.P. 56 for an order granting it summary judgment and dismissing the amended complaint on the ground that this action is barred by the principles of res judicata and collateral estoppel. Plaintiff alleges in his amended class action complaint that due to certain actions of defendant he failed to receive the true and full value of his shares...
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ADJUDICATION Alleging that a proposed merger of two frozen dessert pie producers will substantially lessen competition, the Anti-Trust Division of the Department of Justice has petitioned this court for a preliminary and permanent injunction. Jurisdiction is founded upon 15 U.S.C. § 25. The Government contends that the proposed acquisition of Chef Pierre, Inc. by Consolidated Foods C...
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MEMORANDUM 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 January 18, 1977 became the final decision of the Secretary in this case when affirmed by the Appeals Council on April...
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MEMORANDUM OF DECISION This matter is before the Court on cross-motions for summary judgment. For the reasons hereinafter stated the plaintiffs’ motion will be denied and the defendants’ motion will be granted. The basic facts are undisputed and are as follows: Naomi Ruffin and Doris Bellamy are residents of Philadelphia County of the Commonwealth of Pennsylvania. Both are eligible for and receiv...
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OPINION AND ORDER The petitioner, Jasper Land Holland, an inmate at the Bland Correctional Center (“Bland”) brings this action pursuant to 42 U.S.C. § 1983. Holland alleges: (1) that respondents have violated his First Amendment right to associate with persons of his own choosing; (2) that the refusal of petitioner’s request to remarry violated his Fifth Amendment rights as it was arbitrary...
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MEMORANDUM OPINION This class action 1 brought pursuant to 42 U.S.C. § Í983 by named plaintiffs Richard G. Gaioni, Michal Norton and Jerry Schiver challenges the constitutionality of random, warrantless searches of persons attending the Charlie Daniels’ concert at the Montgomery Civic Center on December 29, 1977. Defendants are Emory Folmar, mayor of the City of Montgomery; Alv...
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MEMORANDUM AND ORDER Plaintiff and his class seek from this court an injunction and declaratory relief against the District of Columbia Police Department and Police Chief to prohibit them from detaining persons they arrest without presenting them promptly to a judicial officer. Plaintiff in his present motion for partial summary judgment has submitted data, in the form of stipulations, affidavi...
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MEMORANDUM AND ORDER Plaintiff, Constance Minor, brings this suit pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., as amended by the Equal Employment Opportunity Act of 1972, alleging employ *37 ment discrimination 1 and reprisal 2 by officials at the Health Services and Mental Health Administration (HSMHA), an agency within the Department of Health, Ed...
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ORDER Petitioner is an inmate at Georgia State Prison in Reidsville. He filed a petition in this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on December 20, 1976. Mr. Mendenhall entered a guilty plea on April 24, 1973, in the Superior Court of DeKalb County to two counts of murder in the first degree and one count of aggravated assault. He was sentenced by Judge Clyde Henley ...
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ORDER This matter is before the court on the report and recommendation of the magistrate and objections thereto. Plaintiff here was the defendant in a suit filed August 12, 1977, in DeKalb State Court to foreclose on a Cadillac automobile secured by an installment sales contract. Plaintiff here, defendant in the state suit, answered August 23, 1977, raising no counterclaim but purporting ...
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MEMORANDUM OPINION AND ORDER This action is brought pursuant to 42 U.S.C. §§ 1981, 1982, 1983, 1985(3), 2000d and 3601 et seq. Defendants have moved to dismiss the complaint challenging the legal sufficiency of plaintiffs’ allegations to state a claim for relief and plaintiffs’ standing to assert any validly alleged cause of action. For the reasons stated below, defendants’ motion to dismiss ...
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MEMORANDUM AND ORDER This case presents a complex question mentioned but not answered by the Supreme Court in Aldinger v. Howard, 427 U.S. 1, 18, 96 S.Ct. 2413, 49 L.Ed.2d 276 (1976): in an action properly filed in federal court under the Federal Tort Claims Act, does the doctrine of pendent jurisdiction give the court power to hear plaintiff’s claim against an additional, priv...
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This cause came on for hearing on a previous day on the (1) motion of defendants M/V Big Sam and Zito Towing, Inc., to enjoin seizure of vessel or in the alternative to set bond; (2) motion of defendants M/V Big Sam and Zito Towing, Inc., to dismiss causes of action one and two against the M/V Big Sam; (3) motion by defendant Zito Towing, Inc., to dismiss causes of action one, two and three aga...
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MEMORANDUM The plaintiffs in these two cases have sued the United States (USA) under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq.; 28 U.S.C. § 1346(b), and have joined as defendants four doctors as to whom, and a drug company as to which, there is no independent federal jurisdiction. In both cases the four doctors have filed cross-claims against the USA. I ...
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MEMORANDUM This is an action against the United States brought under the provisions of the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b). The plaintiff alleges that he sustained serious personal injuries as a result of a fall which occurred in the parking lot adjacent to the Noncommissioned Officers (NCO) Club at the L. G. Hanscom Air Force Base in Bedford, Massachusetts. He alleges that...
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MEMORANDUM Defendant Michael Londe is charged in a two-count indictment with failing to file an income tax return during the calendar year 1970, and with filing a perjurious tax return during 1971. 26 U.S.C. §§ 7203, 7206(1). Having waived a jury, the parties tried this cause to the Court. Although no request was made pursuant to Rule 23, Federal Rules of Criminal Procedure, the Court hereby make...
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OPINION In each of these two cases, the same group of plaintiffs sue a defendant who was a consignee of goods shipped in ocean transport. The plaintiffs have moved for summary judgment in each case. Each defendant moves for dismissal. The underlying facts and the legal issues raised are exactly the same in both cases, thus making it possible to dispose of all four pending motions in this ruling...
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*1070 OPINION Plaintiff brings this suit pursuant to Title VII of the Civil Rights Act of 1964 1 (“Title VII”) charging discrimination by defendants on the basis of sex in the change of various seniority practices affecting the plaintiff. Plaintiff, who is male, was hired by defendant Trans World Airlines, Inc. (“TWA”) as a Flight Purser for its International Operations on March 16, 1970....
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On April 18, 1959, Henry Duscher, owner of a delicatessen which was located at the corner of Delaware Avenue and Sanders Road in Buffalo, New York, was shot and killed in the course of a robbery at his store. Petitioner Willie James Robinson and codefendants Alphonso Williams and Ernest Jackson were tried for this crime and were convicted on October 23, 1959 in Erie County Court following a jur...
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MEMORANDUM and ORDER The above named defendant having been indicted September 28, 1977 for having “corruptly” endeavored to influence a judge of this court and to influence, obstruct and impede the due administration of justice in *587 this court and I having by an Order filed January 31, 1978 denied said defendant’s motions for a pre-trial suppression of another’s statement and for a dismiss...
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Memorandum of Decision and Order The court conducted a trial on the issues reserved in its memorandum of decision rendered in response to the parties’ cross, motions for summary judgment (D.C., 438 F.Supp. 413). The court finds as follows: Mosley’s Work Record As A Seaman Mosley was a member of the National Maritime Union (N.M.U.) from May, 1937 *228until February, 1943,1 when he left the Merchan...
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OPINION This is an action by the executor of the estate of Ethel S. Brice to recover federal estate taxes. Jurisdiction is based on 28 U.S.C. § 1346(a)(1). The executor, Pennsylvania Bank and Trust Company, has moved for summary judgment. The defendant, the United States, has moved for entry of judgment on the pleadings, or, alternatively, for summary judgment. Both sides have agreed...
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*235 MEMORANDUM In an opinion filed on December 23, 1977, 446 F.Supp. 1295, this Court held that the constitutional and statutory rights of the retarded at Pennhurst State School and Hospital (“Pennhurst”) had been and are being violated. As set forth in our memorandum of March 17, 1978, which accompanied the Court’s Order in this case, some of the determinations made by the Cour...
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MEMORANDUM Defendants in this civil rights action are identified in the complaint as the City of York, York’s Chief Housing Inspector, and a York police officer. Defendants have moved to dismiss this action for failure to state a claim on the grounds (1) that the complaint lacks sufficient factual specificity; (2) that the injuries alleged are not cognizable in a civil rights action; (3) that the...
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MEMORANDUM OPINION AND ORDER This is an action for, inter alia, injunctive relief, to restrain the defendant Mr. Gerald Irwin Williams from breaching a contract with a predecessor of the plaintiff The Carborundum Company (Carborundum), proscribing Mr. Williams’ divulgence of Carborundum’s trade secrets or other confidential information. Carborundum is a Delaware corporation, not incorporated ...
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OPINION Plaintiff has moved for the certification of a class,1 apparently in response to a motion by defendant that such a class may not be maintained. The Court has concluded that plaintiff’s motion should be denied and defendant’s granted. On the 24th or 25th day of March, 1976, plaintiff bought 25 shares of the common stock of defendant. On the 25th day of March, 1976, plaintiff had a conversa...
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by designation. *1061 FINDINGS OF FACT 1. The plaintiff Nathaniel Hoard is black. He was employed by the defendant Teletype Corporation from November 8, 1965 until his discharge on October 16,1972. He is an appropriate class representative for a Rule 23(b)(2) class consisting of all black employees who allege that they were discharged on account of race by Teletype from Decem...
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MEMORANDUM OPINION I. INTRODUCTION Plaintiffs are the Natural Resources Defense Council, Inc. (NRDC), Oregon Environmental Council, Friends of the Earth, and Environmentalists, Inc., as well as one individual. They bring this suit to challenge the Energy Research and Development Administration’s (ERDA) failure to apply for and obtain licenses under section 202(4) of the Energy Reorga...
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RULING ON PENDING MOTIONS This action is brought under 28 U.S.C. §§ 1343 and 2201, and 42 U.S.C. §§ 1983 and 1985, to prevent enforcement of regulations governing massagists and massage establishments adopted by the Public Health Council of the City of Hartford, Connecticut, pursuant to an ordinance enacted by the city’s Court of Common Council. The plaintiffs are three individuals and th...
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ORDER By order of March 3, 1978, the court directed that plaintiff address himself to the question of whether this age discrimination action should be dismissed as time-barred. The case is now before the court pursuant to that order and on plaintiff’s motion to reconsider and to vacate. Plaintiff last worked for defendants in May of 1974, but remained on the payroll until July 15, 1974. He failed ...
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MEMORANDUM RULING The United States began this action to condemn a tract of land located in Concordia Parish, Louisiana, on May 10,1977. The land was condemned on May 12. The action has progressed and now is ready for trial. Prior to trial, the court must rule on two pretrial motions in order to limit the issues for trial. In its original answer to the action, defendant Angelina Plan...
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MOTION TO COMPEL PAYMENT OF MAINTENANCE Proceeding by motion for partial summary judgment, the plaintiff Theodore Yarady seeks resumption of payment of maintenance by his employer D & D Catering Service, Inc., damages and attorney’s fees as penalties for discontinuance of maintenance payments. A hearing was held during which evidence was adduced as to the present condition of the plaintif...
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MEMORANDUM AND ORDER This is a diversity action for libel in which plaintiffs, David H. Hillman and Melvin Lenkin, on behalf of Kent B Partnership trading as Kent Village Apartments, seek to recover damages from defendant Metromedia, Inc. Their claim is based on alleged statements made by a news commentator during defendant’s television broadcast of its ten o’clock news program on April 19, 1976. ...
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MEMORANDUM Plaintiff United National Industries, Inc. brought this suit pursuant to 28 U.S.C. § 1332 seeking to recover monies allegedly due for goods, wares and merchandise sold and delivered to defendant. *584This 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, a...
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MEMORANDUM This matter is before the Court upon the petition of Joseph H. Solien, Regional Director of Region 14 of the National Labor Relations Board for injunctive relief pursuant to 29 U.S.C. § 160(1) pending final disposition of a charge pending before the National Labor Relations Board. The matter was submitted to the Court upon stipulations of the parties, oral arguments and briefs. Based t...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter was tried to the Court and the Court makes the following findings of fact and conclusions of law. Findings of Fact 1. Merrill Lynch, Pierce, Fenner & Smith, Inc., (Merrill Lynch) is a Delaware corporation, with its principal place of business in New York City, and licensed to do business in the State of Missouri. It is engaged in the business ...
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MEMORANDUM AND ORDER Plaintiff, a former inmate of the Jackson County Jail now confined at the Missouri State Penitentiary, Jefferson City, has filed a pro se civil rights complaint under 42 U.S.C. § 1983 challenging various conditions and occurrences in the Jail. In a previous order, the Court dismissed plaintiff’s claims for equitable and declaratory relief as moot, granted provisional leav...
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ORDER Plaintiff Amoco Oil Company brings this action seeking declaratory judgment and injunctive relief enjoining the defendants from attempting to collect a civil penalty assessed by the defendants against the plaintiff in an administrative agency proceeding for alleged violations of the Clean Air Act, 42 U.S.C. § 7401 et seq., formerly 42 U.S.C. § 1857 et seq. Defendant United States has counte...
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DECISION AND ORDER Plaintiff has brought this action against the United States of America and the Veterans Administration, alleging that his physical condition has deteriorated as a result of a negligent omission by a physician at the Veterans Administration Hospital. Jurisdiction is invoked pursuant to the provisions of the Federal Tort Claims Act. 28 U.S.C. 1346(b) and 28 U.S.C. 2671, et seq....
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MEMORANDUM OPINION AND ORDER This is a pro se action by the plaintiff Mr. Edward H. Taylor, an inmate of a Tennessee penitentiary, for monetary damages upon his claim that the defendants Mr. Robert Grindstaff, the circuit court clerk of Johnson County, Tennessee, and Ms. Barbara Tester, his deputy, deprived the plaintiff, a citizen of the United States, under color of Tennessee law, directly and c...
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MEMORANDUM This is an action by eleven present and former civilian employees of the United States Army Quartermaster Center and Fort Lee, located near Petersburg, Virginia, alleging that they, and others similarly situated are and have been the victims of race discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. This ...
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ORDER DISMISSING STATE BAR OF CALIFORNIA The motion of defendant The State Bar of California to dismiss the above entitled action upon the grounds that the Court lacks jurisdiction over the subject matter and that the First Amended Complaint fails to state a claim upon which relief can be granted came on regularly for hearing on Monday, April 17, 1978, before the Honorable A. Andrew Hauk, United S...
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OPINION The latest development in this actively litigated school desegregation case 1 is the State Board’s 2 motion for a permanent injunction seeking to enjoin the NCCPBE 3 from “fixing, levying or collecting a local tax for current operating expense in excess of the limit established by applicable State law.” 4 By applicable State law, the Sta...
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MEMORANDUM OF DECISION AND ORDER This cause came on for hearing on plaintiffs’ claim for preliminary injunction on May 4 and 5, 1978. The proceedings were reported and a transcript is available if required. The thirty-five plaintiffs are migrant laborers who were employed in agricultural operations at Fulwood Farms, in the vicinity of Sun City, Florida. At the time of the incidents complained...
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MEMORANDUM OPINION This cause is before the court on petitioner’s motion for reconsideration of the *695court’s denial of its motion for a preliminary injunction. Petitioner brings the instant compliant to restrain an alleged unlawful secondary boycott pursuant to section 10(7) of the Labor Management Relations Act, 29 U.S.C. § 160(7). The complaint charges that the respondent union attempted to ...
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DECISION Defendants have filed a motion to dismiss the complaint filed by two of the plaintiffs in this case, D. F. Knox & Associates, Inc., a realtor which had a contract for the sale of the defendants’ house, and Gwen Goodwin, the realtor’s agent. The other plaintiffs are a black couple who attempted to purchase the house, and all four plaintiffs have sued under the Fair Housing Act of ...
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MEMORANDUM OF DECISION AND JUDGMENT ORDER This action is before the court on the parties’ second cross-motions for summary judgment, filed pursuant to Rule 56, Federal Rules of Civil Procedure. For the reasons set forth below, defendants’ motion for summary judgment will be granted, and judgment will be entered accordingly. This action, as many of its genre, has experienced a long line of lit...
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OPINION The complaint in this case was filed on April 7, 1978. The plaintiff’s application for a Temporary Restraining Order was heard on the same day and denied. On May 3, 1978 the matter came forward for hearing on plaintiff’s motion for preliminary injunction. The Court ordered the trial of the action on the merits to be advanced and consolidated with the hearing of the motion pursuant...
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MEMORANDUM OPINION This matter. is before the Court on a motion for summary judgment filed by defendants Hawthorn Books and Bob Artis. The basis of the motion is that the plaintiff is attempting to collect for a libel for which the last possible date of publication is June 26, 1975. The statute of limitations in an action charging libel is one year, as provided in M.S.A. § 27A.5805 [M.C.L...
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This case involves a controversy within the Equal Employment Opportunity provisions of the Civil Rights Act. The charging party is Dr. Patricia A. Sumners who contends that she was not employed in the Psychology Department of the college because she is a female. There is nothing before the Court in anywise involving any race question. The charging party and her husband have been employed as profe...
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MEMORANDUM This two-year old litigation concerning discrimination in housing in the Brooklyn community of Williamsburg now stands at a critical juncture. The conciliation and negotiation efforts of the parties, particularly the community groups, have resulted in the production of a decree consented in by all but one of the groups of parties in this action. This decree resolves virtually all iss...
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OPINION Plaintiff MDC Leasing Corporation has brought this action against New York Property Insurance Company seeking to recover out of the proceeds of certain insurance policies the amount of $37,873.38 representing moneys allegedly assigned to plaintiff on September 23,1976 by Derrico Company, Inc., the insured, together with interest from August 1, 1976. Plaintiff now moves for summary...
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OPINION Plaintiff (“Employer”) commenced this action against the defendant (“Union”) to recover damages for breach of a “no-strike” provision contained in their collective bargaining agreement.1 The Union moves2 to stay this action and for a direction that the parties proceed to arbitration upon the ground that the issue presented under plaintiff’s complaint in this action is referable to arbitra...
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This is an action for wrongful death and for personal injuries sustained when the roof of the main terminal at Mehrabad International Airport, Teheran, Iran, collapsed on December 5, 1974. Defendant moves pursuant to Fed.R. Civ.P. 12(b)(6) and 56 for partial summary judgment on the issue of liability on plaintiffs’ Second and Sixth Claims. Plaintiffs Upton and Caswell cross-move for partial sum...
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ORDER This is a pro se action brought by the Plaintiff under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, wherein Plaintiff seeks to compel Defendant to produce “the results of an investigation by the Internal Revenue Service into an alleged vio *461 lation of 501(c)(3) Title 26 U.S.Code, by the American Institute of Discussion, a tax exempt organization under the a...
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MEMORANDUM OPINION Plaintiff brings this action pursuant to 18 U.S.C. § 923(f)(3) for judicial review of the denial of its application for renewal of its federal firearms license. Plaintiff’s application was denied under 18 U.S.C. § 923(d)(1)(C) by the Defendant Bureau of Alcohol, Tobacco and Firearms (ATF) because Plaintiff was found to have “willfully violated” certain provisions of the...
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MEMORANDUM OPINION This suit under the Federal Tort Claims Act is brought to recover for the wrongful death, of Robert Williams. Mr. Williams was shot and killed by Alonzo Bush on May 3, 1975, the day following Bush’s release from the Fort Meade, South Dakota Veterans Administration Hospital. Under all of the circumstances, examined in detail be *1041 low, we find that failur...
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MEMORANDUM OPINION AND ORDER This is a suit by the United States seeking to enjoin the alleged violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, by Defendant. Both parties have moved for summary judgment after filing voluminous affidavits and stipulations. The Defendant, the Texas State Board of Public Accountancy (hereinafter referred to as “the Board”), is organized and exi...
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MEMORANDUM OPINION On October 17,1977, this court denied the International Society for Krishna Consciousness (ISKCON)’s application for temporary injunction. The City of Dallas (City) by enforcement of an ordinance sought to bar ISKCON from entering the environs of its Convention Center to solicit funds and proselytize surgeons attending a medical meeting. The doctors had leased the convention au...
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*711 MEMORANDUM OPINION AND ORDER Plaintiff instituted this action against defendants under the provisions of 42 U.S.C. § 1983, the Fourteenth Amendment to the United States Constitution, and 15 U.S.C. § 1 et seq. The complaint alleges that defendants violated plaintiff’s rights secured thereunder and prays for injunctive relief and monetary damages. By former order of this court, the com...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Pursuant to Local Rule 3(g) and Rules 52 and 56 of the Federal Rules of Civil Procedure, the Court hereby finds the following facts and makes, the following conclusions of law: A. FINDINGS OF FACT: 1. Plaintiffs are 84 members of International Longshoremen’s and Warehouse-men’s Union, Local 13. 2. The plaintiffs in this action are the same individ...
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*1032 MEMORANDUM OF OPINION The issue in this case is whether the 1969 temporary amendment to § 5219 of the Revised Statutes of the United States, 12 U.S.C. § 548, permitted California to impose its state and local sales taxes on sales of tangible personal property to national banks between December 24, 1969, and December 31, 1972. 1 Plaintiffs seek a declaration that ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Findings of Fact 1. Plaintiff Horry County is a political subdivision of the State of South Carolina, chartered by the State pursuant to Article VIII, Section 1, of the South Carolina Constitution to exercise the power and authority vested in political subdivisions by Section 4-1-10 of the Code of Laws of South Carolina, 1976, which include the power ...
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OPINION Plaintiff Gary Silow brought this negligence action against defendant Truxmore Industries, Inc. (“Truxmore”) and defendant Louis Willig (“Willig”). Presently before the Court is Truxmore’s motion for summary judgment “on the grounds that reasonable men cannot differ and it is entitled to judgment as a matter of law.” 1 The standard for granting summary judgment is clear. It should b...
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This case is before us again on remand from the Supreme Court of the United States. Mandel v. Bradley, 432 U.S. 173, 97 S.Ct. 2238, 53 L.Ed.2d 199 (1977). The Supreme Court construed our previous unreported opinion as placing excessive reliance on the summary affirmance in Tucker v. Salera, 424 U.S. 959, 96 S.Ct. 1451, 47 L.Ed.2d 727 (1976), affirming, 399 F.Supp. 1258 (E.D.Pa.1975), ruling...
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OPINION A declaratory judgment is sought by the Insurance Company of North America (INA) against its former insured, Forty-Eight Insulations, Inc. (Forty-Eight), and four (4) other insurance carriers who at some time insured Forty-Eight. These four companies are Affiliated FM Insurance Company (Affiliated FM), Illinois National Insurance Company (Illinois National), The Travelers Indemnit...
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OPINION AND ORDER Plaintiffs are New York residents who commenced this diversity action to recover damages for medical malpractice and loss of services arising out of plaintiff Joan Hutton’s care and treatment by defendants Doctors Piepgras and Siekert while plaintiff was a patient at Mayo Clinic and St. Mary’s Hospital, non-profit Minnesota corporations and also defendants herein, in Roc...
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MEMORANDUM and ORDER This suit was instituted pursuant to 42 U.S.C. § 1983 by plaintiff who claims that defendant Smith violated his Eighth Amendment rights. 1 Defendant, the Superintendent at the Attica Correctional Facility (“Attica”), moves for summary judgment. Both parties have submitted affidavits and defendant has submitted copies of reports and letters he feels are pert...
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SUPPLEMENTAL OPINION The third-party defendant, United States of America, has moved for “reconsideration” of this Court’s opinion dated January 17, 1978, on the ground that this Court misapplied the law to the facts of this ease (i) in denying the Government’s motion to dismiss the third-party complaints of the insurance companies for failure to comply with the statute of limitations contained in ...
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MEMORANDUM ■ The question before the Court is whether Yarosh, Veltri, Zawacki, Mazur, Luchetti, McGowan, Wilding and Halloran can be required to testify before a grand jury after they had all been duly granted immunity. These men had been members of the School Board of the Mid Valley School District in Lackawanna County in this judicial district and all pled guilty to one count of conspiracy to ex...
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MEMORANDUM AND ORDER Defendant has filed a motion seeking compulsory joinder of partially subrogated insurance companies under Rule 17 of the Federal Rules of Civil Procedure.1 The motion became ripe on April 24, 1978, when defendant filed a reply brief. In opposing the motion seeking compulsory joinder of the partially subrogated insurers, plaintiffs cite a recent case in which very similar issu...
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MEMORANDUM The six plaintiff railroad companies each filed separate suits in this court against the Public Service Commission of Tennessee (“Commission”) and the individual members thereof and against the State Board of Equalization of Tennessee (“State Board”) and its individual members, seeking to enjoin the State Board from certifying to the Commission the valuation fixed by it upon the plaint...
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MEMORANDUM OPINION AND ORDER This is a civil action to recover damages for personal injuries arising from a motor vehicular accident. The plaintiffs apparently attempted to invoke this Court’s jurisdiction on the basis of the diverse citizenship of the parties and the requisite amount in controversy, see 28 U.S.C. §§ 1332(a)(1), (c). Pretermitting all other matters herein is the necessity of a det...
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DECISION and ORDER The plaintiffs have filed a motion for a preliminary injunction. The defendants have filed motions to dismiss for failure to state a claim upon which relief can be granted and, as to the defendants city of Milwaukee and board of zoning appeals, to dismiss for lack of subject matter jurisdiction. In addition, the defendant Donald O’Connell has filed a motion to dismiss to which t...
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MEMORANDUM OF DECISION This class action, which raises constitutional challenges of practices and conditions of confinement of prisoners at the Orange County Central Jail in Santa Ana, California, has been tried, argued, briefed and submitted to this court for decision. In my Memorandum to Counsel of January 26, 1978, I disposed of some of the issues of fact listed in the pretrial order, begi...
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MEMORANDUM OPINION In this proceeding the Court is called upon to determine whether the Federal Aviation Administration (FAA), an arm of the Department of Transportation, has a right superior to that of the Washington Metropolitan Area Transit Commission (WMATC or Commission) in exercising control over certain activities at Dulles International Airport (Dulles). The specific issue raised is wheth...
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MEMORANDUM AND ORDER Relying in part on Title VIII of the Civil Rights Act of 1968, 42 U.S.C. §§ 3601-19 (1970 & Supp. V 1975), plaintiff National Urban League seeks aid of this Court to require the Federal Reserve Board adequately to enforce its alleged responsibility to prevent race and sex discrimination in home mortgage lending. Following extended pretrial discovery, plaintiff seeks partial s...
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MEMORANDUM OPINION AND ORDER I. Introduction This matter comes before the court on plaintiffs’ motions for summary judgment and for a preliminary injunction. This action involves twenty-two consolidated cases attacking regulations promulgated by the Secretary of Interior pursuant to the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. § 1201 et seq., w...
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ORDER This is a proceeding on a state prisoner’s petition for a writ of habeas corpus. 28 U.S.C. § 2254. Before the court is respondent’s motion to dismiss for failure to state a claim. Rule 12(b)(6), Fed.Rules Civ.Pro. The court finds that the respondent’s motion should be denied and concurrently that justice requires that the petitioner’s writ be granted pursuant to Rule 8(a), Habeas Corpus Rule...
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MEMORANDUM OPINION AND ORDER This case arose out of a struggle for control of the management of Calumet Industries, Inc. (“Calumet”), a Delaware corporation operating principally in Chicago in the business of oil refining and lubricant manufacturing. The case is now before the court on the plaintiff’s motion for a preliminary injunction. This memorandum opinion and order will constitute t...
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The plaintiffs are Indians purporting to represent various subclasses of Indians employed within the confines of Indian reservations in Montana. They brought this class action seeking a declaration that the State of Montana may not constitutionally impose its income tax on income earned by Indians on a federally recognized reservation. The complaint also seeks an injunction against collection o...
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OPINION Defendant United States Trotting Association (“USTA”) moves to dismiss for lack of venue. F.R.Civ.P. 12(b)(3). 1 The basis for the motion is that plaintiffs are members of the USTA, and Article I, § 7 of the USTA’s By-Laws provides, in its entirety: “Every applicant for membership and every member shall be confined in any action at law or in equity against this Ass...
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MEMORANDUM AND ORDER Defendant, charged with possession, with intent to distribute, of heroin hydrochloride in violation of 21 U.S.C. § 841(a)(1), moves to suppress evidence seized from and statements made by him on January 6, 1978. At the hearing the sole witness was Gerard Whitmore, a special agent of the Drug Enforcement Administration (“DEA”). This testimony, which the court finds thoroug...
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Petitioner David Lawrence has applied to this court for a writ of habeas corpus, claiming that he is entitled to be released from the custody of the New York State Board of Parole because he was not accorded the due process protections of Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972) at his final parole revocation hearing that was held on November 6, 1974. ...
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ORDER The above captioned matter is before the Court upon defendant’s Motion to Dismiss Class Action Allegations from the Complaint. Upon consideration and for the reasons stated below, said motion shall be denied. The Equal Employment Opportunity Commission (EEOC) instituted the present action with the filing of a complaint on January 5, 1977. Said complaint recites that the present action is “a...
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MEMORANDUM AND ORDER This is a petition under 28 U.S.C. § 2255 which depends for its success upon retrospective application of United States v. Chadwick, 433 U.S. 1, 97 S.Ct. 2476, 54 L.Ed.2d 538 (1977). Because we hold that Chadwick may not be retroactively applied, we deny relief. Petitioner, Robert J. Powell, has moved to vacate his sentence on the ground that his conviction was obtain...
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OPINION Defendant, Edward G. Venable, was convicted by a jury of two counts of making false statements to a grand jury and acquitted on three counts of extortion. However, I granted defendant’s motion for a new trial because the prosecutor had improperly commented upon Venable’s failure to testify, thus violating his Fifth Amendment privilege against self-incrimination.1 Defendant then moved to ba...
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MEMORANDUM AND ORDER On April 5, 1978, this Court held a hearing in this remanded cause for the purpose of determining the disposition of the cash bail deposited into the registry of this Court by Clinton Manges along with execution by George B. Parr of the appearance bonds in this case. In order to deal with this general problem, we will start with the undisputed fact that George B. Parr killed ...
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MEMORANDUM OPINION AND ORDER Plaintiff, a citizen of the Republic of Egypt, brought this action for breach of contract against the County of Tazewell, Virginia. Jurisdiction is predicated upon diversity of citizenship and $10,000.00 in controversy. Title 28 U.S.C. § 1332. Plaintiff maintains that on or about December 13,1974, the defendant agreed in writing to employ him to perform engineering ...
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ORDER Before the court is defendant’s motion to dismiss. Plaintiff brought suit in the Circuit Court of Cook County for personal injuries and property damage arising from an automobile accident, not realizing that the individual defendant driver was at the time of the incident acting within the scope of his duties as a federal postal employee. Apparently, the defendant was driving his own car with...
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450 F.Supp. 997 (1978) William BAIRD, Mary Moe, Parents Aid Society, Inc., Gerald Zupnick, M. D. and all others similarly situated, Plaintiffs, v. Francis X. BELLOTTI, Attorney General of the Commonwealth of Massachusetts, Garrett Byrne, District Attorney of the County of Suffolk, the District Attorneys for all other Counties, their agents, successors, those acting in concert with them, and all o...
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MEMORANDUM This matter is before the Court upon defendants’ motion to dismiss plaintiff’s complaint for lack of jurisdiction. Plaintiff filed this suit alleging discrimination on account of sex. In support of the jurisdiction of this Court, plaintiff alleges that jurisdiction exists pursuant to 28 U.S.C. § 1331, and further alleges That the Fifth Amendment and Fourteenth Amendment to the Constitut...
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OPINION AND ORDER This litigation consists of three actions, each of which is pending in a different district: the District of Delaware, the Eastern District of Virginia and the District of the District of Columbia. Beecham Group Limited (Beecham Group) filed the complaints in the Delaware and Virginia actions against, respectively, Bristol-Myers Company (Bristol) and A. H. Robins Company (Robins)...
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MEMORANDUM This matter is before the Court upon the petitioner’s application for a writ of habeas corpus. Specifically, West alleges that a state district court’s denial of bond pending appeal in an extradition case violated his rights under the Eighth and Fourteenth Amendments to the United States Constitution. This Court granted the writ and directed the state district court to hold a b...
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OPINION Plaintiff Vision Engineering Ltd. (“VEL”) and defendant Kulicke and Sofia Industries, Inc. (“K & S”), in 1973 formed a corporation, defendant Vision Systems, Inc. (“Vsi”), for the purpose of manufacturing microscopes. VSI entered into voluntary bankruptcy in June 1975, and six months later plaintiffs Freeman, the principal shareholder and chief executive officer of VEL and VEL fil...
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OPINION AND ORDER I. Preliminary Statement This is an appeal from a final decision of the Secretary of Health, Education, and Welfare denying black lung benefits in which the principal issue is whether the plaintiff’s evidence qualified to invoke the rebuttable presumption of pneumoconiosis found in 30 U.S.C. § 921(c)(4), 20 C.F.R. § 410.414(b). Plaintiff Charles Hoffman init...
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OPINION The matter here before me is on a motion of the defendant, Allegheny Ludlum Steel Corporation, Division of Allegheny Ludlum Industries, Inc., to dismiss the complaint filed by a former employee, Daniel O. Alston. The complaint was filed on January 30, 1978, and avers that the plaintiff is a black man; that he entered the employment of the defendant on December 28, 1928; that ...
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OPINION In this action, the plaintiffs, Albert E. Detillo and Elizabeth R. Detillo, filed under Federal Rule of Civil Procedure 56 for summary judgment on the ground that there is no genuine issue as to any material fact, and as such, the plaintiffs are entitled to judgment as a matter of law. The plaintiffs filed the complaint against the defendant, J. R. Moore Farm Supply, Inc., fo...
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OPINION The matter here before me is on a motion of the defendant, Allegheny Ludlum Steel Corporation, Division of Allegheny Ludlum Industries, Inc., to dismiss the complaint filed by a former employee, Daniel O. Alston. The complaint was filed on January 30, 1978, and avers that the plaintiff is a black man; that he entered the employment of the defendant on December 28, 1928; that ...
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OPINION AND ORDER This case is before the Court upon a remand by the U.S. Court of Appeals for the First Circuit directing this Court to consider various issues and to convene a three-judge court if said issues were not found determinative of a final disposition in the present action. We were first directed to determine whether plaintiff had retaken the bar examination at issue herein so as to asc...
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*635MEMORANDUM OPINION This is an in rem action to enforce the final judgment of a state court of Georgia, to set aside an allegedly fraudulent conveyance of real estate, and to attach that real estate. A bench trial was conducted on March 15, 1978. The allegedly fraudulent transaction occurred on June 8, 1972 when the defendant Mr. William A. Auer conveyed his interest as a tenant by the entiret...
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This is a suit for release of documents under the Freedom of Information Act, 5 U.S.C. § 552(a)(4)(B) (the “FOIA”) and the Privacy Act, 5 U.S.C. § 522a(g)(5) (the “PA”). Shermco Industries, Inc. (“Shermco”) was a contractor overhauling defendant’s airborne generators for the first two years of a five year contract. Defendant terminated this contract during the third year, and solicited offers b...
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MEMORANDUM AND ORDER On March 23, 1978, the Plaintiff, Khodadad Adibi-Sadeh, filed this lawsuit individually and on behalf of all others similarly situated seeking to enjoin Bee County College and the other Defendants 1 from continuing to conduct disciplinary proceedings against them at the college. The application of the originally named Plaintiff, Adibi-Sadeh, for tempor...
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DECISION and ORDER This is an action for a writ of habeas corpus. The petitioner claims that he is confined in the Wisconsin state prison in violation of the United States Constitution because the state of Wisconsin violated the plea agreement pursuant to which the petitioner pleaded guilty to certain charges. The writ will be conditionally granted. On May 22, 1974, the petitioner, Albert Gra...
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OPINION AND ORDER This is a petition for a writ of habeas corpus. Petitioner, an inmate at the Federal Correctional Institution in Oxford, Wisconsin, claims that his custody is in violation of the laws and Constitution of the United States. 28 U.S.C. § 2241. On the basis of the entire record, including the stipulation of facts and documents attached to the parties’ briefs, I find the...
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MEMORANDUM AND ORDER Defendant, pursuant to 18 U.S.C.A. § 3006A(e)(l), has applied for the payment at government expense of the services of Dr. Robert Buckhout, Associate Professor of Psychology, Brooklyn College, City University of New York, as a defense expert witness on the subject of eyewitness identification testimony. Upon order of this Court and in support of the application, defendant h...
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MEMORANDUM & ORDER Defendant Damon Coats, Inc. moves to dismiss this action for lack of personal jurisdiction and improper venue, or, in the alternative, to stay this proceeding pending the outcome of an action presently in the New Jersey federal district court involving the same dispute. Each motion is denied. The parties have agreed to a stipulated version of the facts for the purp...
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MEMORANDUM AND ORDER Petitioner, presently confined at the Missouri State Penitentiary, Jefferson City, has filed a pro se habeas corpus petition pursuant to 28 U.S.C. § 2254. He paid the applicable filing fee. The facts surrounding petitioner’s state conviction are recounted in State v. Gregg, 399 S.W.2d 7 (Mo.1966). Petitioner and one Robert King, both disabled war veterans relying prim...
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OPINION Plaintiff Kennecott Copper Corporation (“Kennecott”) brought this action on March 22, 1978 alleging multiple violations of the securities and antitrust laws by defendant Curtiss-Wright Corporation (“CurtissWright”). Kennecott seeks a permanent injunction: (1) prohibiting the further solicitation of proxies and the voting of Kennecott shares and proxies now held by CurtissWright at...
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MEMORANDUM DECISION Plaintiff Swift instituted suit on her own behalf and on behalf of her daughter against defendants Toia, Commissioner of the New York State Department of Social Services and Bates, Commissioner of the Westchester County Department of Social Services, in their official and individual capacities. She seeks injunctive and declaratory relief and monetary damages in this ac...
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MEMORANDUM and ORDER Plaintiff challenges the constitutionality of the mandatory commitment and release provisions of section 330.20 of the Criminal Procedure Law of the State of New York (“C.P.L. § 330.20”) which in pertinent part provides: “1. Upon rendition of a verdict of acquittal by reason of mental disease or defect, the court must order the defendant to be committed to the custody of ...
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OPINION AND ORDER I. PROCEDURAL AND FACTUAL HISTORY OF THE CASE In June, 1975, plaintiff Bruce Albrecht was employed by Environmental Tectonics Corporation, (Tectonics). During the course of his employment, while operating a brake press, a die allegedly fell from the press onto his foot, causing injuries to him. On June 17, 1977, plaintiffs ^ filed this action against Pneuco...
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*1274 OPINION AND ORDER Plaintiff, a Pennsylvania corporation in the business of selling services on a Scanning Electron Microscope, (SEM), has brought this action against defendant, The Franklin Institute, a non-profit Pennsylvania corporation which also sells such services to the public through its research arm. The complaint consists of two counts: Count I alle...
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OPINION AND ORDER I. INTRODUCTORY STATEMENT: Good name in man and woman, dear my Lord, Is the immediate jewel of their souls; Who steals my purse steals trash; ’tis something, nothing: ’Twas mine, ’tis his, and has been slave to thousands; But he that filches from me my good name Robs me of that which not enriches him And makes me poor indeed. 1 ...
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MEMORANDUM The parties have filed cross-motions for summary judgment on a claim for reimbursement of benefits under a liability insurance contract and have agreed to have the matter handled as a case stated. A stipulation of facts, accompanied by exhibits, presents all the facts which are material to an adjudication of this controversy. The parties agree there is no genuine issue as to any of t...
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OPINION AND ORDER This matter comes before the Court on cross-motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff, Melvin Roberson, was incarcerated in Montgomery County Prison from August 2,1974, until August 16, 1974. He filed this pro se action pursuant to the Civil Rights Act, 42 U.S.C. § 1983, naming as defendants Lawrence Roth, the Warden of Mo...
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OPINION AND ORDER I. PROCEDURAL AND FACTUAL HISTORY OF THE CASE Presently before the Court are motions to dismiss filed by Defendants Mayor Frank L. Rizzo and the City of Philadelphia and cross motions for summary judgment filed by Plaintiffs and Defendant Leonard. Due to the record before us, we will treat the motions to dismiss as motions for summary judgment as provided for in F.R...
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OPINION I. PROCEDURAL AND FACTUAL HISTORY OF THE CASE: Plaintiff, Major’s Furniture Mart (Major’s), was in the business of making retail sales of furniture to consumers, and defendant, Castle Credit Corporation (Castle), is in the business of financing furniture dealers. Major’s and Castle entered into a Sale of Receivables Agreement (Agreement), dated June 18, 1973, by which Maj...
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OPINION AND ORDER Presently before us are Plaintiffs’ motion for summary judgment and Defendant’s motion to dismiss. The facts are not in dispute; the sole legal question before us is whether Defendant abused his discretion in denying Plaintiff’s1 application for adjustment of status to permanent resident pursuant to 8 U.S.C. § 1255 2 For the reasons which follow, we find there was no abuse of di...
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MEMORANDUM Defendant Jack Lenahen, filed a motion for judgment notwithstanding the verdict and a motion for new trial on April 27, 1977. These motions were denied by Order dated November 18, 1977. Notice of Appeal was filed December 12, 1977. This memorandum is in support of our November 18, 1977 Order. Both motions raised similar issues and therefore will be treated as one. This is ...
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MEMORANDUM Defendants were indicted in a one count indictment charging conspiracy to possess hashish with intent to distribute it, in violation of 21 U.S.C. § 846. The case proceeded to a jury trial which began on March 1, 1978. The jury was charged on March 7, 1978, and began deliberations on March 8, 1978 at 10:00 a. m. On March 9, 1978, after the jury informed the Court for the third time that ...
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OPINION AND ORDER This case presents the following two issues of first impression with respect to the “purchase or sale” standing requirement of Section 10(b) of the 1934 Securities Exchange Act, 15 U.S.C. § 78j(b) 1 and Rule 10b-5 2 promulgated thereunder: 1) Is an exchange of shares for voting trust certificates a “purchase or sale”? 2) Is a...
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MEMORANDUM DECISION Plaintiffs seek a preliminary injunction preventing the Corps of Engineers from discharging any water from the Jamestown and Pipestem Dams in North Dakota until such time as the flooding conditions along the James River in northern South Dakota are adequately alleviated. This matter was originally presented before the Court on April 12, 1978, at which time plaintiffs requested ...
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MEMORANDUM This civil rights action under 42 U.S.C. § 1983 against the Sheriff of Knox County, certain members of his staff and an inmate, was filed in the Middle District of Tennessee on the pauper’s oath and was transferred to this District under 28 U.S.C. § 1404(a). Plaintiff, presently an inmate at the Tennessee State Penitentiary in Nashville, was incarcerated in the Knox County Jail at ...
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MEMORANDUM This action is brought against the United States pursuant to the provisions of the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., for injuries the plaintiff allegedly suffered while incarcerated in the Knox County Jail. Jurisdiction is alleged under 28 U.S.C. § 1346(b), which governs certain claims against the United States for money damages. This case was filed in the Middle Distri...
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MEMORANDUM Petitioner has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, alleging three grounds of relief: that the arbitrary application of the Tennessee Habitual Criminal Statute, Tenn. Code Ann. § 40-2801 et seq., violated his rights to due process and equal protection; that severance of petitioner’s case from that of his co-defendant violated petitioner’s due process ...
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MEMORANDUM On January 17, 1978, plaintiff filed this diversity action against the defendant in this Court. Plaintiff, in her complaint, alleges that she is a citizen and resident of the State of Florida. Plaintiff further alleges that the defendant is a citizen of the State of Pennsylvania. The suit is based upon an alleged breach of contract and tort involving a refusal by the defendant to defend...
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MEMORANDUM This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., alleging race discrimination by the United States Postal Service (USPS). Plaintiff seeks to represent a class of black persons discriminated against by the use of an Estimate of Potential Form (Form 2577) and predominately white district review boards in the promotion system at...
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OPINION On January 31, 1978, defendants in this case moved to dismiss the complaint under Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. Plaintiff filed a memorandum in opposition to the motion on February 13. On March 31, the Court issued an Order giving the parties notice that it wished to consider materials presented by the parties but outside plaintiff’s o...
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ORDER This matter comes before the Court on plaintiff Precision Universal Joint Corporation’s (“Precision”) motion to dismiss certain defendants’ counterclaim pursuant to Rule 12(b)(1), (6), Federal Rules of Civil Procedure. For the reasons set forth herein, we grant plaintiff’s request. This is an action for copyright infringement under 17 U.S.C. §§ 101,112, for unfair trade practices under Illi...
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MEMORANDUM OPINION AND ORDER This lawsuit involves a claim for refund by plaintiff, Faygo Beverages, Inc. [“Fay-go”], of certain federal diesel fuel excise taxes. The government has filed a counterclaim seeking a judgment for additional assessments of federal diesel fuel excise taxes against plaintiff that remain unpaid. The case is before the court on cross motions for summary judgment. The parti...
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OPINION In an opinion dated January 11,1978, this court held that Lester Taubman and Murtón Schlesinger, former president and vice-president respectively of the now-bankrupt corporation, Prebuilt Homes, Inc., are personally liable under § 6672 of the Internal Revenue Code for the failure of Prebuilt Homes to pay over to the government $156,565.34 in income and social security taxes withheld from i...
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ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This is an action filed on June 2, 1976 in which plaintiff, Vonsella Harvey, charges defendant, Housing Development Corporation and Information Center, with having violated certain provisions of the Truth In Lending Act, 15 U.S.C. § 1601 et seq. and Regulation Z as promulgated by the Board of Governors of the Federal Reserve System. ...
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OPINION AND ORDER Plaintiffs, the International Society for Krishna Consciousness, Inc. (“ISKCON”) and Romapada das, president of the New York City Temple of ISKCON, have moved for a preliminary injunction to enjoin defendants, supervisory personnel of the Port Authority of New York and New Jersey, from enforcing certain regulations which limit the number of ISKCON devotees who may practice an al...
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MEMORANDUM Plaintiff has moved for summary judgment as to Counts II and IV of the complaint. After consideration of plaintiff’s motion, defendants’ response thereto, defendants’ motion to strike the affidavit of Louis Paul, and the respective briefs, the motion as to Count II will be denied and the motion as to Count IV will be granted. I. MOTION TO STRIKE THE AFFIDAVIT OF LOUIS PAUL Office Outfit...
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MEMORANDUM AND ORDER In this Internal Revenue Service summons enforcement proceeding, the plaintiffs, the United States of America, and Joseph A. Dollard, Special Agent, Internal Revenue Service (IRS), seek certain records filed by nine members of the bar with Americo V. Córtese, Prothonotary of the Philadelphia County Court of Common Pleas. We have granted leave to these nine attorneys to int...
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MEMORANDUM Presently before the Court are the renewed motions of intervenor Dorothy Geek (“Geek”), pursuant to Fed.R.Civ.P. 55(c) and 60(b), to set aside the judgment by *539default entered against defendant Harry E. Smeck (“Smeck”), on the grounds of Geek’s mistake, inadvertence, surprise and excusable neglect, and plaintiff’s alleged misrepresentations and misconduct, under Fed.R. Civ.P. 60(b)(...
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OPINION Before the Court is a Motion to Amend the Amended Complaint, and Motions for Summary Judgment on behalf of the two defendants, AAA Trucking Company (AAA), and International Brotherhood of Teamsters, Local 470 (Local 470). For the reasons stated below, the motion to amend, and the motions of AAA and Local 470 for summary judgment on the claim of breach of duty of fair representatio...
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MEMORANDUM AND ORDER Presently before the Court is the application of defendants National Movie-Dine, Inc. (“Movie-Dine”), and Creative Cine-Tel, Inc. (“Cine-Tel”), pursuant to section 3 of the United States Arbitration Act (“the Act”), 9 U.S.C. § 3 (1970), 1 for an Order staying all proceedings in plaintiff’s diversity contract action pending plaintiff’s submission of his clai...
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MEMORANDUM and ORDER: Plaintiffs in this lawsuit are the personal representatives of five deceased persons who died when the “Glenda Guidry” sank approximately twenty-five miles off the coast of Iran on or about December 5,1975. This action is maintained under the Jones Act, 46 U.S.C. § 688, the Death on the High Seas Act, 46 U.S.C. § 761, and general maritime law, against five corporate ...
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Memorandum and Order The above-styled-and-numbered cause is an action brought under Title 46 U.S.C. § 688 and § 761 et seq. (“Jones Act” and “Death on the High Seas Act,” respectively) by the personal representatives of several Spanish nationals who met death in a helicopter crash in connection with their employment on a drilling rig operating off the coast of West Africa. In addition...
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MEMORANDUM AND ORDER This action was brought by Petitioner Dr. Elliot William Jacobs seeking a preliminary injunction restraining the Respondent Secretary of the United States Air Force from ordering Petitioner to perform active duty service and from pursuing any court-martial proceedings against Petitioner pending determination of an application filed by Petitioner with the United States Air F...
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DECISION AND ORDER MYRON L. GORDON, District Judge. The defendant has filed a motion for a preliminary injunction restraining the Law Enforcement Assistance Administration from suspending the funding of the defendant sheriff’s department programs until the final hearing in this case. This is an action by the United States against Milwaukee County and the Milwaukee County sheriff’s departmen...
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MEMORANDUM AND ORDER Plaintiff, International Society for Krishna Consciousness of Berkeley, Inc. (“ISK-CON”), has brought this action on behalf of itself and its members seeking both a declaration that Sacramento city ordinance No. 2967 and Sacramento county ordinance §§ 5.64.010 et seq. are unconstitutional, and a permanent injunction restraining the enforcement of these laws against it. Essent...
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OPINION The parties in this case have filed cross motions for summary judgment with regard to Count II of the complaint. The Court grants summary judgment to plaintiff for the reasons stated below. I. The material facts relating to Count II are not disputed. Plaintiff Zotos International, Inc. engages in the manufacture and sale of certain cosmetic products regulated by the Food...
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MEMORANDUM ORDER OF DISMISSAL Esther Mae Scott claims that the defendants infringed upon her common law copyright interest in a song entitled “Keep A Goin’ ” and otherwise engaged in unfair trade practices and competition against her. She alleges in her complaint that the defendants Paramount Pictures, American Broadcasting Company and ABC Records, Inc. published, sold and marketed the mo...
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*249 MEMORANDUM AND ORDER I. Introduction Plaintiffs bring this consolidated action 1 pursuant to the Freedom of Information Act (FOIA) 5 U.S.C. § 552 et seq., seeking disclosure of all records pertaining to them in possession of the National Security Agency (NSA). Defendants have filed a Motion for Summary Judgment 2 alleging that th...
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MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT This action seeks judicial review of the decision of the Administrator of the Environmental Protection Agency on August 20, 1976 to stop further processing of a grant application submitted by the Washington Suburban Sanitary Commission 1 (WSSC) for seventy-five percent federal funding of a proposed sewage treatment plan...
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DECISION ON MOTION TO DISMISS This is a derivative action brought on behalf of Kula 200, a limited partnership organized in Hawaii and involved in real estate, development in Kula, on the island of Maui. Defendants are two general partners (Erling Wick and Wick Realty, Inc.), a limited partner (Wick Associates), and the limited partnership itself. Mr. Wick is a Hawaii citizen residing on the isla...
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MEMORANDUM OPINION Motion to Dismiss and Cross Motions for Summary Judgment Plaintiff Craig Ford, a former employee of the Department of Housing and Urban Development (“HUD”), brings this action to review his discharge from the position of Special Assistant to the Area Director of HUD’s Chicago Area Office, which became effective on November 12, 1975. Plaintiff seeks reinstatemen...
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MEMORANDUM OPINION AND ORDER On July 8, 1976, plaintiffs filed a complaint seeking a declaration of their rights with respect to, and to enjoin the construction of, the proposed extension of Dort Highway. Plaintiffs allege an environment impact statement (EIS), a document which considers in detail the environmental consequences of, and alternatives to, proposed major federal action which ...
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MEMORANDUM OF DECISION Renneth Smith, sheriff of Marshall County, Mississippi, and three of his deputies, Frankie Marion, Mennie Mannon, and Jackie Brown (plaintiffs), sue the members of the Marshall County Board of Supervisors, Joe Cooper, Wayne Brisco, Alfred Lofton, T. P. St. John, and Bernice Totten (Board), and the Chancery Clerk of Marshall County, J. M. “Flick” Ash, contesting certain acti...
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OPINION AND ORDER On September 7, 1976, Thomas Palmer brought an action in the state court against Russell R. Bracy to recover damages for the personal injuries suffered by Palmer in an automobile accident. On September 22, 1976, Bracy filed a petition in bankruptcy and named Palmer as a creditor. The filing of the petition automatically stayed the state court action. Fed.R.Bankr.P. 401(a). Not...
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MEMORANDUM DECISION AND ORDER Plaintiff Michael Wallace (“Wallace”) commenced this action against his former employer, American Telephone and Telegraph Co. (“AT&T”), and against the union of which he was a member during the relevant period, the Communications Workers of America (“CWA”), after the decision of an arbitrator sustained plaintiff’s discharge by AT&T for involvement in drug-rel...
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MEMORANDUM and ORDER The petitioner, Behring International, Inc. (“Behring”), instituted this action to vacate an arbitration award rendered in favor of respondent, Local 295, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (“Local 295”) on two grounds: first, that the award exceeded the scope of the underlying collective bargaining agreement, and s...
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MEMORANDUM OPINION AND CERTIFICATE The petitioner Mr. Charles Hasque Bishop applied pro se to this Court for the federal writ of habeas corpus. He claims he is in the custody of the respondent pursuant to the judgment of February 19, 1977 of the Criminal Court of Sullivan County, Tennessee in violation of his right to a fair trial, Constitution, Fourteenth Amendment. 28 U.S.C. § 2254(a). He claim...
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*254 OPINION AS RENDERED FROM THE BENCH This suit was filed by Agnes Henry d/b/a Center Beauty Shop, both in Jefferson County and Hawkins County, Tennessee, for a refund in the amount of employment taxes she has paid the Government. The assessments were made by the Government against the plaintiff for the years 1973 and 1974. Plaintiff paid taxes for the first quarter in 1973 and...
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The defendants Louisville and Nashville Railroad Company and Mr. Schearer moved the Court to strike all allegations of the plaintiffs’ amended complaint herein relating to the former’s failure to establish and maintain warning signs, signals, gates, lights, etc. at its crossing involved herein. The thrust of such motion is that, under Tennessee law, there was no duty upon it to erect or maintain a...
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MEMORANDUM OF OPINION Plaintiff brought this action against the United States and Dr. David Allen Kasuboski under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 2671-2680. Only the United States was served. The Court has jurisdiction pursuant to 28 U.S.C. § 1346(b). On December 22, 1977, defendants filed a motion to dismiss the action for failure to state a claim upon which relie...
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OPINION This action was instituted in this court on October 7, 1977, by Consolidated Rail Corporation (“Conrail”) seeking permanently to enjoin the City of Dover from enforcing a noise abatement ordinance against Conrail because of its railroad operations within the limits of the City of Dover. On the same date the City of Dover brought an action against Conrail in the Delaware Court of C...
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MEMORANDUM and ORDER Certain of the procedural and background data are set forth in the Memorandum and Order of January 28, 1977, and will not be repeated. The question presented is whether defendant is entitled to summary judgment in this Age Discrimination in Employment Act of 1967 case. Plaintiff, then aged 62 and a district sales manager of defendant earning $12,896 a year, ...
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OPINION This is a class action brought in 1971 by certain attorneys employed by the Immigration & Naturalization Service (“I.N.S.”) of the Department of Justice of the United States. The attorneys commenced administrative proceedings on September 26, 1967, more than ten years ago, to have their job grade reclassified from GS-12 to GS-14. The Department of Justice denied their application, and the...
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MEMORANDUM AND ORDER Relator is serving a sentence at the Delaware County Prison following a conviction in the Delaware County Court of Common Pleas. His habeas petition claims that the Essex, New Jersey, prosecutor has twice lodged detainers to secure his presence to stand trial in that state. According to relator, both detainers were dismissed by Pennsylvania courts, apparently because of proced...
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MEMORANDUM The petitioner has filed a petition for habeas corpus relief pursuant to 28 U.S.C § 2254. Petitioner alleges that the conditions of his present confinement violate his rights to due process of law and to equal protection under the Fourteenth Amendment, as well as his right to be free from cruel and unusual punishment under the Eighth Amendment. The State of Tennessee has filed an answer...
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MEMORANDUM OF DECISION These consolidated cases concern the restless question of enforcement of two summonses issued by Robert C. Jesson, Special Agent, Internal Revenue Service, to two Vermont banks at Brattleboro, Vermont. The petitioner Jesson is assigned to the Intelligence Division of the Internal Revenue Service under the District Director of Internal Revenue for New Hampshire. The Internal ...
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MEMORANDUM AND ORDER The primary issue presented by these cross-motions is whether or not defendant National Capital Medical Foundation, Inc. (“NCMF”) is an “agency” for purposes of the Freedom of Information Act, 5 U.S.C. § 552(e) (1976), and thus subject to the disclosure provisions of that Act. The matter has been fully briefed and argued. Plaintiff, Public Citizen Health Research Group (“...
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MEMORANDUM OPINION This action for breach of contract to sell FHA-insured mortgage options is before this Court on defendants’ motion for summary judgment and plaintiff’s motion for partial summary judgment. The question before us at this time is one of contract formation, i. e., did the parties enter into binding contracts before defendants’ cancellation of the mortgage sale program.1 A. Backgro...
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MEMORANDUM In this class action survivors of certain deceased coal miners seek an order directing the defendant trustees of the United Mine Workers of America Health and Retirement Funds (“Funds”) to pay them permanent health care coverage in the case of spouses and coverage to age 22 in the case of dependents.1 The class represents all surviving spouses and dependents of deceased miners who sati...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on oral motion to reconsider the Court’s supplemental order of February 23,1978, dealing with the apportionment of attorney fees to State Farm Mutual Automobile Insurance Company, a non-party subrogated reparation obligor. For the reasons hereinafter stated, the supplemental order shall stand and the amount ordered to be paid to the n...
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462 F.Supp. 21 (1978) The KANSAS CITY SOUTHERN RAILWAY COMPANY v. GREAT LAKES CARBON CORPORATION. No. 75-808C(2). United States District Court, E. D. Missouri, E. D. April 25, 1978. John P. Emde, Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., Robert E. Zimmerman, Robert K. Dreiling, Kansas City, Mo., for plaintiff. *22 G. Carroll Stribling, Sr., W. W. Dalton, Fordyce & Mayne, St. ...
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MEMORANDUM This matter is before the Court on the motion of plaintiffs, United States of America and the United States Postal Service (hereinafter “Postal Service”), for partial summary judgment and on the motions of defendants the City of St. Louis and the National Association of Letter Carriers Branch No. 343 (hereinafter “Union”) to dismiss or alternatively to stay proceedings and to dismiss o...
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Defendants McGrath, Schaller, Buckle and de la Cova move, prior to indictment, under Rule 41(e) of the Federal Rules of Criminal Procedure to suppress evidence which they claim was seized from them illegally. For the following reasons, the motion is denied. On January 30, 1978, agents of the Drug Enforcement Agency (DEA) arrested a man who was found to possess approximately 20 pounds of ma...
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MEMORANDUM International Business Machines Corporation, defendant in this civil antitrust action brought by plaintiff, United States, has moved this court for an order Permitting IBM to Reopen Its Discovery. Defendant’s papers in support of the instant motion make it abundantly clear that the sole reason for IBM’s motion is an earlier motion made by plaintiff wherein plain*693tiff seeks leave to ...
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MEMORANDUM ORDER Defendant moves for an order directing plaintiff to proceed with an arbitration already commenced, and dismissing the complaint. The motion is granted. Defendant Compañía de Acero del Pacifico, S.A. (“CAP”), a corporation organized under the laws of the Republic of Chile with its principal place of business in Santiago, Chile, and plaintiff Siderius, Inc. (“Siderius”...
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ORDER DISMISSING ACTION This action is before the court on defendant’s motion to dismiss and plaintiff’s motion to remand this action to the Secretary of Health, Education and Welfare of the United States of America. The parties have filed briefs setting forth their respective positions in connection with these motions. Plaintiff alleges in her complaint that she filed her application for disabili...
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*1344 OPINION Defendant was named in two counts of an indictment charging conspiracy to distribute heroin and cocaine in violation of 21 U.S.C. § 846, and distribution of cocaine in violation of 21 U.S.C. § 841(a)(1). On July 21, 1977, he pleaded guilty to both counts. Defendant appeared for sentencing on October 20, 1977, and moved to withdraw his guilty plea. After full conside...
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MEMORANDUM AND ORDER On September 28, 1977, a federal grand jury in the Eastern District of Pennsylvania returned an indictment charging Clyde Bachert and George Edward Price with armed bank robbery. On December 28, 1977, a superseding indictment was returned. Counts X, XI, and XII of the superseding indictment charged Bachert with violations of 18 U.S.C. § 1503, which makes it unlawful, inter...
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OPINION AND ORDER This cause came to be heard on the matters indicated in our Order of April 5, 1978. Upon hearing the arguments of the parties, the Court has issued various Orders which will be expounded at the present instance. *533I. The Standing Issue: On March 2, 1978 the Court directed the parties to brief on the standing of Carlos Romero Barceló and Radamés Tirado Guevara to appear as Plain...
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MEMORANDUM AND ORDER On March 4, 1977, the plaintiff commenced this civil action to have the defendants design patent declared invalid. On October 4, 1977, an amended complaint was filed naming R & M Engineering as an additional party defendant. Prior to the commencement of this action, on September 15, 1976, the defendant Charles Strada had notified the plaintiff by letter that he would bring an...
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MEMORANDUM AND ORDER The plaintiffs, John and Ruth Holcomb, have filed a motion for attorneys’ fees in this action. Both plaintiffs and defendant, United States, have filed with the Court a Bill of Costs in this action. On March 9, 1978, the Clerk of Courts, United States District Court for the Eastern District of Wisconsin held that the costs of the action must be borne by each party because ther...
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OPINION In this action for declaratory and injunctive relief, the Court is asked to decide whether the Great Blizzard of 1978 1 extended the statutory period for redemption of real estate seized and sold by the Internal Revenue Service (the “IRS”). 2 The essential facts are not in dispute. On October 12, 1977, undeveloped coastal land in Revere, Massachusetts (the “Land”) 3 owned by the...
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MEMORANDUM In these actions, which in an opinion dated December 5, 1977, the court concluded *69 should be consolidated, Government Employees Insurance Company (“GEICO”) moves to reargue the court’s conclusion that summary judgment should be granted to the United States. GEICO had insured one Charles Fabisiak under a policy on a 1967 Volkswagen operated by him when an accident occurred on M...
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MEMORANDUM AND ORDER Plaintiff, a New Jersey corporation engaged in the business of processing and selling milk and milk products, brought this action against the New York Commissioner of Agriculture and Markets (“the Commissioner”) on October 26, 1976, in the United States District Court for the Southern District of New York for an injunction against enforcement of Article 21 of the New York Agri...
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MEMORANDUM and ORDER This is an action brought pursuant to 42 U.S.C. § 1983 against an attorney who had been retained to represent the plaintiff in various state matters. The crux of the complaint is that defendant inadequately represented plaintiff’s interests in those cases. The case is, in effect, an action for legal malpractice, and is not cognizable under § 1983 since there is a total absence...
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MEMORANDUM OF DECISION On the afternoon of April 13, 1975, Alan L. Metcalfe, a Captain in the United States Air Force, was sailing a small pleasure boat on Lake Gaston, a navigable body of water located in Warren County, North Carolina, when the top of the mast of the sailboat came in contact with a high voltage electric transmission line of Virginia Electric and Power Company (VEPCO) sus...
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MEMORANDUM OPINION This matter is before the Court for a determination of the defendant’s motion for the Court to reconsider and vacate that portion of the Court’s Memorandum and Order of March 2, 1976, which denied the defendant’s motion for summary judgment upon its third defense and allowed the plaintiff’s motion to dismiss the defendant’s third defense to the claims set forth in the complai...
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MEMORANDUM AND ORDER Plaintiff and defendants are competitors engaged in the business of selling and servicing voting machines and accessory parts therefor. On March 30, 1973, plaintiff, International Election Systems Corporation (IES), instituted this action alleging that *690 defendant Ransom F. Shoup had fraudulently entered into a contract with Computer Election Systems, ...
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MEMORANDUM The original plaintiff brought this tort action in state court against the defendants on the basis of an accident which occurred while the plaintiff was employed by the United States Government as a mail carrier. The defendant, Knoxville Community Development Corporation, then brought an action as third-party plaintiff against the United States Post Office Department as third-party defe...
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MEMORANDUM AND ORDER Plaintiff, an inmate confined in the Texas Department of Corrections filing pro se and *142 in forma pauperis, brought this action for violation of civil rights against a captain in the Narcotics Service of the Texas Department of Public Safety. Plaintiff’s complaint is based upon events that occurred on or about August 24, 1972. Defendant has filed a Mot...
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DECISION AND ORDER The petitioner has filed a motion to vacate her federal sentence, pursuant to 28 U.S.C. § 2255. She has also filed a “motion for ex parte, in camera, alternative judgment.” I believe that the latter motion should be denied and that the former motion should be denied without prejudice. The petitioner was convicted of contempt of court in violation of 18 U.S.C. § 401, for refusing...
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On February 17, 1978 the plaintiffs filed a motion for summary judgment averring that “there is no genuine issue as to any material fact and that the plaintiffs are entitled to a judgment as a matter of law.” All defendants had previously been informed, by a notice dated February 10, 1978, that the Court would hold a hearing on this case on all pending matters on March 13, 1978. In response to th...
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OPINION and ORDER The issues have been presented to this Court by way of two separate petitions for writ of habeas corpus pursuant to 28 U.S.C. § 2254, submitted by Petitioners Willie Lee Richmond and Jose Jesus Ceja, both of whom have been convicted of first degree murder and sentenced to death pursuant to A.R.S. § 13-454. These petitions have been treated together for the reason that they bot...
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ORDER This matter is before the court on plaintiffs’ motion for class certification pursuant to Rule 23(c)(1), F.R.Civ.P. This is an antitrust action alleging violations of Sections 1 and 2 of the Sherman Act (15 U.S.C. §§ 1, 2) and Section 3 of the Clayton Act (15 U.S.C. § 14). Plaintiffs are former sewer cleaners who worked on a *681commission basis for defendant F. E. Wray, Inc. (Wray), a Roto...
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MEMORANDUM OPINION I. Background Facts This case arises under Title I of the Housing and Community Development Act (HCD Act) of 1974, Pub.L. No. 93-383, 88 Stat. 633, 42 U.S.C. §§ 5301-16 (Supp. V 1975).1 Title I creates a system of federal support to assist local communities in improving the quality of life for citizens in urban areas with low and moderate incomes.2 The primary aims of Title I a...
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MEMORANDUM OPINION This is a Title VII enforcement action brought by the Equal Employment Opportunity Commission against Sherwood Medical Industries, Inc. (Sherwood), alleging that Sherwood engaged in discriminatory employment practices with respect to race and male gender. Now before the Court is Sherwood’s “Motion to Strike and/or for Dismissal for Failure to State a Claim and/or for Su...
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ORDER Defendants Cary Glenn Blalock and Michael Eugene Fiedler, movants herein, were convicted in this court on March 30, 1976, *918 on three counts: conspiracy, 21 U.S.C. § 963; possession with intent to distribute, 21 U.S.C. § 841(a)(1); and importation, 21 U.S.C. § 952(a), of cocaine, a Schedule II narcotic controlled substance. Their convictions were affirmed on all counts by the Fifth Ci...
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MEMORANDUM AND ORDER This cause is before the court on defendants’ motion to dismiss Counts I and II of plaintiff’s complaint for lack of subject matter jurisdiction. For the reasons hereinafter stated, the motion will be granted. Plaintiff, Jerry Jorsch, has filed a four-count action seeking $750,000 in damages against defendants, Donald Joseph LeBeau, Jr. and Donald Joseph LeBeau, Sr. The g...
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*1132MEMORANDUM AND ORDER This cause is before the court on defendants’ motions to dismiss and for a more definite statement. For the reasons hereinafter stated, the motions to dismiss are granted in part and denied in part, and the motions for a more definite statement are denied. This action is brought pursuant to the Civil Rights Act of 1870, 42 U.S.C. § 1981, and Title VII of the Civil Rights...
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Edward Withers, presently incarcerated at the Maryland Penitentiary, brings this *474 civil rights action pursuant to 42 U.S.C. § 1983 seeking compensatory, declaratory and injunctive relief against officials of the Maryland Division of Correction for failing to take reasonable measures to protect him from sexual assault. Plaintiff also alleges that the defendants breached their state tort law ...
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The plaintiffs, members of Freight Drivers and Helpers Local No. 557, have initiated this action against their Local and its affiliated Teamsters organizations, Joint Council No. 62, the Eastern Conference of Teamsters, and the International Brotherhood of Teamsters. The complaint is based on the defendants’ alleged violation of the National Freight Agreement and the Maryland, District of Colum...
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ORDER On December 6, 1977, the court issued an order directing plaintiff to show cause why this action should not be dismissed for lack of jurisdiction. The plaintiff filed a timely response to this order to show cause. Plaintiff’s response indicated that the letter from the Secretary informing the plaintiff of the final decision of the Appeals Council had informed the plaintiff that she had 60 da...
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MEMORANDUM In December of 1977 the National Socialist Party of America (Nazis) sought and received a permit to hold a parade on the streets of St. Louis, Missouri. The parade was scheduled for March 11, 1978. This action was filed to enjoin the march. The injunction was denied and the march was held. Plaintiff has amended the complaint seeking monetary damages. The Jewish Defense League is an orga...
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Variously stating the facts in three separate causes of action, Eagle Transport Ltd., Inc. sues John E. O’Connor and John E. O’Connor & Sons, Inc., alleging that Eagle, a shipowner, concluded a charter party agreement in New York with Atlantic, the charterer, and that a term of the agreement was a commitment that the defendants would guarantee Atlantic’s performance (¶ 10, Complaint). It is cla...
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*135 MEMORANDUM AND ORDER This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff, a New York limited partnership, operates a commercial horse farm in the Town of Chatham, New York; defendants are members of the Town Board of Chatham. In 1975 defendants — who constitute a majority of the Town Board — voted to deny plaintiff a mobile home license, which action plaintiff c...
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MEMORANDUM DECISION An attorney-witness has asserted the attorney-client privilege on behalf of his former client. The question presented is whether and to what extent either the witness, who is a former attorney for a union pension fund, or the defendant, who is a former trustee of the fund, may raise the attorney-client privilege to protect communications concerning the fund’s business ...
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MEMORANDUM AND ORDER By motions each docketed March 28,1978 in this action, defendant moved for an order pursuant to Rule 56, F.R.Civ.P., granting summary judgment for defendant on its amended counterclaims, and plaintiff moved for summary judgment in its favor on its complaint, and also for judgment dismissing the counterclaims, as being precluded by the terms of the Convention on the Recognition...
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MEMORANDUM AND ORDER This cause came to be heard upon motion for summary judgment and to dismiss filed with respect to both the Hill-Burton claims and federal tax claims of plaintiffs. The pending motions concerning the Hill-Burton branch of the case will be dealt with first. Plaintiffs have filed motions for summary judgment against both the Secretary of Health, Education and Welfar...
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MEMORANDUM OPINION AND ORDER Plaintiff has brought this action against certain defendants associated with the welfare programs of the State of Ohio and against the United States Department of Health, Education and Welfare and its Secretary seeking monetary and injunctive relief in relation to the termination of a provider agreement between plaintiff and defendants. Upon petition by the Department ...
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MEMORANDUM OPINION AND ORDER This is an action pursuant to 42 U.S.C. § 405(g) seeking review of the final decision of the Secretary denying plaintiff disability benefits under the Social Security Act. An administrative law judge made a decision, upon hearing, to deny plaintiff’s claim on April 7, 1977. Plaintiff failed to request review of the Appeals Council within the requisite sixty days. On Se...
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ORDER REMANDING CASE Plaintiff brought this action in the District Court of Wagoner County, Oklahoma, to recover payments due under a disability insurance policy issued by defendant insurance company. Defendant removed the case to this court on the basis of diversity of citizenship. The removal petition alleges that the amount in controversy exceeds $10,000.00 exclusive of interests and c...
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OPINION This case, before this court on remand from the Court of Appeals,1 presents at this juncture the limited question of whether class certification pursuant to Rule 23 of the Federal Rules of Civil Procedure is appropriate, given the nature of the claims asserted. In our Memorandum and Order of December 17, 1975, we dismissed this action on grounds not here relevant, and stated that even if ...
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MEMORANDUM In previously remanding the record in this case, we pointed out that the Administrative Law Judge (ALJ) was not warranted in rejecting the plaintiff’s testimony because of her lack of knowledge of where and in what mine her deceased husband worked, who owned the mine, the size of the mine, the number of employees therein, the duties performed by the decedent and like matters. We explain...
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MEMORANDUM OPINION Plaintiff husband, a New York resident, brought suit against the original defendants, Republic Steel Corporation (Republic), B. Manno Corporation (Manno) and Hanley Company (Hanley), to recover damages for injuries allegedly sustained in an accident which occurred on April 27, 1977, while he was working on a roof on a building owned by defendant Hanley which roof was de...
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MEMORANDUM OPINION AND ORDER This is an appeal from the judgment of a bankruptcy judge of this district, 11 U.S.C. § 67(c); Rule 801(a), Bankruptcy Rules, denying the application of the bankrupt (plaintiff-appellant) Mr. Cornmesser for an injunction prohibiting the defendants-appel-lees from proceeding with the prosecution of him in certain criminal actions pending in the state courts of Tennes...
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*510CLASS CERTIFICATION ORDER In its pretrial order of April 19, 1977 this Court conditionally consolidated and conditionally certified Sarah Linda Parker, et al. v. Bell Helicopter, CA 4-75-61, Ernest Mackey, et al. v. Bell Helicopter, CA 4-76-88, Dorothy Joyner Spears v. Bell Helicopter, CA 4-77-37 and Mary Jackson, et al. v. Bell Helicopter, et al., CA 4-77-74. The class as conditionally certi...
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OPINION AND ORDER On November 21, 1974, in Comanche, Texas, Billy Carroll Maxey and Mary Delia Maxey were burned alive in the cab of a truck manufactured by defendant Freight-liner Corporation. The large diesel powered truck tilted on its side and slid approximately 288 feet to a stop, without forcefully colliding with any objects. The fatal fire erupted after the truck came to a stop. Bi...
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MEMORANDUM OF OPINION On April 1,1977, after being found guilty by the Court of importation of marihuana, 21 U.S.C. § 952(a), possession of marihuana with intent to distribute, 21 U.S.C. § 841(a)(1), conspiracy to import marihuana, 21 U.S.C. § 963, and conspiracy to possess marihuana with intent to distribute, 21 U.S.C. § 846, defendant Frank D. Stanley was sentenced to the custody of the Attor...
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*825 MEMORANDUM OPINION AND ORDER DENYING MOTION TO DISMISS This matter is before the court on defendant’s motion to dismiss the second claim for relief. Plaintiff is a Mexican-American citizen of the United States and is a former employee of Emblem Tape and Label Company. Plaintiff alleges that defendant intentionally and willfully terminated his employment because of his color,...
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*1173 FINDINGS OF FACT AND CONCLUSIONS OF LAW Findings of Fact 1. The Board of Commissioners of Wilkes County, Georgia, is the governing body of Wilkes County, one of 159 counties of Georgia, Ga.Code § 23-101, and the Board of Education is the governing body of the Wilkes County School District, a school district under the law of the State of Georgia. The State of Georgia is subject to th...
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MEMORANDUM OPINION AND ORDER This matter comes before the court on motions to intervene filed by a variety of private and public entities. The case in chief involves a dispute regarding the salinity level in the waters of the Colorado River. Pursuant to 33 U.S.C. §§ 1311-1313, the seven states of the Colorado River Basin, after several years of interstate negotiations, adopted salinity control st...
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RULING ON DEFENDANT PARENTE’S MOTION TO DISMISS This case is currently before the court on the defendant’s motion to dismiss. The defendant is charged in a two-count indictment with violating 26 U.S.C. § 5691 by carrying on the business of a retail dealer in liquors and willfully failing to pay the special tax as required by 26 U.S.C. § 5121 and with conspiracy. The defendant contends that the ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action arises out of a dispute between certain taxicab drivers and the New Orleans Aviation Board over the use of a “two-line” system employed at the New Orleans International Airport in an effort to supply efficient taxicab service to deplaning passengers at the airport. On behalf of a class of cab drivers which does not include cabs licensed ...
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MEMORANDUM AND ORDER This is a civil action for money damages brought by Joan Williams, a black female former employee of defendant Massachusetts General Hospital. She alleges that defendants’ racial and sexual discrimination have violated her rights under the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, 42 U.S.C.A. §§ 2000e et seq. (Tit...
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OPINION I. The Claims This case is before the court on the plaintiffs’ motion for partial summary judgment and the federal defendant’s cross-motion for summary judgment. 1 The plaintiffs, Cindy and William Westcott and Susan and John Westwood, challenge the constitutionality of § 407 of the Social Security Act, 42 U.S.C. § 607 (hereinafter § 607), a part of the Aid...
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OPINION Petitioner was sentenced by the United States District Court for the Eastern District of Missouri on December 20, 1972, to a *1329 ten-year term of imprisonment under the special provisions of the Narcotic Addict Rehabilitation Act (NARA), 18 U.S.C. § 4251 et seq. He was paroled from this sentence on August 17, 1973, with 3,322 days remaining to be served. On September 20,1976, ther...
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MEMORANDUM The instant motions, having been held in abeyance pending a prior motion heard in January, 1978, are now before the Court. Defendants Gulf & Western Industries, Inc. (“Gulf & Western”) and C. G. Bluhdorn move to disqualify Fred Lowenschuss as class representative and Arnold Levin, Esq. as class counsel. Lowenschuss moves to strike the above motion and its accompanying affidavits as wel...
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MEMORANDUM Defendant’s motion to dismiss the indictment on the grounds of an alleged violation of her Fifth Amendment protection against double jeopardy was denied by Order dated March 21, 1978. This memorandum sets forth the basis for that denial. I. FACTS The defendant, Rethamae McKoy, was indicted October 5, 1977, on three counts charging: possession of stolen mail, 18 U.S.C. § 1708; a...
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MEMORANDUM OPINION Plaintiff, Cernuto, Inc. (C&C) instituted this action asserting a violation of § 1 of the Sherman Act, 15 U.S.C. § 1 (1970), which declares illegal every contract, combination or conspiracy in restraint of trade. In addition, invoking this court’s pendent jurisdiction, C&C set forth five counts predicated on its alleged contract rights and a count based on unfair trade ...
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MEMORANDUM This is a proceeding under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. Plaintiff has filed this action both in her own right and on behalf of the estate of her deceased husband, alleging that his death was due to the negligence of medical personnel at the Veterans Administration (VA) Hospital in Wilkes-Barre, Pennsylvania. According to the allegations of th...
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MEMORANDUM Presently before the court is the question of whether defendant’s acquittal of a conspiracy charge in Criminal No. 76-37-2 bars trial on the conspiracy charge here. The procedural history of this prosecution is somewhat complex. Acquittal on the other charges came April 7, 1976.1 On October 6, 1976, prior to trial on these charges,2 defendant moved to dismiss the indictment on the grou...
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MEMORANDUM OPINION AND ORDER This is a civil action by an association of local unions and certain of its officers seeking the resolution by this Court of a dispute between them and the defendant international union with reference to the latter’s election of its officers. It was submitted to the Court for a decision on the merits on the basis of the record as it is now constituted. Preterm...
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MEMORANDUM The defendant, Caesar B. Houston, is charged by a two-count indictment filed November 5, 1975, with possession of an unregistered firearm and with possession of a firearm not identified by serial number. The alleged criminal activity occurred on or about April 8,1975. Defendant was arrested on March 27, 1978. On April 12, 1978, defendant filed a motion to dismiss the indictment on the g...
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dissenting: Since there is no question but that Uvalde County is covered by § 5 of the Voting Rights Act, and that said county has been subjected to the required federal scrutiny,1 I do not believe that this Court has jurisdiction to determine whether or not the objection letter was timely filed by the Attorney General; nevertheless, even if this Court does have jurisdiction to determine the timel...
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DECISION AND ORDER Several motions filed by the named plaintiff, Alberta Lessard, are before the court in this pro se civil action. Ms. Lessard has submitted motions: (1) requesting a writ of mandamus to stop construction of the West Allis health department, (2) for a hearing and a declaratory judgment regarding the constitutionality of the “Local Public Works Capital Development and Investment...
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MEMORANDUM While an inmate at the Lorton Reformatory, Plaintiff Gerald B. Murphy was allegedly beaten and stabbed by other inmates. This attack is attributed to the negligence of the Defendants in providing for his security. This case is before the Court on the Motion of Defendants Delbert C. Jackson, Director of the District of Columbia Department of Corrections, Marion D. Strickland, Superi...
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OPINION The factual background of this diversity case is found in this Court’s earlier opinion reported at 433 F.Supp. 939 (D.Del.1977). Briefly, W. B. McGuire & Company, Inc. (“McGuire”), a New York corporation, is one of three corporate defendants. The plaintiff was injured in June, 1975, while he was operating an ice-cubing machine sold to plaintiff’s employer by the Gifford-Wood Company (“Gif...
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MEMORANDUM AND ORDER This matter is before the Court following a bench trial. Post trial briefs have been submitted and closing argument waived. The case is a class action, pursuant to Fed.R.Civ.P. 23(b)(2). 1 The class is composed of all inmates currently confined in the Marion Penitentiary Control Unit and all who will be so confined in the future. Jurisdiction is predicated upon 28 U.S.C...
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MEMORANDUM OPINION AND ORDER Plaintiffs in this action (seeking to sue on behalf of a class of persons similarly situated as well as on their own behalf) are four owners of condominium units in a building in Chicago known as the Outer Drive East Condominium. For convenience and ease of understanding, we will in this opinion refer to the various defendants in groups. The first group, which we sh...
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FINDINGS OF FACT AND MEMORANDUM ORDER This case comes before the court on cross-motions for summary judgment based upon the pleadings and affidavits on file herein. It appearing to the court that no material issues of fact are in dispute, the case is ripe for a determination upon its merits. This is an action for declaratory judgment and injunctive relief with respect to the regulato...
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OPINION Two individuals, W.D.S. and J.S., were served with subpoenas issued on behalf of the United States and the defendant Henry, to testify at the trial of this case. Through their attorney, they advised that each would interpose his right not to be compelled to be a witness against himself, under U.S.Const. Amend. 5. Arrangements were accordingly made for them to appear, be sworn and ex...
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OPINION Defendants move to dismiss the complaint for lack of jurisdiction over the person, Rule 12(b)(2), Fed.R.Civ.P., or for improper venue. Rule 12(b)(3), Fed.R.Civ.P. This is a diversity action for breach of contract and for “tortious interference with contractual relations.” Plaintiff Transatlantic Cement, Inc. is a Louisiana corporation with its principal place of business in N...
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OPINION Plaintiff moves, pursuant to Rule 23(c), Fed.R.Civ.P., for class certification in this action. The complaint alleges that certain officers and directors of Westates Petroleum Company (Westates) and other individuals used their inside knowledge and made false S.E.C. filings to profit illegally from Westates’ liquidation. Plaintiff, a Westates shareholder, brought this direct action under S...
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ENDORSEMENT Benjamin Ostrer moves to intervene and quash a subpoena duces tecum served upon the registrar of the New York Law School. The subpoena calls for the production of a: “[tjranscript of all courses taken and grades received therein by Benjamin Ostrer ... for which credit was given at New York Law School which subject matter included federal income tax matters and accounting.” Ostre...
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ORDER Invoking the Court’s jurisdiction under 28 U.S.C. §§ 1331, 1343(3) and (4), and 1361, plaintiffs initiated this action to redress alleged deprivations of their constitutional rights. This case is presently before the Court upon the parties’ cross motions for summary judgment and certain stipulations of fact. I. PARTIES The named plaintiffs and plaintiff-intervenor 1 ...
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MEMORANDUM Kingston Dodge, Inc., Plaintiff, an automobile dealer in the Boro of Kingston, Luzerne County, Pennsylvania, executed in 1966 a Direct Dealer Agreement with Defendant, Chrysler Corporation, to buy Dodge automobiles from the Defendant and to sell them in its Sales Locality and to promote there the sale of Chrysler Products. This agreement provides in pertinent part: “DODGE,...
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MEMORANDUM OPINION United Services Automobile Association, an insurance company, filed the complaint in this statutory interpleader action on January 9, 1978, and paid into the registry of this court $13,071.88, the sum admittedly owing under a policy it issued in 1975. It seeks a ruling as to which of the defendants is entitled to this fund. Friends’ Central School Corporation, one of the defend...
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ORDER The petitioner in this § 2254 habeas action has submitted an affidavit requesting a transcript of a hearing held in Columbia on August 3, 1977 during which the court heard extensive testimony concerning the petitioner’s various grounds for relief. His undated affidavit claims that he did not receive a copy of this court’s order of October 3, 1977 until March 6, 1978, that he is “appealing th...
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MEMORANDUM OF DECISION Plaintiffs Kenneth Armstrong and Terry Beaupre seek declaratory and injunctive relief to enable them to obtain benefits under the State of Vermont’s program for Aid to Needy Families with Children, free from any constraints or conditions imposed by the defendants under a plan designated by the defendants as the “Burlington Project.” The defendants, Sister Elizabeth ...
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DECISION AND ORDER On August 13, 1975, this Court granted summary judgment in this action for the defendants. On February 24, 1976, the Court of Appeals for the Seventh Circuit adopted by reference the decision of the district court, and on March 15, 1977, the Court of Appeals denied plaintiff’s motion for relief from judgment but granted plaintiff leave to apply to the district court for such re...
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Petitioner Russell Peters has filed a petition for writ of habeas corpus or mandamus pursuant to 28 U.S.C. § 2241(a), (c)(1), and (c)(3); 28 U.S.C. § 1331; 28 U.S.C. § 1361; and 28 U.S.C. § 1651, alleging that his reassignment from the Army Reserves to active duty was in violation of administrative and constitutional due process and regulatory rights under Army Regulation (“AR”) 135— 91. On March ...
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DECISION AND ORDER Before the Court is the motion of the defendant manufacturer and its insurance company for summary judgment against the plaintiffs, and the motions of the plaintiffs to add a party defendant and to file an amended complaint. The defendants’ motion is granted and the plaintiffs’ motions are denied. In their complaint, the plaintiff Dennis Verhein (“Dennis”) and his wife Rose...
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DECISION AND ORDER This is an action for amounts allegedly owing under a contract entered into be*498tween the parties to this action in June 1974, which contract was terminated in November 1975, for tortious interference with contract, for defamation, for breach of duty to act in good faith under the contract, and for negligence. The plaintiffs Mid-America Facilities, Inc., and J. Roger Motherway...
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MEMORANDUM OF OPINION The major issue in this lawsuit is whether the Employee Retirement Income Security *920 Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1381, preempts California community property laws to the extent that they require employee benefit plans subject to ERISA to pay part of a participant’s benefits to his 1 divorced spouse. I. FACTUAL AND PR...
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MEMORANDUM OF DECISION This is an action challenging the constitutionality of Section 311(a) of the Consolidated Farmers Home Administration Act of 1961 [7 U.S.C. § 1941(a)], which specifically limits the class of persons eligible for farm operating loans under the Act to United States citizens. The action is presently before the court on the defendants’ motion for summary judgment upon an ag...
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AMENDED OPINION Defendants moved for dismissal of the indictment against them on the ground that James L. Duchnick and Richard D. Huffman, special assistants to the United States Attorney who appeared before the grand jury, were not properly authorized to do so under 28 U.S.C. § 515. The defendants contended that the letters from the Attorney General, which appointed these attorneys as special ass...
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ORDER This is an action for declaratory and injunctive relief brought by several nonprofit Georgia corporations 1 concerning the alleged unconstitutionality of the Bingo Nonprofit Licensing Act, Ga.L.1977, p. 1164 [hereinafter the “1977 Act”] as amended by House Bill No. 1267 [hereinafter the “1978 Amendment’"] signed by the Governor on March 9, 1978. Defendants are the state *420 and local...
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ORDER Plaintiff has instituted this action for herself and other similarly situated individuals in order to redress alleged racial discrimination in the defendant’s employment practices. Jurisdiction is invoked under 28 U.S.C. § 1343(4) and 42 U.S.C. § 2000e-5(f). Presently pending before the Court is plaintiff’s motion for a determination of class. The plaintiff is a black female formerly employ...
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MEMORANDUM OPINION At issue in this complex antitrust litigation are a multitude of motions to disqualify counsel, on the grounds that the present litigation posture of two law firms creates a conflict of interest with their prior representation of several of the corporate defendants in earlier legal settings. The disqualification issues pose sensitive and difficult problems of legal ethi...
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MEMORANDUM OPINION Plaintiff, a 69 year old employee of the Federal Home Loan Bank, is suing individual officers of the Bank under the Age Discrimination in Employment Act (“ADEA”) and the Fifth Amendment for discriminatorily denying him promotional and educational opportunities based solely on his age. As relief, plaintiff seeks an injunction against all future discrimination and $75,-00...
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MEMORANDUM OPINION AND ORDER The defendant herein was charged with violations of the bribery statute, 18 U.S.C. § 201, in a four-count Indictment returned and filed on November 15, 1977. Specifically, defendant is alleged to have paid $200.00 on four separate occasions (viz., November 24, December 3, December 10, and December 17,1976) to a U. S. Veterinarian-Inspector for the purpose of influen...
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OPINION Plaintiff alleges a violation of § 16(b) of the 1934 Securities Exchange Act, 15 U.S.C. § 78p(b). This section, aimed at curbing certain forms of corporate insider abuse of non-public information, requires that insiders disgorge to the corporation any profits realized within a period of six months on any purchase and sale of the corporation’s stock. 1 Before the court a...
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MEMORANDUM The Court has before it a motion to disqualify plaintiffs’ counsel on the grounds that continued representation by it of Norman Norell, Inc. and Marlin Enterprises Ltd. (hereinafter referred to as “Norell”) would violate Disciplinary Rules (“DR”) 5-101(B) and 5-102(A) of the Code of Professional Responsibility. The text of the rules is set out in the margin; 1 in bri...
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ORDER Jurisdiction in this action, for personal injury, is founded upon 28 U.S.C. § 1332. Plaintiff’s complaint states that he received injuries from defendant’s tortious acts on August 22, 1975. Complaint was filed August 19, 1977, three days before the action would have been barred by the Oklahoma statute of limitations. Defendant was served with process on December 1, 1977. Defendant’s...
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OPINION In our opinion and order of December 28, 1976, 425 F.Supp. 593, we denied the motions of defendants Baker, Bevan, Caldwell and Ray to dismiss and for summary judgment on the claims of the Securities and Exchange Commission for injunctive relief and disgorgement based on alleged violations of the federal securities laws. We now decide that the motions to dismiss, motions for summar...
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MEMORANDUM AND ORDER This cause comes before the court on cross motions for summary judgment. 1 For the purpose of these motions certain facts apparently are undisputed. Plaintiff’s airplane was to land at the Annette Island Airport to receive fuel from Annette Aviation. Upon attempting to land the aircraft hit a snow berm and was damaged. Plaintiff is an Oklahoma corporation a...
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*691 MEMORANDUM OF DECISION Petitioner, currently incarcerated at the Federal Correctional Institution, Danbury, claims that as a parolee convicted and imprisoned for a crime committed while on parole, he is entitled to a prompt parole revocation hearing because the sentencing court directed that the new sentence was to run concurrently with any term of imprisonment that petitioner might serv...
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OPINION This case is pending before the Court after a consolidated hearing on plaintiff’s motion for a preliminary injunction and the merits of the case itself. Fed.R.Civ.P. 65(a)(2). Pursuant to Fed.R.Civ.P. 23(a) and (b)(2), the case was certified as a class action on April 3rd, 1978. The case is brought under 42 U.S.C. § 1983 to enforce a constitutional right guaranteed by the Fourteent...
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MEMORANDUM AND ORDER This cause is before the court on its own motion that petitioner show cause why his amended Section 2255 motion should not be dismissed. The cause is also before the court on petitioner’s Rule 35 motion to modify his sentence. For the reasons hereinafter stated, petitioner’s amended Section 2255 motion is dismissed, and his Rule 35 motion to modify his sentence is den...
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MEMORANDUM OPINION Plaintiffs, the Sierra Club and six individual members thereof, bring this action for declaratory and injunctive relief against the Secretary, United States Department of Agriculture (USDA), the Assistant Secretary for Conservation, Research and Education of USD A, the Administrator, Soil Conservation Service (SCS), the Deputy Administrator for Programs, SCS, Assistant ...
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OPINION After a bench trial, advanced and consolidated with the hearing on plaintiff’s application for a preliminary injunction, the Court declares unconstitutional New York City Health Code § 13.21(h) [“the regulation”] and enjoins defendants from enforcing the ban on advertising by clinical laboratories contained in that regulation. 1 Jurisdiction is based upon the Civil Ri...
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By order of this court dated March 27, 1978, defendant was directed to comply with the provisions for reciprocal, discovery contained in Fed.R.Crim.P. 16(b)(1)(A). By letter of April 10, 1978, defendant’s counsel advised the government that it was “not yet in a position to make key trial strategy decisions, including whether or not the defendant will testify.” Attached to counsel’s letter was a...
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Plaintiff seeks to recover damages for the loss of her jewelry after it had been entrusted for safekeeping to the hotel at which she had been a guest. This court has jurisdiction by reason of the diversity of citizenship of the parties. Pretrial memoranda filed in this action disclosed a conflict between the parties on a point of law crucial to both the prosecution and defense of this action. Acco...
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OPINION Presently before the Court in the above-entitled action are plaintiff’s motions for New Trial and Judgment N.O.V. These *665motions follow a jury verdict submitted on special interrogatories, finding no liability in a products liability case. The jury found that the product was not “unreasonably dangerous” and judgment on the verdict was entered for defendant Daylin, Inc. Plaintiff’s actio...
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OPINION In prior proceedings we have determined that the defendant discriminated against women technical employees in its claims department in hiring and promotional opportunities. 1 We now consider whether the pay differential between the positions of Claims Adjuster (CA) and Claims Representative (CR) amounts to sex discrimination under Title VII of the Civil Rights Act of 19...
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MEMORANDUM AND ORDER On December 29, 1977, we filed an order granting defendant’s motion for partial summary judgment on Count III of plaintiff’s complaint (alleging trade libel) and Count II of defendant’s counterclaim (plaintiff’s obligation to pay for paint delivered to plaintiff by defendant). We denied the remainder of the parties’ motions for summary judgment on the complaint and the counte...
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MEMORANDUM This is an appeal of a dismissal by an administrative law judge for failure to show “good cause” to file an untimely request for a hearing following a denial of claimant’s application for disability benefits under Title II of the Social Security Act. The hearing request was filed almost three years after the denial of her claim and requested leave to file alleging hospitalization and il...
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MEMORANDUM Pursuant to orders of the court, the attorneys for all parties appeared in open court on the 30th day of March, 1978 for the purpose of presenting evidence and argument on the complaint of the plaintiff, the motion for summary judgment filed by the defendants, and the motions to strike by the plaintiff and defendants. The court has now considered the pleadings and argument of c...
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ORDER Defendants have moved to dismiss this suit, which makes various allegations concerning the constitutionality of the national motto “In God We Trust” and, specifically, the use of that motto on national coin and currency. Plaintiffs have first alleged that 36 U.S.C. § 186, the statute making “In God We Trust” the national motto, is unconstitutional in that it violates the free exercise and...
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DECISION AND ORDER This action arises under the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq. The plaintiff Heinz M. Schlicke alleges that he was discriminated against in the terms and conditions of his employment and that he was terminated from employment with the defendant Allen-Bradley Company because of his age in violation of the ADEA. He sets forth two cla...
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DECISION AND ORDER The applicant United States Equal Employment Opportunity Commission (“EEOC”), has brought this action to enforce a subpoena duces tecum, issued to the respondent General Electric Company, Medical Systems Division (“GE”), on September 3, 1975, for the case of Elmore Marks, Jr. v. General Electric Company Medical Systems Division, TMK 5-0994, to produce certain evidence, pursuant ...
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*808 FINDINGS AND OPINION This is an interpleader action brought by Prudential Insurance Company of America to determine contesting claims to the proceeds of a life insurance policy. The policy was issued in 1962 on the life of William E. Bannister. At the time of the insured’s death, his sister Mary Lou Ahlin was the named beneficiary endorsed on the policy, and his wife Judith A. Bannister ...
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MEMORANDUM OPINION AND ORDER The parties are before the court on defendants’ motion for partial judgment on the pleadings pursuant to Rule 12(c) or for partial summary judgment pursuant to Rule 56 on federal claims arising under the Civil Rights Act. Defendants maintain the complaint fails to state a claim upon which relief can be granted: (1) under 42 U.S.C. § 1983 because it fails to es...
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MEMORANDUM DECISION Luigi Gelfuso petitions this Court for a Writ of Habeas Corpus. After submission of the petition, the Court ordered the Government to file a response and allowed the petitioner to file a traverse to the response. Now, the Court, having read all the pleadings, heard the arguments of counsel and the testimony submitted by both the petitioner and the respondent, including the test...
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MEMORANDUM Plaintiff Marion Barry is an at-large member of the Council of the District of Columbia seeking election in the fall as Mayor. Together with eight of his supporters, each a registered voter in one of the District’s eight wards, he sues for a declaration and injunction voiding § 15(b) of the District of Columbia Election Act, as amended, D.C.Code § l-1115(b) (Supp. IV 1977), on the gr...
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MEMORANDUM This matter comes before the court on the federal defendants’ notice of proposed deviation from this court’s Final Judgment on June 18, 1975. That judgment established a schedule pursuant to which the Bureau of Land Management (BLM) of the Department of Interior was required to prepare environmental impact statements (EIS’s) under the National Environmental Policy Act of 1969 (NEPA),...
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*498 MEMORANDUM OF DECISION In this pro se action Alan Roy Hollander, a white male, alleges that because of his race Sears, Roebuck & Co. excluded him from consideration for a position in its Summer Internship Program for Minority Students. In an earlier ruling on defendant’s Motion to Dismiss, it was held that 42 U.S.C. § 1981 provided a cause of action for the plaintiff who all...
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MEMORANDUM OF DECISION This is a habeas corpus proceeding pursuant to 28 U.S.C. § 2254, wherein petitioner Earl Gunsby, a state prisoner, alleges a violation of his fifth amendment right to be free from self-incrimination and seeks release from his conviction. The United States Magistrate of this Court submitted a report recommending that the Court grant the petitioner’s writ of habeas corpus. Thi...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This cause was before the Court for a non-jury trial on the Plaintiff’s (Randolph) allegations that he was discharged from his employment with the Defendant, United States Elevator Corporation (U.S. Elevator) due to his race, in violation of 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. ...
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Memorandum This petition for a writ of habeas corpus, and respondents’ motion to dismiss, require the court to determine whether United States ex rel. Baker v. Finkbeiner, 551 F.2d 180, a 1977 ruling by the Seventh Circuit Court of Appeals, is a decision that has retroactive application. The issue presented is whether Baker declared a new rule of law or merely followed legal principles which were...
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MEMORANDUM AND ORDER Plaintiffs bring this action under 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201-02, and seek to have the Kansas City, Kansas solicitation licensing law, Kansas City Code § 41-32 et seq., declared unconstitutional and its enforcement enjoined. Plaintiffs are members of The Holy Spirit Association for the Unification of World Christianity (“Unification Church”). The defendants ar...
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The United States and W. Donald Bell, a Special Agent of the Internal Revenue Ser *474 vice (sometimes referred to as IRS) have filed a Petition under Section 7402(b) and 7604(a) of the Internal Revenue Code of 1954 to enforce an Internal Revenue Service summons served on October 27,1977 on the respondent, Exxon Company, U.S.A. (Exxon) which maintains offices in Maryland. The summo...
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■ MEMORANDUM This civil rights action, which seeks both monetary damages and injunctive relief, is brought under 42 U.S.C.A. §§ 1983, 1985, and the equal protection clause of the Fourteenth Amendment of the United States Constitution. Jurisdiction is invoked under 28 U.S.C.A. §§ 1331 and 1343, 1 and the amount-in-controversy, exclusive of interest and costs, allegedly exceeds $...
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FINAL JUDGMENT AND ORDERS DENYING DEFENDANT’S MOTIONS FOR JUDGMENT NOTWITHSTANDING THE VERDICT AND, IN THE ALTERNATIVE, FOR A NEW TRIAL, RETROACTIVELY REINSTATING PLAINTIFF THROUGH AUGUST 1, 1975, AND AWARDING ATTORNEYS’ FEES Senior District Judge. Introduction In August 1976, before the jury trial in this action, it was concluded in a pretrial *508 ruling that ...
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MEMORANDUM AND ORDER Plaintiffs have moved for an order remanding this action to the Suffolk County Supreme Court (and for costs and disbursements, including reasonable counsel fees for the cost of the improper removal of this action) or, in the alternative, for an order granting plaintiffs’ leave to amend their complaint to name the President and Treasurer as parties to act on behalf of the defe...
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MEMORANDUM AND ORDER Plaintiff in this diversity action seeks a declaratory judgment that its guarantees of two multi-million dollar loans are null and void and rescission of the guarantees and of the underlying loan agreements. The party which financed the loans and several Canadian and American banks which purchased interests in the promissory notes issued in connection therewith assert...
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MEMORANDUM OPINION The Fort Bend Independent School District (FBISD), the president of the Board of Trustees of FBISD, and other residents and parents of students in FBISD, have brought this action pursuant to 42 U.S.C. § 1983 and the fourteenth amendment seeking to permanently enjoin the City of Stafford from operating a municipal school district within the present boundaries of FBISD. On Decembe...
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MEMORANDUM AND ORDER I This is an action for award of attorney’s fees under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. resulting from the successful resolution at the administrative level of a complaint of discrimination. On March 25, 1977, plaintiff, a black employee of the Department of the Navy filed a formal administrative complaint with defendant alleging ra...
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MEMORANDUM DECISION This is an appeal from an order entered by the bankruptcy judge dismissing this case for lack of jurisdiction. The appeal is styled as one by William Charles Mayo, individually and as trustee. However, the proceedings were brought only by Mayo, as trustee, seeking Chapter XII relief for the debtor trust only. The notice of appeal also was filed by Mayo, as,trustee, onl...
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concurring. Although I concur in the merits of the foregoing decision, I feel it appropriate to add a few comments of my own, particularly since I dissented in the decision by this same three-judge court on August 18, 1975. A review of the evidence, taken both at the hearing on September 28, 1977 and in the agreed record when we entered our decision of August 18, 1975, convinces me *713that the pl...
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*47MEMORANDUM This matter is before the Court on the motion of defendant for summary judgment. For the following reasons, defendant’s motion will be sustained. On August 8, 1972, plaintiff filed an application for employment as a bus driver with defendant. On June 25, 1973, defendant’s supervisor of employment, Bennie Campbell, a black, notified the plaintiff he would not be hired because of a co...
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452 F.Supp. 32 (1978) The FIRST FEDERAL SAVINGS AND LOAN ASS'N, etc., Plaintiff, v. UNITED STATES of America, Defendant. Civ. A. No. C77-496. United States District Court, N. D. Ohio, E. D. April 13, 1978. *33 Charles F. Ipavec, Richard R. Gygli, LaPorte, Ipavec & Gygli, Cleveland, Ohio, for plaintiff. James C. Lynch, Asst. U. S. Atty., Cleveland, Ohio, Robert T. Carney, Trial Atty., Tax Div....
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MEMORANDUM AND ORDER On December 22, 1977, the defendants allegedly were seen digging within Indian ruins located on the Tonto National Forest. They were arrested by Forest Service officers, and charged with the theft and destruction of Indian relics. Count One of the indictment alleges that the defendants stole government property valued in excess of' $100.00. 18 U.S.C. § 641. The government p...
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OPINION There is before the court a motion for summary judgment filed by defendant on March 8, 1978 in which it is alleged: “That the pleadings herein, together with exhibits attached thereto, plaintiff’s answers to the request for admissions of *356fact, and the affidavit of the employer of the defendants responsible for conversion of group-life insurance policies, all show that there is no genu...
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MEMORANDUM OF OPINION Defendants’ motions to dismiss require the Court to decide whether plaintiff’s im *1339 plied cause of action for damages under the Constitution is barred by the applicable statute of limitations. I. FACTUAL AND PROCEDURAL BACKGROUND The factual and procedural background of this action is described in detail in the Court’s earlier Memor...
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OPINION This case highlights the difficulties which occur when a plaintiff who is unhappy with the result obtained in one court attempts to proceed under a different theory of the case in a second court. Specifically, the issue is whether a prior determination by another district court regarding the availability of nationwide service of process under 28 U.S.C. § 1391(e) is binding upon th...
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OPINION Plaintiffs are residents of the City of Haverhill. 1 They seek injunctive relief barring defendant Whittier Vocational Regional School District (District), of which Haverhill is a constituent member, from continuing to select its Vocational District School Committee (Committee) in the manner dictated by Mass.Stat.1969, ch. 381, 2 contend *38 ing ...
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OPINION A motion for summary judgment against the claimants has been granted in this federal tort claims case. This opinion states the reasons. A claim on Form 95 was filed with the Department of the Air Force stating that the defendant negligently had exposed the plaintiffs to radiation emanating from the United States Air Force Weapons Laboratory near Cascade, Montana. The claim, filed in N...
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OPINION A three-judge court has been convened to determine the validity of a regulation of *1239the Nevada Real Estate Advisory Commission requiring franchised brokers to display their names as prominently as their franchisors’ in all advertisements. We sustain the regulation against the plaintiffs’ constitutional attack. This holding rests on negative answers to the following principal questions...
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MEMORANDUM OPINION AND ORDER This petition to compel arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1, 4, draws the parties into a second round of litigation preliminary to the resolution of commercial disputes by arbitrators. Arbitration agreements are intended to avoid litigation, not breed it. That salutary purpose is not always achieved. The present petition is ...
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MEMORANDUM OPINION AND ORDER On June 3, 1974, nine named students of the Youngstown, Ohio public school system and their parents initiated this action, pursuant to 42 U.S.C. §§ 1981, 1983-1988, and 2000d, to redress the alleged deprivation under color of law of rights guaranteed by the Thirteenth and Fourteenth Amendments to the United States Constitution. 1 Plaintiffs named as...
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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 Oklahoma County, State of Oklahoma, in case No. 34,358. Therein, petitioner was charged with the crime of Robbery With Firearms After Former Conviction of a Felony. H...
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OPINION • Eli Raitport filed the complaint in this action pro se, seeking both damages and injunctive relief under the 1871 Civil Rights Act, 42 U.S.C. §§ 1983, 1985 (1970), and under sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2 (1976). The defendants— Provident National Bank and its counsel, various state and local government officials, several private individuals, and a local ...
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MEMORANDUM Plaintiffs brought this action to enjoin the defendants from funding, constructing or in any way proceeding with the construction of the Center City Commuter Rail Connection (“tunnel”) connecting the existing Penn Central Suburban Station with a new underground station to be constructed between 10th, 12th, Market and Filbert Streets in Philadelphia, Pennsylvania. In an Opinion filed ...
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MEMORANDUM On June 21, 1976, defendants Neil Byrne and Daniel Cahalane were convicted by a jury of conspiracy and aiding and abetting the exportation of weapons without a license in violation of 18 U.S.C. § 371 and 22 U.S.C. § 1934. After hearing argument on their post-trial motions, the Court entered judgment of acquittal on the aiding and abetting counts. Our entry of judgment of acquittal on...
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MEMORANDUM Defendant Mike Nelson, was one of twelve defendants indicted for conspiracy to import marijuana into the United States from Colombia, see 21 U.S.C. § 963, and aiding and abetting its importation. See 21 U.S.C. §§ 952(a) & 960; 18. U.S.C. § 2. Nine of the defendants entered pleas of guilty to the conspiracy count and, as a result of a plea agreement, the government di...
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MEMORANDUM OPINION Defendant Harry Schreiber is charged in a seven count indictment with violations of 18 U.S.C. § 1001 1 in connection with the submission of false or fraudulent statements or representations to the Interstate Commerce Commission involving applications for emergency temporary authority and temporary authority. He waived jury trial. The trial occupied all or part of eight ca...
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ORDER This suit was brought pursuant to the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq., to recover the penalty established by § 1640. On August 19, 1976, plaintiff purchased a used car from defendant Auto Associates, Inc., and financed part of the purchase price. Iri connection with this loan, this defendant completed a loan form entitled “Installment Contract and Security Agreement”...
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ORDER For decision here is the motion of the defendant, Michael Allen Babb, for an order suppressing a statement made November 2, 1977. For reasons set forth herein, defendant’s motion is denied. STATEMENT OF FACTS Defendant was indicted on November 8, 1977, in a one-count indictment charging him with armed bank robbery in violation of Title 18, United States Code, Section 2113(a) and (d). The all...
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MEMORANDUM OPINION In this civil rights and antitrust action, 1 plaintiffs, former professors of medicine at the University of Tennessee Center for the Health Sciences (UTCHS), challenge their dismissals from their teaching and administrative posts. Drs. Gross and Grant were both full-time, tenured faculty members. In addition, Dr. Gross was Chairman of the Department of Otolar...
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MEMORANDUM OPINION Plaintiff, Ray Bellamy, brought this action against the United States under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., to recover damages for personal injuries sustained on May 2, 1973, when plaintiff slipped and fell while entering a step van furnished by National Aeronautics and Space Administration (NASA) and maintained by the General Services Administration (...
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MEMORANDUM OF OPINION Pursuant to Rule 23(c)(1) of the Federal Rules of Civil Procedure, plaintiffs have moved for a determination that these consolidated employment discrimination suits may be maintained as a class action. At the same time, defendant Safeway Stores, Inc. (“Safeway”), has moved for summary judgment against plaintiff Steven Smith in Traylor v. Safeway, No. C-74-2575-CBR. Argument ...
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RULING ON MOTION TO RECONSIDER The petitioner, formerly an inmate at F.C.I., Danbury, commenced this habeas *338 corpus action in August of 1977. The factual background of this case is fully set out in my prior ruling, 442 F.Supp. 387, and may be briefly summarized here. Petitioner was mandatorily released “as if on parole” pursuant to 18 U.S.C. § 4164 from a federal sentence on October 15, 1...
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ORDER DENYING MOTION TO COMPEL TESTIMONY Application was made to this Court under 28 U.S.C. Sec. 1782 by the Regional Court, 9th Criminal Division, Mannheim, Federal Republic of Germany (West Germany) through the United States Attorney for the Southern District of Florida, to appoint a commissioner, pursuant to Letters Rogatory issued by the above-named Court, for the purpose of requiring the a...
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MEMORANDUM This suit involves the construction of a power plant at New Madrid, Missouri. Defendant Federated Electric Cooperative, Inc. (Federated) initiated the project and employed defendant Blount Brothers Corporation (Blount) as the general contractor. Defendant Burns & McDonnell Engineering Company (Burns) was employed to prepare plans and specifications. Federated later merged with Associat...
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MEMORANDUM AND ORDER The plaintiffs are all former employees of various programs sponsored by the Crow Tribe. They filed this suit seeking “a Writ of Mandate 1 . . . requiring defendants to reinstate plaintiffs to their positions of employment with the Crow Tribe of Indians; requiring defendants to promptly pay plaintiffs all compensation due them under their contracts during their period of ...
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MEMORANDUM International Business Machines Corporation [hereinafter IBM], defendant in this civil antitrust case, has moved this court for an order granting a mistrial or, in the alternative, a continuance of the trial in the above-captioned matter. IBM’s argument in support of its motion can be concisely set forth in syllogistic form. First, IBM argues that a last minute shift in an antitrust pla...
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Memorandum of Decision and Order Plaintiff is the sole proprietor of Queens Artificial Kidney Center (“Queens”), a medical facility which provides maintenance dialysis to outpatients who suffer from chronic renal disease. This service is reimbursable under Part B of the Health Insurance for the Aged Act, commonly known as the Medicare program. 42 U.S.C. §§ 1395 et seq. Plaintif...
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MEMORANDUM AND ORDER Defendants Security Peoples Trust Company and Sky Brothers Company have moved for reconsideration of our partial summary judgment order of August 10, 1977, and, for leave to enlarge the record. We did not discuss the applicability of § 2-326 of the Pennsylvania Uniform Commercial Code because it was not advanced in Defendant’s Supplemental Brief or in the final oral argument ...
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MEMORANDUM ORDER The motions of Defendants Brant and Levrio for suppression of evidence with respect to the non-jury trial on the severed firearms charges were denied orally at the time sentence was imposed on Defendant Brant on March 22,1978. In order to articulate the rulings of the Court on the suppression issue and on the issue of the criminal responsibility of Brant for Levrio’s illegal po...
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OPINION Having already granted summary judgment in favor of Plaintiff General Electric Credit Corporation (GECC) on its complaint, this court must now consider a motion for summary judgment on the counterclaim filed by Defendant Cambria Savings and Loan Association (Cambria). The parties are in agreement on ail the material facts; hence, summary judgment is also appropriate on this portion of the...
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MEMORANDUM AND ORDER GRANTING PARTIAL SUMMARY JUDGMENT This is an action by Veteo Offshore Industries (“Veteo”) charging defendant The Rucker Company (“Rucker”) with infringement of the United States Patents Nos. 3,714,995 and Re. (reissue patent) 28,281 covering a drill string motion compensator useful in offshore drilling. Veteo Offshore, Inc., Vetco’s exclusive licensee of the patents ...
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*334MEMORANDUM OF DECISION This is a petition for a writ of habeas corpus by Melvin Long, a state prisoner who is serving a sentence of seven to ten years. After a jury trial, petitioner was found guilty of selling narcotics in violation of Section 19-480(a) of Conn.Gen.Stat.Ann. His claim is that it was an unconstitutional denial of due process for the trial judge to refuse to give the following...
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OPINION Should this case be resolved in the District of Delaware or rather in the nation of Ecuador? After resolving lesser questions and reducing to the nub the sea of papers and rhetoric directed at the Court, that is the essential question that must be confronted in the matter now at bar. Plaintiff is a Canadian corporation maintaining offices in Toronto, Canada and New York City and trading i...
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ORDER OF COURT The defendant in this criminal case has been charged with violations of 18 U.S.C. § 834 in that it allegedly failed to report to the Interstate Commerce Commission (ICC) the unintentional release of hazardous materials from one of its trucks, failed to place a required placard on a trailer which was transporting hazardous materials, and transported a Class B poison on the same trail...
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MEMORANDUM OPINION Canadian Ace Brewing Co. (Canadian Ace), a dissolved Illinois corporation which had been engaged in brewing and distributing malt beverages, brings this action against Anheuser-Busch, Inc. pursuant to Section 4 of the Clayton Act, 15 U.S.C. § 15, alleging that defendant has engaged in monopolization, price fixing and price discrimination in the malt beverage industry. B...
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MEMORANDUM AND ORDERS GRANTING DEFENDANT’S MOTION TO DISMISS COUNTS I AND II AND DENYING DEFENDANT’S MOTION TO SUPPRESS PHYSICAL EVIDENCE I. This criminal prosecution under 18 U.S.C. App. § 1202(a)(1) and 26 U.S.C. §§ 5861(d) and 5861(i) pends on four motions filed by defendant: (1) defendant’s February 27, 1978, motion to suppress physical evidence; (2) defendant’s March 23, 1978 motion to d...
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MEMORANDUM AND ORDER Plaintiff Emma Lambus applied for food stamps under the federal-state food stamp program on December 17, 1975, and was approved for food stamps on January 19, 1976. On February 18, 1976, plaintiff appealed the rate of issuance of her food stamps and a hearing was held on March 24, 1976. On April 20, 1976, sixty-two days following her request for a hearing, plaintiff received a...
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MEMORANDUM AND ORDER This case arose out of a fair housing complaint filed with the Secretary of Housing and Urban Development (“HUD”) by two airmen stationed at Logan Field near Billings, Montana, alleging that they were denied housing in an apartment owned by the defendants on the basis of race. After investigating the complaint, HUD determined to resolve the matter through its informal conci...
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*277 OPINION AND ORDER Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, JOSEPH S. LORD, III * , STANLEY A. WEIGEL, ANDREW A. CAFFREY * , and ROY W. HARPER, Judges of the Panel. This litigation consists of three actions pending in three federal districts — one each in the Northern District of Illinois, the Southern District of Ne...
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MEMORANDUM-DECISION Plaintiffs are low income tenants in Harrison House and Townsend Tower, which are federally assisted housing projects under § 236 of the National Housing Act. 12 U.S.C. § 1715z-l. Plaintiffs seek to compel the Secretary of the United States Department of Housing and Urban Development (“HUD”) to implement the operating subsidy program under § 212 of the Housing and...
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OPINION AND ORDER This cause came to be heard upon motion of plaintiff for summary judgment. Rule 56, Fed.R.Civ.P. Defendant has not responded to the motion, although a pre-trial memorandum essentially sets forth the position of the defendant. The parties have supplied the Court with stipulations of fact, and the affidavit of plaintiff, which together provide the basis necessary for the C...
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OPINION I. INTRODUCTION This case presents the issue of the extent of gas company’s duty to protect its under *757 ground gas mains from corrosion and to inspect its mains periodically to insure that the mains continue to be protected adequately. On December 18,1973, natural gas seeped into the drive-in branch of the Marine Bank located on West 38th Street between L...
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MEMORANDUM AND ORDER Plaintiff Melvin Coles brings this action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., as amended by the Equal Employment Opportunity Act of 1972, alleging employment discrimination by the Defense Mapping. Agency. Plaintiff alleges a pattern and practice of discrimination by defendants beginning in 1955 and continuing to the present in fai...
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OPINION The controversy in this case arises over the decision of the defendant Wilmington Medical Center to relocate the major tertiary care components of its existing inner-city hospital system to an outlying suburban location. The plaintiffs, 1 five organizations and six individuals representing minority and handicapped persons residing primarily in the City of Wilmington, ...
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This case presents two questions: First, whether the disclosure statement reflecting the sale of a boat, motor and trailer violated the Truth in Lending Act (TIL) requirements by listing $391.35 as a “Cash Down Payment”, rather than adding it to the “Amount Financed”, and Second, whether this court has jurisdiction over the vendor’s counterclaim for balance due as purchase price. ...
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• ORDER Before the Court is Defendant’s motion to dismiss. Plaintiff, executor of the estate of Gary Semmelroth, deceased, has filed this action for wrongful death pursuant to Ill.Rev. Stat., ch. 70 and ch. 68, §■ 15. The plaintiff alleges that the decedent was a travel agent employed by the Dixon Travel Agency in Belleville, Illinois. She alleges that his position concerned the prom...
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MEMORANDUM AND ORDER This class' action to recover damages from the defendant Whittaker Corporation was originally commenced on September 3, 1974, by the Independent Investors Protective League (“IIPL”), an unincorporated membership association, for alleged violations by Whittaker of the securities laws, including § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and SEC...
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MEMORANDUM DECISION Plaintiff Norman Zeiler brings this action to recover principal and accrued interest on a series of 5% convertible subordinated debentures (the Debentures) which were issued to him by defendant Work Wear Corporation (Work Wear). Zeiler alleges that the occurrence of several specified events of default entitles him to accelerate Work Wear’s obligations under the provisi...
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MEMORANDUM This sex discrimination case, brought under Title VII of the Civil Rights Act of 1964, was tried before the Court, sitting without a jury, from February 27 to March 2, 1978. Closing arguments were heard on March 7, 1978. The parties filed with the Court proposed findings of fact and conclusions of law, and the matter is now ready for decision. The plaintiff, Biruta Cap, Ph...
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*727FINDINGS OF FACT AND CONCLUSIONS OF LAW This suit was filed by Jane Ruth Skinner against Union Planters National Bank (Union Planters) as trustee, alleging fraud, imprudence and breach of trust in the management of trust assets. The complaint seeks a judgment for income for her as life beneficiary which allegedly should have been earned and distributed, a restoration of trust corpus and remov...
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The issue presently before the court is whether Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d to 2000d-4, provides plaintiff with a private cause of action for general and punitive damages in the present employment discrimination action. On July 12,1977, the court entered an order dealing with the motions filed up to that time pertaining to the six causes of action contained in plai...
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MEMORANDUM The above styled action filed 19 August 1977 is a personal injury action seeking damages in the amount of $12,000. On 30 November 1977 counsel submitted to the Court a sketch for an order reciting that the controversy had been compromised and settled and directing that the action be dismissed with prejudice to plaintiff. Counsel, however, had overlooked the fact that this diversity acti...
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OPINION AND ORDER Plaintiff, Federal Insurance Company (hereinafter, “Federal”), a corporation which is incorporated under the laws of the State of New Jersey and has its principal place of business in the State of New York, brings this diversity action against the following defendants: Nationwide Mutual Insurance Company (hereinafter “Nationwide”), a corporation which is incorporated and...
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OPINION This case poses the important question whether a person performing the duties of a longshoreman, after passage of the 1972 Amendments to the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq. (“LHWCA”), may maintain a negligence action against his employer (who also happens to be the vessel owner) to recover damages for injuries incurred during...
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OPINION On May 21, 1973, this court entered a final order certifying, for purposes of settlement only, the plaintiff class and approving the settlement in McCubbrey v. Boise Cascade Home & Land Corporation, No. C-72-0470 RFP. The instant class action was filed on May 6,1977, by Michael Valerio and Yung Hao Chang, who were members of the McCubbrey class and participants in that settlement. Now, ho...
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ORDER This is an appeal by the trustee in bankruptcy, Jerome Robertson, from a decision by Bankruptcy Judge Moore that the bankrupts, Mr. and Mrs. Swenor, are entitled to a $30,000 homestead exemption rather than the $20,000 exemption allowed by the trustee. The dispute as to the proper amount of the exemption centers around section 1260 of the California Civil Code. In 1970, the sta...
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OPINION This action under the First, Fourth and Ninth Amendments to the Constitution and Title 18, U.S.C. §§ 2511 and 2520 seeks declaratory and injunctive relief and money damages for defendants’ allegedly illegal wiretapping of plaintiffs’ home telephone. Plaintiffs are Hedrick Smith, a former diplomatic correspondent for the New York Times, his wife, Ann B. Smith, and their three minor...
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Howell-Kessler Co., a partnership which has filed for a real property arrangement under Chapter XII of the Bankruptcy Act, appeals from an order of the Bankruptcy Court holding that certain property to which Howell-Kessler claims equitable ownership is not within the court’s jurisdiction under Chapter XII. The appeal is denied. Chapter XII applies to any person “other than a corporation” who is...
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OPINION This is a motion under 28 U.S.C. § 2255 to vacate a sentence on a conviction for substantive narcotic offenses on the ground that a conspiracy count barred by the Double Jeopardy Clause was improperly and prejudicially joined in the Indictment and tried with the substantive offenses on which petitioner was convicted. For the reasons shown below, the petition must be denied. Vincent Paeell...
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OPINION AND ORDER This matter is before the Court on defendant’s motion for summary judgment. Plaintiffs, Jo Ann and Paul Herring, brought this action against the United States under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., alleging that government doctors at Bethesda Naval Hospital in Maryland performed a tubal ligation in a negligent manner, which resulted in a later pregnanc...
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*717MEMORANDUM The United States Magistrate has filed a Report recommending that the above-captioned habeas corpus matter be denied for failure to exhaust administrative remedies. The Magistrate notes, at page 4 of his Report, that the administrative appeal process can, ideally, be exhausted in about two months’ time. Petitioner, however, alleges that he is entitled to mandatory release on May 9, ...
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MEMORANDUM OPINION, ORDER AND REMAND This is a removed, 28 U.S.C. § 1441(a), civil action in which the plaintiff is seeking to recover disability benefits under an employee-benefit plan. 29 U.S.C. § 1132(e)(1), (f). The parties filed cross-motions for summary judgment. Rules 56(a), (b), Federal Rules of Civil Procedure. A United States magistrate of this district recommended that each such mo...
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MEMORANDUM OPINION This is an action for declaratory and injunctive relief arising out of alleged viola *561 tion of fiduciary duties with regard to the administration of a welfare trust fund. The plaintiffs allege that by denying them certain benefits under the welfare trust fund the defendant violated the following statutes: 1) Section 302 of the Labor Management Relations ...
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OPINION In this action plaintiff Grand Bahama Petroleum Company (Grand Bahama), a Bahamian corporation, seeks to recover the value of fuel oil and other incidental services supplied to the Soviet flag vessel M/V KUIBSHEVGES, while allegedly under charter to defendants, citizens of Canada. (Defendant Munsen may also be a citizen of Norway). Jurisdiction is based upon Supplemental Rule B(l)...
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ORDER Plaintiff seeks summary judgment on this Farm Home Administration (FmHA) mortgage foreclosure action. Defendant mortgagors resist foreclosure, alleging plaintiff’s noncompliance with 42 U.S.C. § 1475 and 7 C.F.R. 1361.10 permitting moratorium relief to financially pressed borrowers. Congressional policy as to moratorium on federally assisted farm housing loans is set forth in 42 U.S.C. § ...
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DECISION AND ORDER MYRON L. GORDON, District Judge. The defendant has filed a motion for partial summary judgment dismissing those counts of the plaintiff’s complaint which depend upon the plaintiff’s ownership of the trademark “Lite” for its beer. The defendant’s motion also seeks an order directing the Commissioner of Patents and Trademarks to rectify the register by cancelling the ...
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OPINION AND ORDER This is a civil action based on an alleged violation of 42 U.S.C. § 1983. Jurisdiction is grounded on 28 U.S.C. § 1343. In this complaint, Nathaniel Ellis, now deceased, alleges that on July 3, 1970 at approximately 4:45 P.M., he was improperly subjected to arrest without cause, assaulted by the defendants and unjustly deprived of his liberty. Nathaniel Ellis died on Decembe...
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MEMORANDUM AND ORDER This personal injury action was brought by the plaintiff Dale Schuldies on a theory of negligence and of strict liability. The plaintiff, an injured factory worker, recovered a jury verdict against the defendant, Service Machine Co., Inc., a/k/a Rousselle Corporation, the manufacturer of the punch press. The jury found that the defendant, Service Machine, was 25 perce...
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MEMORANDUM AND ORDER Pursuant to 25 U.S.C. § 640d-7, the Hopi tribal chairman commenced an action in this district to determine the Hopi tribal rights and interests in the area described by the Act of June 14, 1934, 48 Stat. 960 (1934 Act). The 1934 Act describes the exterior boundaries of the Navajo Reservation in northeastern Arizona, and conveys an equitable interest in certain of thes...
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MEMORANDUM OPINION This is an action to review a resolution of the Federal Home Loan Bank Board permitting the defendant, First Federal Savings & Loan Association of Harrison (Harrison) to establish a branch facility in Benton ville, Arkansas. This Court has jurisdiction pursuant to 28 U.S.C. § 1331(a) and 12 U.S.C. § 1464(d)(1). The action was originally filed February 24, 1977, by ...
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This matter is before the court on IBM’s motion for a directed verdict. F.R.Civ.P. 50(a). In Chisholm Brothers Farm Equipment Co. v. International Harvester Co., 498 F.2d 1137, 1140 (9th Cir.), cert. denied, 419 U.S. 1023, 95 S.Ct. 500, 42 L.Ed.2d 298 (1974), the Ninth Circuit said: When considering the propriety of the grant or denial of a motion for directed verdict...
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*440 FINDINGS OF FACT AND CONCLUSIONS OF LAW RE GRANTING OF MOTION FOR PRELIMINARY INJUNCTION These relatively extended Findings and Conclusions, supplementing those in the preamble of the Preliminary Injunction itself, have been prepared by the Court as expeditiously as feasible under the somewhat unusual circumstances of the course of these proceedings from inception to the pre...
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MEMORANDUM OPINION AND ORDER FOR JUDGMENT Invoking the jurisdiction granted by 29 U.S.C. § 185 and 28 U.S.C. § 1337, the parties have, upon stipulated facts, respectively moved for a summary judgment declaring the validity or invalidity of a subcontracting provision of a collective bargaining agreement under federal antitrust laws. Plaintiff, Signatory Negotiating Committee (Committee), i...
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ORDER The Court has for consideration the motion of the State of Florida (“the State”) for intervention as of right, or alternatively for permissive intervention, pursuant to Rule 24, Fed.R.Civ.P. The State seeks intervention in essence to assert a cross-claim against plaintiff Florida Power Corporation, as well as to assert claims against present defendants herein and two additional defendants. T...
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MEMORANDUM AND ORDER The plaintiff, Donald E. Brink, a member of the International Brotherhood of Teamsters Local 311 and Joint Council 62, has initiated this action against Leo DaLesio, an officer of the locals, charging numerous violations of fiduciary obligations allegedly owed to the union and its members. Also named as defendants are Local 311 and Joint Council 62. All three defendan...
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OPINION AND ORDER Plaintiff, an attorney, was the subject of disciplinary proceedings brought by the Association of the Bar of the City of New York, which resulted in an order of the New York State Supreme Court, Appellate Division, First Department, suspending him from practice for three years, originally effective April 7, 1978, now extended until Monday, April 10. He commenced this act...
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*440MEMORANDUM SUR MOTION TO AMEND JUDGMENT The plaintiff, Miguel Perez, filed the above captioned lawsuit seeking damages for personal injuries sustained in connection with a carding machine manufactured by the defendant, Duesberg-Bosson Company of America (DB). The legal basis of the diversity complaint was that DB was strictly liable for the injuries sustained by Perez because the machine was ...
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ORDER DISMISSING ALL CLAIMS AS TO DEFENDANT WESTINGHOUSE This is a patent infringement action brought by plaintiff- Aleo Standard Corporation against the Tennessee Valley Authority and Westinghouse Electric Corporation. The cause is presently before the court on the motion of Westinghouse to dismiss the various claims asserted against it for failure to state a claim, improper venue, and l...
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MEMORANDUM Plaintiff Dominion Parking Corporation (hereinafter “Dominion”) is a Virginia corporation currently operating automobile parking lots in Virginia. Plaintiff Edward R. Woodward is a citizen of Virginia and is president and sole stockholder of Dominion. Defendant Baltimore and Ohio Railroad Company (hereinafter “B & 0”) is a Maryland corporation which formerly leased parking lots...
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MEMORANDUM Plaintiff, Joslyn N. Williams, is a leader of black employees of the Library of Congress. He brought this suit in 1972 charging that on August 11 of that year, the *1119 Library deprived him of his job as Senior Copyright Examiner, GS-12, for racially discriminatory reasons and for exercising his First Amendment right of free speech in challenging what he saw as em...
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ORDER This matter is before the court on defendant Hibbits’ resisted motion for judgment on the pleadings filed November 18, 1977. In addition the court will treat defendant Mackie’s pro se answer, which raises legal issues identical to those in Hibbits’ motion, as a motion for judgment on the pleadings. Granted. It is noted at the outset that in considering a motion for judgment on ...
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MEMORANDUM AND ORDER This matter came before the Court on a “Motion for Contempt” filed by defendant. In the motion, defendant requests a Court order citing plaintiff for contempt of court because of plaintiff’s alleged failure to comply with an order of Court which said in pertinent part “That the plaintiff reimburse the prevailing party in accordance with the terms of the stipulation fi...
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MEMORANDUM OPINION AND ORDER This is a ease involving sex discrimination in employment. Plaintiffs are 135 women who are or have been employed by the defendant in the job classification of Engineering Layout Clerk. Defendant, Michigan Bell Telephone Company, is a Michigan corporation with its principal office in Detroit. The defendant is alleged to have paid wages and given promotions inf...
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MEMORANDUM OPINION AND ORDER This is a civil action in which plaintiff challenges the procedures and practices of defendant in implementing the provisions of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA); as amended by Section 2 of Pub.L.No.92-516 (October 21, 1972) and by Section 12 of Pub.L.No.94-140 (November 28, 1975), 7 U.S.C. § 136 et seq. The First Amend...
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MEMORANDUM AND ORDER Plaintiff seeks to hold the defendant New York Telephone Company liable under 42 U.S.C. § 1983 for deprivation of First Amendment and due process rights in denying him a listing in the New York telephone directory under the heading *716“Montmartre Govt of”.1 Such a denial would be actionable under § 1983 only if defendant’s action could be characterized as that of the state. ...
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MEMORANDUM DECISION Plaintiff Edna Straus has commenced this action pursuant to § 11 of the Securities Act of 1933 (“Securities Act”), 15 U.S.C. § 77k, § 10(b) of the Securities Exchange Act of 1934, (“Exchange Act”), 15 U.S.C. § 78j(b), and principles of common law fraud. Jurisdiction is premised upon § 22(a) of the Securities Act, 15 U.S.C. § 77v, § 27 of the Exchange Act, 15 U.S.C. § 7...
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• This is an action under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185(a), and Section 10 of the Federal Arbitration Act, 9 U.S.C. § 10, to vacate a labor arbitrator’s opinion and award. Plaintiff, Western Electric Company, moves pursuant to F.R.Civ.P. Rule 56 for summary judgment vacating the award, and defendant, Communications Workers of America, AFL-CIO (“CWA”), cross-...
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MEMORANDUM AND ORDER Plaintiff Arthur Wells filed this complaint charging General Electric (GE) with practicing racial discrimination in its employment practices with respect to black *434management level employees in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. In plaintiff’s motion for class designation, he proposes that he represent a class consisting of: ...
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OPINION Defendant Samuel T. Waite was convicted on three counts of violating 18 U.S.C. § 2423 by persuading or inducing a 15-year-old girl to travel from Pittsburgh, Pennsylvania, to Las Vegas, Nevada, and to Rochester and Albany, New York, with the intent that she be induced to engage in prostitution. He was sentenced to three years in prison, and the conviction was affirmed on appeal.1 Through h...
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OPINION The parties are Plaintiff, as Lessee of an expensive piece of diagnostic medical equipment, and Defendants, as Lessors. The equipment was destroyed in a fire. Plaintiff demands that Defendants replace the equipment and Defendants have declared the lease terminated. Count I of the Complaint is based on a contractual cause of action. Count II asserts a cause of action in negligence for th...
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*713 JUDGMENT DENYING PETITION FOR HABEAS CORPUS Petitioner, Gerald E. Stoller, was convicted, after a jury trial of distribution of a controlled substance, conspiracy to distribute and conspiracy to import controlled substances. 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), 841(b)(1)(B), 846, 963 and 18 U.S.C. § 2. On March 7, 1975, petitioner was sentenced to 10 years in the custody of the Attorn...
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MEMORANDUM The plaintiffs in this proceeding have filed a motion for attorneys’ fees and costs under the Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C. § 1988. For the reasons set forth below, the Court finds that plaintiffs are entitled to a reasonable award. I. Background In 1971, Carnell Russ, a black, was fatally shot by a white Arkansas law officer while...
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MEMORANDUM OPINION This is a derivative action brought by one minority shareholder, Murray Cohen, against Sears, Roebuck and Co. (Sears) and several of its directors and former directors. Plaintiff attacks part of the administration of Sears’ 1967 and 1972 stock option plans. Plaintiff contends that defendants breached common law duties and violated § 14(a) and § 10(b) of the Securities E...
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OPINION This case was brought by William McAlpine and eleven other individuals (hereinafter referred to as “plaintiffs”) against AAMCO Automatic Transmissions, Incorporated, a Pennsylvania Corporation and the largest franchisor of transmission repair shops in the United States (hereinafter referred as to “defendant”). Plaintiffs were all licensed franchisees of AAMCO operating in .the gre...
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MEMORANDUM ORDER This matter is before the court for trial upon stipulated facts. The plaintiff, General Television, Inc., is a Colorado corporation with its principal place of business in Minneapolis, Minnesota. The plaintiff has brought this action for refund of federal income taxes and interest assessed and collected for the tax years 1964 1 and 1965. 2 ...
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OPINION AND ORDER This is an action brought to recover damages for a wrongful death arising out of an *215automobile accident allegedly caused by the Confederated Salish and Kootenai Tribes (Tribes), organized under the Indian Reorganization Act of 1934 (Wheeler-Howard Act, 25 U.S.C. § 477). The accident happened within the exterior boundaries of the Reservation. Decedent was not a member of the ...
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This litigation consists of seven actions pending in two districts: four in the Southern District of New York and three in the District of Rhode Island. All seven actions arise from the takeover of Amtel, Inc. (Amtel) by AMCA International Corp. (AMCA) as a result of a tender offer made on November 14, 1977. Principal defendants, in addition to Amtel and AMCA, include Royal Little (Little), founde...
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MEMORANDUM AND ORDER Plaintiff moves to discontinue this action, which he brought as a shareholder derivatively on behalf of Applied Devices Corporation (“Applied”). Plaintiff’s counsel has submitted a proposed order which would dismiss the case “without prejudices [sic] pursuant to Rule 41(a)(2) FRCP except with prejudice as to plaintiff Charles Grima and without costs to any party.” None of the ...
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MEMORANDUM AND ORDER This is an action under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., arising out of an automobile accident involving James Malone, a member of the United States Air Force. The accident occurred near Greenfield, Indiana, at approximately 7:00 a.m. on November 9,1971. The matter is before the Court on the parties’ motions for summary judgment. ...
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*212 OPINION Plaintiff, Norman Lewis, while employed as a truck driver by Eazor Express Company, suffered personal injuries in a single accident which occurred in Pennsylvania on December 23,1974. Although both Norman Lewis and his wife reside in Pennsylvania, Mr. Lewis at the time of the accident was employed at Eazor’s Ashtabula Ohio terminal and sometimes made deliveries into ...
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MEMORANDUM Plaintiffs, as co-executors of the estate of the decedent Louis C. Kneidinger, brought this action against the insurer for the proceeds of three insurance policies with death benefits totalling $125,000. After trial the jury found for plaintiffs and awarded the total policy amounts. Defendant timely filed a motion for judgment notwithstanding the verdict, or in the alternative ...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER In this action, the plaintiff, an automobile dealership in Greenville, South Carolina, has instituted a suit for damages against the defendant, under the provisions of 15 U.S.C. § 1222. 1 At the outset of the case, tried without a jury in Greenville, South Carolina, on March 23, 1978, the plaintiff stated that its cause of action ...
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ORDER This matter came before this Court for jury trial in Greenville, South Carolina, on March 20, 1978 and March 21, 1978. All of the testimony and evidence have been considered, and the plaintiffs’ motion for directed verdict in the amount of Three Hundred Sixty-three Thousand Nine Hundred *361 and no/100 ($363,900.00) Dollars is hereby granted. There is no dispute as...
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ORDER The petitioner was arrested after 3 A. M. on September 20, 1974 in an auto parts retail store in Georgetown, South Carolina, after an officer summoned assistance when he saw visible signs of an entry into the store. A safe had been damaged, and the petitioner had almost $100.00 in cash that he had stolen in the store. When the offense occurred, the petitioner had just turned seventeen years ...
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MEMORANDUM AND ORDER NO. 3503 By Collateral Trust Indentures dated April 15, 1965 and April 15, 1968, Penn Central pledged, as collateral security for certain indebtedness, 22.5% of the common stock of the Pittsburgh & Lake Erie Railroad Company, to Irving Trust Company as Indenture Trustee for bondholders. In 1972, various lawsuits were filed by minority shareholders of the P&LE, in their own ri...
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OPINION Proper disposition of the case at bar depends upon determining which of the non-disinterested witnesses whose testimony is in the record is most reliable. Such conflicts in the evidence and questions of credibility are most comfortably resolved by a jury, but since the parties here have referred the matter to the Court we can but do our best and (going beyond what a jury would do) candi...
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OPINION This action was brought under Title VII of the Civil Rights Act of 1964, 78 Stat. 253, 42 U.S.C. § 2000e et seq. 42 U.S.C. § 2000e-2(a)(l) provides that it shall be an unlawful employment practice for an employer “to fail or refuse to hire or otherwise to discriminate against any individual with respect to . employment, because of such individual’s race, color, religion, sex, or national ...
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MEMORANDUM OF OPINION This is an appeal from the bankruptcy judge’s decision in Case No. 77-00406-K, declaring a security interest claimed by the Small Business Administration in proceeds from the sale of certain equipment owned by the debtor, Ocean Electronics Corporation, invalid and unenforceable against the debtor as debtor-in-possession. The appeal has been timely perfected, and jurisdicti...
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MEMORANDUM This case, brought pursuant to 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., came before the Court in the Fall of 1976 on cross-motions for summary judgment. In a Memorandum Opinion and Order of November 12, 1976, 427 F.Supp. 467 (D.D.C. 1976), the Court concluded that plaintiff was entitled as a m...
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OPINION Before the Court for resolution is the issue of damages suffered by plaintiff in relying on the misleading report of an accountant as one factor in his decision to purchase all the stock of Technidyne, Inc. A necessary adjunct to the determination of damages is the accountant’s cross-claim for indemnification and contribution 1 against the settling defendants, namely th...
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MEMORANDUM OPINION I The Plaintiffs bring this constitutionally based action for declaratory and injunctive relief under the authority of Bivens v. Six Unknown Named Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), and 28 U.S.C. sections 2201-02. The Plaintiffs have challenged the constitutional validity of a federal regulation which governs the sale and distrib...
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MEMORANDUM OPINION The instant action involves a claim of racial discrimination brought pursuant to Title VII of the Civil Rights Act of 1964, §§ 706 et seq., 42 U.S.C. §§ 2000e-5 et seq. Defendant has moved to dismiss on three grounds, but since two of defendant’s arguments concern matters raising issues outside of plaintiff’s complaint, this court shall only consider defendant’s contention that ...
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MEMORANDUM OF OPINION AND ORDER In this class action under the Civil Rights Act of 1871, 42 U.S.C. § 1983, and its jurisdictional counterpart, 28 U.S.C. § 1343(3), plaintiff Jane Jones, who at the time of the filing of the complaint was a 17-year-old female in her sixteenth week of pregnancy, on her own behalf and on behalf of all others similarly situated, seeks to enjoin the Eastern Mai...
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MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT’S MOTION TO SUPPRESS Elbert Lamar Coleman is charged with the offense of possessing a controlled sub *435 stance with intent to distribute the same, in violation of 21 U.S.C. § 841(a)(1). The substance in question is a certain quantity of cocaine which an agent of the Drug Enforcement Administration allegedly discovered in defendant’s possessio...
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MEMORANDUM This is an appeal pursuant to Bankruptcy Rule 801 from an Order of the Bankruptcy Judge. This Court has jurisdiction under 28 U.S.C. § 1334. The findings of fact of the Bankruptcy Judge are hereby adopted. Appellants raise one issue on appeal; that the Bankruptcy Judge erred in not finding that appellant-bankrupt was entitled to the Missouri statutory exemption as a head of a family. §§...
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MEMORANDUM This matter is before the Court for a ruling on the merits following a trial to the Court on alleged violations of 42 U.S.C. § 2000e et seq. After consideration of the matter, the Court makes the following findings of fact and conclusions of law. FINDINGS OF FACT 1. Plaintiff is a black male citizen of the United States residing in the Eastern District of Missouri. 2. Defendant is a cor...
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MEMORANDUM This matter is before the Court for a ruling on the merits following a trial to the Court on alleged violations of 42 U.S.C. § 2000e et seq. and 42 U.S.C. § 1981. After consideration of the matter, the Court makes the following findings of fact and conclusions of law as set forth in the memorandum opinion below. Plaintiff, Walter Harper, is a black citizen of the United .States residing...
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OPINION Pursuant to Local Rule 9(m), defendants move for reargument of their motions for summary judgment, or, in the alternative, for partial summary judgment. Rule 56, Fed.R.Civ.P. MOTIONS FOR SUMMARY JUDGMENT With respect to this branch of defendants’ motions, the motions for reargument are granted, and, upon reargument, we adhere to our prior opinion, dated November 10, 1977, which denied...
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MEMORANDUM DECISION Plaintiff, the City of New York (the City), has brought this action to recover back rent and deferred maintenance costs for its Pier 21 North River from defendant Erie Lackawanna Railway Company (Erie), which was in possession of that facility from January 1, 1966 to August 31, 1972— initially as the tenant of the City and later, after one renewal of the lease, as either a lic...
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MEMORANDUM AND ORDER Ten of the defendants, the so-called “Perot interests”,1 have moved to dismiss counts 1-3 of the complaint for failure to state a claim under Section 10(b) of the Exchange Act and Rule 10b-5 on the ground that no misrepresentation alleged could have been material or could have caused the damages claimed. The New York Stock Exchange, a defendant in counts 1 and 2 of the compla...
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FINDINGS AND CONCLUSIONS These five actions, consolidated for trial, have been brought by, or in the name of, owners of riparian land situated in Pennsylvania, who claim that the value of their lands along the Delaware River and its West Branch was diminished by the City of New York’s diversion of the headwaters of the Delaware River for public water supply purposes. The Court has su...
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MEMORANDUM OPINION This matter is before the Court on motions filed by both sides of this dispute. First, the defendants have filed a motion to dismiss, or in the alternative, for summary judgment. Second, the plaintiff asks that a party defendant be added. Third, the defendants have filed a motion to dismiss for mootness and for summary judgment on the issue of punitive damages. Fourth, the pl...
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MEMORANDUM OPINION The principal question in this case has not been decided in Oklahoma and remains undecided in the overwhelming majority of jurisdictions in the United States. The question is: when the oil, gas and other minerals have been severed by conveyance from the fee simple estate in a tract of land, and subsequent to severance natural gas is injected in and under that tract of l...
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ORDER Plaintiff herein is a Texas citizen who was injured while working aboard a drilling tender vessel (Tender GP-8) in Lake Maricaibo, Venezuela. Plaintiff’s injuries occurred on February 28, 1974, as he was aboard the Tender GP-8 to sample the drilling mud. While plaintiff was positioned on a crosswalk above the mud pit, which contained approximately 1,000 barrels of drilling mud at a temperat...
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ORDER This is a civil rights action in which Plaintiffs seek damages and declaratory and injunctive relief for the alleged refusal of Defendant’s agent to rent them an apartment because of discrimination based on race and sex. In their Complaint, Plaintiffs assert that the Court has jurisdiction of this action pursuant to the Thirteenth Amendment; 42 U.S.C. §§ 1981, 1982 and 1988; §§ 804,...
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MEMORANDUM OPINION This action arises from the failure of Defendants L-P Gas Equipment, Inc. (hereinafter referred to as L. P. Gas Equipment) and Otis Milford Scroggins, Jr., a/k/a Mel Scroggins, to remit to Plaintiff proceeds from the sale of several large propane storage tanks. Plaintiff asserts that the Defendants’ failure to remit these proceeds to the Plaintiff constitutes a breach o...
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ORDER This is an action for violation of the federal securities laws in which both parties have moved for summary judgment. Rather than set out the facts, pleadings, and arguments presented on this case, the Court will confine itself to the threshold question, presented by plaintiff’s Motion to Strike Defendant’s Motion to Dismiss or in the alternative for Summary Judgment. Briefly stated, the qu...
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MEMORANDUM AND ORDER This is an action brought by plaintiff against his former employer, defendant Arthur G. McKee & Company (McKee) and against the Lehigh Valley District Council (the Council), an affiliate of the United Brotherhood of Carpenters and Joiners of America (the Brotherhood) of which plaintiff was a member. Plaintiff alleges that McKee’s termination of plaintiff’s employment ...
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OPINION In this action plaintiff, the Estate of William E. Newcomer, Deceased, William A. Newcomer, Executor, seeks refund of federal estate taxes paid in accordance with an Internal Revenue Service (“IRS”) review. The sole issue is to determine the fair market value of 45,955 shares of common stock of Newcomer Products, Inc. (“NPI”) on July 6,1967, the date of death of William E. Newcomer (the “...
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MEMORANDUM OPINION Plaintiffs in both of the above-captioned cases brought in this court successful suits for tax refunds and now claim to be entitled to attorney’s fees under the recent amendment to 42 U.S.C. § 1988 (Supp.1977), which provides as follows: *202 “ . . . [I]n any civil action or proceeding, by or on behalf of the United States of America, to enforce, or charging a violation o...
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OPINION The Plaintiff, Frank Putsakulish, has appealed a final decision of the Secretary of Health, Education and Welfare denying his claim for black lung benefits. Under Section 205(g) of the Social Security Act (42 U.S.C. § 405(g)), this Court may enter judgment based on the pleadings affirming, modifying, or reversing the decision of the Secretary. The Secretary, however, must be affirmed so l...
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OPINION In Count I of this Complaint, D. Dennison Fincke sues his last employer, Phoenix Mutual Life Insurance Company (Phoenix), for failing to pay him allegedly past due commissions and overrides for the period of August, 1973 through September 15, 1976, amounting to $183,400.00 and, in addition, asks for punitive damages. In Count II,' *188 Fincke seeks damages from Eugene...
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MEMORANDUM AND ORDER Presently before the Court is the motion of plaintiff Carol Willett (“Willett”) for an award of attorney’s fees pursuant to the Civil Rights Attorney’s Fee Award Act of 1976, P.L. 94-559 (October 19, 1976), amending 42 U.S.C. § 1988. For the reasons stated below, we will grant Willett’s motion and award her attorney’s fees in the amount of $4,420. In the instant action,...
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OPINION AND ORDER The defendants have requested this Court to transfer this action to the United States District Court for the Southern District of New York, pursuant to either 28 U.S.C. § 1404(a) 1 or 28 U.S.C. § 1406(a). 2 We grant the motion to transfer this action pursuant to 28 U.S.C. § 1404(a). FACTS The plaintiffs are eleven individuals who have brou...
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OPINION This is a diversity suit for personal injuries sustained by minor plaintiff when a pair of pajamas she was wearing caught fire. Presently before the court is the motion of the garment’s manufacturer for summary judgment on the ground that the statute of limitations for plaintiffs’ breach of warranty claim expired before the action was brought. For the reasons hereafter advanced, I...
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MEMORANDUM OPINION AND ORDER OF REMAND The defendants filed a “civil petition for removal” with the clerk of this Court, *242 attempting to remove this action from the Circuit Court of Bedford County, Tennessee, in which it was commenced on February 9, 1978. The basis of such removal is apparently the diversity of citizenship of the parties and the requisite amount in controv...
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MEMORANDUM OPINION In this proceeding, the federal government is charged with discrimination in employment because of race and relief is sought under Title VII of the Civil Rights Act of 1964, as amended by 42 U.S.C. § 2000e, et seq. Plaintiff, Charles Jackson, Jr., seeks declaratory and equitable relief against the Secretary of Agriculture, alleging discrimination in connection with his employme...
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FINDINGS OF FACT AND RECOMMENDED DECISION United States Magistrate. This is an action for declaratory, injunctive and monetary relief brought by four *546 prisoners incarcerated at the Connecticut Correctional Institution, Somers (hereinafter, referred to as C.C.I.S.), located in Somers, Connecticut, against the Warden of C.C.I.S. and the Connecticut Commissioner of Corrections. The plainti...
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Memorandum This is an application for a writ of habeas corpus in which it is alleged that petitioner was deprived of due process and equal protection of the laws when he was denied parole by the Illinois Parole and Pardon Board. Federal jurisdiction is invoked pursuant to 28 U.S.C. § 2254; and the cause is before the court on cross motions for summary judgment. The issue presented is whether th...
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District Judge. Plaintiff, 1 proceeding pro se 2 and in forma pauperis, and presently confined in a confinement institution of the State of Pennsylvania, has filed a complaint styled “Civil Rights Complaint” in this Court. Herein plaintiff seeks declaratory and injunctive relief and damages against defendant Nouse, the latter being plaintiff Nouse’s ex-wife, and the l...
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Grenier seeks production of certain documents from the Internal Revenue Service (IRS), a declaration that section 6110 of the Internal Revenue Code 1 is not the sole vehicle for access to such documents, and, if production is ordered, a waiver of fees related to such production. The IRS opposes those quests for relief and has filed a motion for summary judgment. The facts are un...
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452 F. Supp. 1082 (1978) Vicki Greene GOLDEN v. STATE BOARD OF LAW EXAMINERS et al. Civ. No. K-77-677. United States District Court, D. Maryland. March 30, 1978. *1083 Harold Buchman, Baltimore, Md., and Alan B. Morrison, Washington, D. C., for plaintiff. Francis B. Burch, Atty. Gen., and Diana G. Motz, Asst. Atty. Gen., Baltimore, Md., for defendants. FRANK A. KAUFMAN, District Judge. Plaintiff ...
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Montgomery County, Maryland, contends that the National Health Planning and Resources Development Act of 1974 unconstitutionally offends both the Guaranty Clause of and the Tenth Amendment to the United States Constitution. In addition, the County asserts that certain regulations promulgated by the Secretary of Health, Education and Welfare (HEW) under that Act offend the Tenth Amendment and al...
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OPINION Petitioner was convicted of second degree murder 1 for the slaying of a woman on August 17, 1973. His direct appeal on the same issues raised here was unsuccessful, 2 and he now seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241, challenging the constitutionality of his conviction on the following grounds: 1) The denial of petitioner’s pre-trial motion to examine statement...
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MEMORANDUM OPINION This case concerns an action for damages caused by defective heat pumps manufactured and distributed by defendant Lennox Industries, Inc., and installed by defendant Frank J. Merwald and Sons, for the general contractors, also defendants in this case. All parties are residents of Nebraska except Lennox Industries, a resident of Iowa. Lennox Industries removes this case to feder...
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*178 MEMORANDUM OPINION Plaintiff, Vantine A. James, Executor of the Estate of Marie O. Neal, brought this action for refund of estate taxes paid following an I.R.S. deficiency assessment on one-third interests in two trusts which Mrs. Neal had helped to establish for her grandchildren. Each party filed a motion for summary judgment (Filing Nos. 10 and 17), and following a hearing on the moti...
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OPINION Plaintiff Assata Shakur, convicted of murder in a New Jersey state court and now lodged at Riker’s Island on a New York state detainer, brought this civil rights action, seeking, inter alia, to enjoin her transfer to Alderson Correctional Facility for Women (“Alderson”) in West Virginia. Pursuant to Rule 65(a), Fed.R.Civ.P., Shakur moves for an order granting a preliminary injunction ...
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MEMORANDUM OPINION AND ORDER The defendants Oppenheimer & Company, Inc. (“Oppenheimer”) and Fields have moved: a) to dismiss certain portions of the complaint pursuant to Fed.R.Civ.P. 9(b) for failing to allege fraud with particularity; b) to stay any judicial determination of that portion of the complaint not based on federal securities laws, pursuant to Section 3 of the Federal Arbitration Act,...
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MEMORANDUM OPINION Plaintiff Wilbert M. Brown, a member of the black race, has brought this action against Ned Benton, individually, and as Director of the Oklahoma Department of Corrections (Department), alleging that plaintiff was terminated from his employment as a probation and parole officer in whole or in part because of his race. Plaintiff invokes this Court’s jurisdiction under 28 U.S.C...
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MEMORANDUM This is a diversity action in which the assignee of an insurance policy is suing the insurer to collect for damages to the insured premises resulting from a fire which occurred on May 15, 1976. The defendant has filed a motion to dismiss and the following facts as alleged in the complaint will be accepted as true and correct for the purposes of resolving this Rule 12(b)(6) motion. Cruz ...
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MEMORANDUM Plaintiff Ronald Rompilla I (“Rompilla”) brought this action pursuant to 42 U.S.C. § 1983 against defendants Flormont Nero (“Nero”), Warden of Lehigh County Prison; Fred Williams (“Williams”), Deputy Warden of Lehigh County Prison; and Robert Manlin (“Manlin”), Chief Security Officer of Lehigh County Prison. The primary allegation of Rompilla’s complaint is that the defendants incarc...
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MEMORANDUM Plaintiff Iris Coggins (“Coggins”) brought this civil rights action “to redress the deprivation under color of statute, ordinance, regulation, custom or usage of the rights, privileges and immunities secured to [her] by the First, Fourth, Fifth, Eighth and Fourteenth Amendments to the United States Constitution and Equal Protection Clauses [s/e] thereunder.” The named defendants are:...
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MEMORANDUM The plaintiff union brought this suit pursuant to Section 301 of the Labor-Management Relations Act, 29 U.S. § 185, seeking *1114 an order to compel the defendant employer to arbitrate a grievance concerning the employment status of Edward J. Gebhardt. Both sides have moved for judgment on the pleadings or, in the alternative, summary judgment. As the Court- finds ...
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MEMORANDUM AND ORDER This matter is now before me on a motion and an amendment to the motion of the defendant, David F. Wilson, to suppress the search warrant and evidence. This defendant and another was charged with the violation of various federal firearms’ statutes based upon alleged receipt and possession of a sawed-off shotgun. Counsel for the parties.stipulated at the hearing held on the mo...
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ORDER Gene Ham has submitted another petition for a writ of habeas corpus.1 He now alleges that he was denied a “right of appeal on *181complete transcript.” The petition is before the court for preliminary consideration under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, effective February 1, 1977. Because it plainly appears from the face of the petition t...
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*231 OPINION Plaintiff seeks to recover damages from the United States for the death of plaintiff’s decedent, Walter James Vandergrift (James), caused by his fall through the roof of Building 643 at the Langley Air Force Center on March 29, 1976. The United States contracted with Mechanical Products, Inc. (Mechanical) for the performance of certain construction and installat...
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OPINION AND ORDER The above-styled case is pending before this court on defendant’s motion for judgment notwithstanding the verdict, or in the alternative, for a new trial pursuant to Rule 50(b) of the Federal Rules of Civil Procedure. Defendant sets forth the following grounds for judgment notwithstanding the verdict: (1) there was no evidence that plaintiff relied upon any affirmation or prom...
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MEMORANDUM OPINION The Court, on March 21, 1978, took under advisement both defendants’ Motion to Suppress Electronic Surveillance and Motion to Suppress No. 3 (Physical Seizures). Motion to Suppress Electronic Surveillance These motions grew out of government monitoring of defendant Hung’s telephone on a 24-hour basis, the installation of a microphone in Hung’s apartment (2...
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DECISION AND ORDER District Judge. The defendants have filed a motion to dismiss count III of the amended complaint in this action pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure, for failure to state a claim on which relief can be granted. I find that the motion should be denied. The plaintiff alleges that he was a partner in Milwaukee Management Services and Professional Investors Sy...
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MEMORANDUM OPINION AND ORDER This is an action under the Social Security Act, 42 U.S.C. § 405(g), for review of a final decision of the Secretary of Health, Education and Welfare that plaintiff is not disabled within the meaning of the Social Security Act. CLAIM HISTORY The plaintiff filed an application for social security disability insurance benefits on December 6, 1974. His ...
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MEMORANDUM OF DECISION These two related actions, involving as the primary issue the question whether the United States government unlawfully terminated the Hopland Ranchería (the “Ranchería”) located in Mendocino County, California, have been brought by Indian people of the Ranchería and are presently before the court on plaintiffs’ motion for partial summary judgment. I. THE RECORD AND THE...
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OPINION The question raised by this motion to dismiss the complaint is whether an intentional traffic arrest made without probable cause and without good faith is a constitutional violation of sufficient magnitude so as to be cognizable under 42 U.S.C. § 1983. The issue is so framed because on a motion to dismiss, all inferences are construed in favor of the nonmovant. Plaintiff alleges that ...
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OPINION This is an action brought under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq., in which the plaintiff alleges sex-based discrimination in employment. The plaintiff, Frederick Fesel, is a registered nurse who is currently serving as a second lieutenant in the United States Air Force. The defendant, Masonic Home of Delaware, Inc., (“the...
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MEMORANDUM OF DECISION This action for wrongful death was brought by the widow and on behalf of the minor children of Frederick D. Stueve, and by the administratrix of his estate to recover damages caused by the alleged defects in a motorcycle manufactured by Honda Motor Company, L.T.D. of Japan, and distributed by a distributor, American Honda Motors Company, Inc. The complaint alleges p...
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OPINION This matter is before the Court on the motions for summary judgment of two of the defendants, Mount Clemens General Hospital and Diane Voorhess. The plaintiff, Evelyn Bach, has filed this suit to recover damages for dismissal from her employment allegedly in violation of her constitutional rights. Prior to her dismissal the plaintiff had been employed by the defendant hospital *687 ...
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MEMORANDUM OPINION AND ORDER Co-defendant British Airways moves for an order pursuant to Rules 35(a) and 37(a), F.R.Civ.P., compelling plaintiff Dorothy Brandenberg to submit to a psychiatric examination, and to answer certain questions posed during her oral deposition before trial, to which she did not respond on her attorney’s instructions. Plaintiff resists both aspects of the motion, in an af...
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MEMORANDUM AND ORDER This action, brought by two Westchester County community organizations, challenges the constitutionality of Section 1725 of Title 18, United.States Code, and regulations issued thereunder as applied to plaintiffs and “all other similarly situated,” 1 on *160 First Amendment grounds. Section 1725 prohibits deposit of “any mailable matter” in let...
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MEMORANDUM AND ORDER Defendant Vincent Chiarella, indicted on seventeen counts of securities fraud in violation of Section 10(b) of the. Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), 1 *96 and Rule 10b-5 thereunder, 17 C.F.R. § 240.10b-5, 2 moves for an order, pursuant to Fed.R.Cr.P. 12(b)(2), dismissing the indictment upon the ground that it fails to...
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OPINION AND ORDER The Olentangy Environmental Control Center and Interceptor System (OECC) is a proposed sewage treatment facility to be built in southern Delaware County between State Route 315 and the Olentangy River. Pursuant to the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. § 4321, et seq. the defendants caused an Environmental Impact Statement (EIS) to be prepared and circula...
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ORDER GRANTING SUMMARY JUDGMENT This action is before the court on motions for summary judgment filed by the plaintiff and the defendants. The parties have filed briefs setting forth their respective positions in connection with these motions. Plaintiff contends that it is entitled to summary judgment on its claim that the policy of the Bureau of Indian Affairs (BIA) of entering into contractual ...
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MEMORANDUM Plaintiff brings suit against her employer pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging discrimination on account of national origin. Defendant initially moved to dismiss on two grounds: 1) failure to file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 days of the last alleged discriminatory act, as required...
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MEMORANDUM The Housing Authority of Dauphin County has filed seven suits in the Court of Common Pleas of Dauphin County against tenants of the Cole Crest project in Steel-ton, Pennsylvania, seeking certain excess utility consumption and maintenance charges under residential dwelling leases.1 On March 8, 1978, the seven Defendants in county court, Ida Danner, Ruth Jones, Katie Dinkins, Kathleen Hi...
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*680 ADJUDICATION Plaintiffs, who are confined at the State Correctional Institution at Graterford, Pennsylvania, either provided or received legal services from an in-prison law clinic which was operated by inmates. Plaintiffs charge that the closing of the law clinic by prison and state authorities deprived them of their constitutional rights. They seek temporary and permanent ...
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MEMORANDUM OPINION I. Plaintiff, JoAnn Holst, brought this action pursuant to 42 U.S.C. § 405(g) to obtain judicial review of a final decision of the Secretary of Health, Education and Welfare denying her claim for disability benefits. Plaintiff first applied for disability benefits on October 7, 1975, stating that she became unable to work in her regular profession as registered nurse. The applic...
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MEMORANDUM OPINION AND ORDER Federal law enforcement officers searched, pursuant to the command of a warrant which was valid on its face, a certain safety deposit box of a bank, in which box the defendant Mr. Steadman has a possessory interest, and in which was found evidence incriminatory of Mr. Steadman under the charge that he possessed insured money which had been taken from the Baileyton, Ten...
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MEMORANDUM Petitioner, Everett W. Wallace, Jr., was convicted in this Court by a jury on February 23,1973, of bank robbery and possession of a firearm during the commission of a felony. He now seeks a writ of habeas corpus. Jurisdiction is attained pursuant to 28 U.S.C. § 2255. Liberally construing Wallace’s petition for post-conviction relief, it may be read to raise the following allegations: 1....
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OPINION AND ORDER Petitioner, appearing pro se, instituted this action while confined at Bland Correctional Center. He alleges that a regulation of the Virginia Department of Corrections violates his rights under the First and Fourteenth Amendments to the Constitution of the United States. This regulation restricts all publications, including books, from entering the correctional institution un...
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ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS CERTAIN DEFENDANTS AND CERTAIN PLAINTIFFS; DENYING DEFENDANTS’ MOTION TO DISMISS CLASS ALLEGATIONS IN PART; AND GRANTING PLAINTIFFS’ MOTION FOR CERTIFICATION OF CLASS ACTION IN PART Class action allegations under Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq., have been made concerning the San Francisco District1 of the United States *552...
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MEMORANDUM This matter has come before the Court on Defendants’ request for certification in order to take an interlocutory appeal, pursuant to 28 U.S.C. § 1292(b), from this Court’s Order dated January 25, 1978, denying Defendants’ motion to quash service of summons and to dismiss the Complaint herein on jurisdictional grounds. The Court has received memoranda filed by various international or...
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MEMORANDUM OPINION The 1972 Amendments1 to Subchapter IV of Chapter 53 of Title 5 of the United States Code2 embody the legislative policies to be applied in determining pay levels for prevailing rate employees in federal service. Beyond that, the 1972 Amendments direct the Civil Service Commission (CSC) to undertake an administrative process of reviewing and revising existing job classifications ...
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MEMORANDUM OPINION This is an action for a declaratory judgment to determine the rights and duties of the parties under the Rehabilitation Act, 29 U.S.C. § 701, et seq., § 204 of the Intergovernmental Cooperation Act of 1968 (IGCA), 42 U.S.C. § 4214, and § 6(c) of the Joint Funding Simplification Act of 1974 (JFSA), 42 U.S.C. § 4255(c). In addition, plaintiff seeks review of a final administrativ...
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ORDER ON DEFENDANT’S MOTION FOR NEW TRIAL AND JUDGMENT NOTWITHSTANDING THE VERDICT Fratelli Gardino, an Italian corporation, filed suit in this Court against Caribbean Lumber Company, a Connecticut corporation, on July 8,1974. The complaint alleged that the defendant breached a contract for the sale of 525,000 board feet of lumber and that Caribbean did “wilfully, tortiously and in comple...
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ORDER This action arises out of a contract for the sale of an airplane between the plaintiff and defendant, E. C. Aviation Services [hereinafter referred to as Services]. Jurisdiction is invoked under 28 U.S.C. § 1332, based on diversity of citizenship. Defendant, Services filed third-party complaints against Electrosonics Division of AiRadio [hereinafter referred to as AiRadio] and Hill Aircraft...
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DECISION AND ORDER DENYING MOTION FOR FURTHER SUMMARY JUDGMENT Plaintiffs’ 1 motion for summary judgment presents questions as to the interpretation of the bilingual election requirements of Section 203 of the Voting Rights Act. 2 These requirements were added to the Voting Rights Act of 1965 3 by the Voting Rights Act Amendment of 1975. 4 The...
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This litigation consists of five actions pending in different federal districts — one each in the Middle District of Pennsylvania, the Eastern District of Michigan, the Southern District of Texas, the District of New Mexico, and the District of New Jersey. All these actions involve alleged personal injuries resulting from use of an intrauterine contraceptive device known as the “Lippes Loop.” O...
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*274 OPINION AND ORDER Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, JOSEPH S. LORD, III, * STANLEY A. WEIGEL, ANDREW A. CAFFREY* and ROY W. HARPER, Judges of the Panel. This litigation consists of six actions pending in five districts — two in the Northern District of California and one each in the Central District of California, the W...
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MEMORANDUM Defendant Costa Armatori S.p.A., an Italian company sued here as Costa Lines (“Costa”), has moved for summary judgment in plaintiff’s personal injury suit against it as time charterer of the vessel ETHA owned and manned by the defendant Felicitas-Rickmers Line K.G. & Co. of Hamburg, Germany (“Felicitas”). The grounds for Costa’s motion under Rule 56 of the Federal Rules of Civi...
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OPINION DASA Corporation and the Bank of New York were defendants in this bondholders’ action. The suing bondholders were Simms C. Browning, Roy E. Brewer, and Bradley R. Brewer. The latter, Bradley Brewer, was also the attorney for the plaintiffs. DASA prevailed after trial. The Bank obtained a dismissal on the merits shortly before trial. DASA and the Bank have moved to enjoin the Brewe...
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MEMORANDUM-DECISION AND ORDER This action seeks review of a decision of the Secretary of Health, Education and Welfare, 1 denying plaintiff’s application for a period of disability and disability insurance benefits. 42 U.S.C. §§ 405(g), 416(i), 423. The case is now before the Court on defendant’s motion for a judgment on the pleadings or, in the alternative, for summary judgmen...
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MEMORANDUM AND ORDER Plaintiff ACF Produce, Inc. (ACF) instituted this suit on December 10,1975 against two insurance companies, an insurance broker and the broker’s employee. The action is predicated upon an inland commercial marine policy, issued by Federal Insurance Co. (Federal), and an excess policy, issued by Fireman’s Fund Insurance Co. (Fireman’s). 1 Both Federal and Fi...
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ADJUDICATION In this action, plaintiff seeks a declaratory judgment that he is entitled to increased pension benefits under a plan which became effective after his last day of work but prior to the expiration of his accrued vacation time. On the basis of the entire record, I conclude the failure of plaintiff’s employer to disclose to him that changes in its retirement plan were imminent i...
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MEMORANDUM CERTIFYING DEFENDANT CLASS Plaintiff has moved for certification of both plaintiff and defendant classes pursuant to F.R.C.P. 23. The proposed defendant class is defined as “directors of all mental health and mental retardation facilities in Pennsylvania which are subject to regulation by the defendant Secretary of Public Welfare.” Representatives of the class are the Secretary of Publi...
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OPINION This matter is before the Court upon plaintiffs’ motion that the defendant Department of Corrections be held in civil contempt for failure to comply with paragraphs 5(a) and 5(c) of the Court’s Order of August 10, 1977, Palmigiano v. Garrahy, 443 F.Supp. 956 (D.R.I.1977). After almost a decade of repeated and protracted litigation over the conditions at the Rhode I...
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OPINION Plaintiff has moved for an order certifying a class in this cause. The Court is of the opinion that this motion should be denied. Plaintiff in the last half of 1973 bought interests in fourteen “Joint-Ven tures” (limited partnerships) from a corporation named Bachinskas-Nation Investments, Inc. (BNI, hereafter). The defendants are alleged to have been principals in BNI or acting in concert...
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MEMORANDUM OPINION IN LIEU OF FINDINGS OF FACT AND CONCLUSIONS OF LAW [Under Rule 52(a), F.R.C.P.] Briefly, in the case in chief, the plaintiff seeks an accounting, claiming the defendant Meier, its trusted agent, breached that trust in handling the acquisition of certain mining claims, and diverted funds to his own use and that of others. Defendant denies the breach and claims a set...
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MEMORANDUM This is an action for breach of contract. Jurisdiction is founded upon 28 U.S.C. § 1332. UOP, Inc., is the successor in interest to Gulf Oil Corporation which entered into a contract with Gulf-Degremont, Inc., (GDI) under which GDI would furnish a pre-treatment system for a reverse osmosis waste water treatment plant for the Bridgeport Brass Company in Bridgeport, Connecticut. Defendan...
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This is a motion by plaintiff (“Monsanto”) to remand the action to the Circuit Court for Morgan County, Alabama, from which it was removed by defendant (“TVA”). 28 U.S.C. § 1447(c). The claim made in the complaint is on a theory of negligence by TVA in furnishing electric power to Monsanto’s plant at Decatur. It is averred that there was a written contract between the parties under which T...
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MEMORANDUM OPINION AND ORDER This matter comes before the court on defendants’ motions for summary judgment. This is an action to recover damages for, inter alia, defamation and invasion of privacy. There are two sets of defendants in this case: (1) The Washington Post Company and one of the Post's reporters — Leon D. Dash, Jr.; and (2) the District of Col...
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MEMORANDUM OF DECISION Petitioner, Fabio Capece, is an inmate at the Federal Correctional Institution (FCI), Danbury, Connecticut. He claims that he is being illegally incarcerated as the result of improper action taken by the United States Parole Commission and as a result of inadequate assistance of counsel in connection with a motion to vacate his original conviction. His contentions are withou...
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RULING ON MOTION TO AMEND ANSWER Plaintiff, Paint Products Company, has brought suit against three defendants alleging violations of the Sherman Antitrust Act, 15 U.S.C. §§ 1, et seq. The gravamen of the complaint is that defendants conspired to control the price at which MIN-WAX products would be sold. The instant motion concerns the propriety of a proposed counterclaim filed ...
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ORDER DENYING PRELIMINARY INJUNCTION BACKGROUND Western Electric Company, Incorporated (Western) sued Milgo Electronic Corpora *837 tion and International Communications Corporation (Milgo) for alleged infringement of ten (10) modem patents registered in the United States Patent Office by Western. In addition to the usual defenses, Mil-go responded that Western and its p...
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MEMORANDUM OPINION This matter is before the Court on defendants’ motion to dismiss for lack of in personam jurisdiction over each and every defendant. Plaintiff, Thermothrift Industries, Inc., (“TTI”) is a Kentucky corporation engaged in the business of insulation manufacturing. Its principal place of business includes Kentucky and the surrounding states. Defendant, Mono-Therm Insul...
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MEMORANDUM This matter is before the Court upon plaintiff’s motion for partial summary judgment against defendant Maurice B. Frank. Plaintiff brought this suit as mortgagee of an apartment and motor hotel complex, consisting of three buildings owned by defendant-mortgagors, seeking a variety of relief to protect its interests therein. In Count II of the complaint, plaintiff alleges that the gener...
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OPINION AND ORDER Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, JOSEPH S. LORD, III, * STANLEY A. WEIGEL, ANDREW A. CAFFREY,* and ROY W. HARPER, Judges of the Panel. This litigation consists of two actions, each of which is pending in a different *272 district: one in the District of New Jersey and one in the Southern District of Fl...
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MEMORANDUM The individual plaintiff longshoreman was injured aboard defendants’ vessel, instituted an action to recover for his injuries, and settled his claim against the defendants in the amount of $60,000. After the injury and before settlement, plaintiff was paid a total of $17,152.83 in workmen’s compensation and medical benefits by his employer’s subrogee, the intervenor Liberty Mutual Insu...
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MEMORANDUM — DECISION AND ORDER This is a civil rights action brought by a state prison inmate pursuant to 42 U.S.C. §§ 1983, 1985. Plaintiff alleges that his First and Fourteenth Amendment rights have been violated because there was substantial delay in his receipt of two issues of a magazine entitled “The Militant” and because he was denied receipt of a third issue of this magazine. The latte...
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OPINION Introduction In the spring of 1975, for reasons which never clearly emerged despite a trial lasting three weeks, defendant, Federal Republic of Nigeria (“Nigeria”), acting through its Permanent Ministry of Defense, mounted a massive cement purchase program. The quantity ordered in sixty-eight contracts from various internationally placed suppliers aggregated over twenty m...
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Plaintiff Clara Morris has brought an action in this Court pursuant to 42 U.S.C. § 1983 charging that N.Y.C.P.L.R. § 3218, New York’s confession of judgment statute, is unconstitutional on its face and as it was applied to her. Plaintiff is currently seeking a preliminary injunction to prevent the sale of her home in execution of the lien obtained by the defendant insurance company upon a judgment...
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MEMORANDUM Pursuant to the direction of the Judicial Panel on Multi-District Litigation, In re Colocotronis Tanker Securities Litigation, Jud.Pan.Mult.Lit., 420 F.Supp. 998 (1976), this Court has been supervising pretrial proceedings in the six actions which make up this proceeding. During the concluding phase of document discovery, the primary defendant, European-American Bank...
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Memorandum of Decision York-Hoover Corp. together with Elgin Metal Casket Co. (“York-Elgin”) and the New York State Department of Taxation & Finance (“State”) separately appeal from a decision rendered by Bankruptcy Judge C. Albert Párente on December 9, 1977, in an adversary proceeding which concerned the priority of various claims. York-Elgin appeals from that aspect of the decision whi...
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*1103 OPINION I. Preliminary Statement This opinion 1 addresses the question whether a hearing on a defendant’s motion to suppress as evidence the tapes of intercepted oral or wire communications and on a corresponding Government motion to authenticate those recordings for use at trial must, at the request of the defendant, be held in camera or,...
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OPINION Defendants Daniel Snead and Arthur Snead were indicted on November 30, 1976, charged with four counts of aiding and abetting bank robbery, in violation of 18 U.S.C. § 2113 and one count of conspiracy, in violation of 18 U.S.C. § 371. They were tried before this court and a jury and convicted on all counts on January 19, 1977. Counsel for both Daniel and Arthur Snead filed timely Motions...
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MEMORANDUM AND ORDER This suit arises out of a sale of motion picture film by defendant Eastman Kodak Co. (Kodak) to plaintiff Posttape Associates (Posttape), a limited partnership formed to produce a documentary film. In the first trial of this case, the jury found that the film had been manufactured negligently and that the parties had not agreed to limit the manufacturer’s liability to...
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ORDER ON DEFENDANT’S MOTION TO SUPPRESS A decision is required of this court upon a timely motion of defendant to suppress a prior conviction of November 4,1969 by the State of South Carolina; the conviction is an essential element of the government’s proof in this case. Defendant was charged on November 8, 1977 in a four-count indictment alleging three violations of 18 U.S.C. § 922(h),1 receipt ...
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OPINION AND ORDER During the period"here involved, the plaintiffs were residents of Silverton, Colorado; Republic Underwriters Insurance Company was a citizen of the State of Oklahoma, and the defendants, Elicker and Williams were agents of Republic, but were citizens of the State of Colorado. The plaintiffs were the owners of improved real estate in Silverton, Colorado, and on or about M...
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ORDER OF REMAND This cause came on for consideration upon plaintiff’s motion for remand and defendants’ motion for leave to amend their removal petition. The court, having considered the record and being fully advised in the premises, finds and concludes that the motion for remand should be granted and the motion to amend should be denied. This action was brought originally in the Ci...
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FINAL ORDER In this action plaintiff seeks mandatory injunctive relief to compel the defendant County Commissioners of Laurens County, Georgia, to grant him a retail license for the sale of beer and wine, for off-premises consumption, at his Kwik Service store on Georgia Highway 80. He seeks a declaration that he is entitled to a permit. Jurisdiction is predicated on 28 U.S.C. § 1343(3). The subst...
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Memorandum This cause is before the court on the certificate of a bankruptcy judge pursuant to Rule 920(a)(4), Rules of Bankruptcy Procedure, 11 U.S.C., which provides that “[i]f it appears to a referee that conduct prohibited by section 69(a) of this title 1 may warrant punishment by imprisonment or by a fine of more than $250, he may certify the facts to a district judge. On such certificat...
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MEMORANDUM Jamil Abdallah Masoud Nasan, an Israeli citizen, files this suit seeking review of a decision made by the Department of Immigration and Naturalization denying him adjustment in his status from that of a non-immigrant visitor for pleasure to that of a permanent resident pursuant to Section 245 of the Immigration and Nationality Act, 8 U.S.C. § 1255. Plaintiff seeks an order decl...
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MEMORANDUM AND ORDER This is a products liability action which comes before the Court on the motion of defendant for summary judgment on the ground plaintiff’s claim is barred by the applicable statute of limitations. Oral argument has been heard on the motion, and the Court is prepared to rule. This case raises difficult questions of jurisdictional theory and conflict of laws. Thus ...
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MEMORANDUM AND ORDER FOR JUDGMENT This action was brought by the Mashpee Tribe of Indians to recover possession of *943 tribal lands allegedly alienated from the tribe in violation of the Indian Nonintercourse Act (25 U.S.C. § 177). The defendants’ answer put in issue whether the plaintiff group was in fact an Indian tribe for purposes of the Act at the time suit was brought ...
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OPINION Maurice Gregory has filed a petition under 28 U.S.C.A. § 2255. He alleges that the sentence imposed on him is constitutionally invalid because it was predicated on information furnished to the Court by the Probation Office through a presentence investigatory report “that reflected, at least in pertinent part, information relevent [s/e] to the Petitioner’s prior criminal record that was er...
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MEMORANDUM OF DECISION This action has been submitted on cross-motions for summary judgment and on defendant’s motion to strike two affidavits submitted by plaintiff in aid of his motion for summary judgment. The court is not persuaded that the subject matter of the questioned affidavits relates to facts which would be admissible in evidence on the trial of the case. The court will, nevertheless, ...
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MEMORANDUM OF DECISION This case is before the court for consideration of plaintiffs’ objection to defendant’s bill of costs. Defendant’s bill of costs consist of the following: Description Amount 1. Fees of the Clerk $ 17.00 2. Fees of the Marshal 24.72 3. Fees for Witnesses: a. Dr. John D. Ray, one day $20.00, deposition fee $80.00 100.00 b. Paul Bridges 20.00 c. Joe Barker 20.00 4. Cost incide...
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MEMORANDUM AND ORDER In this case the United States seeks to recover from defendant for an alleged conversion. Jurisdiction is based on 28 U.S.C. § 1345 (1970). The action is before the Court for final judgment upon stipulated facts. For the reasons we shall state, we have concluded that the government is entitled to recover the damages it seeks. I. The parties have stipulated the following...
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OPINION AND ORDER This is a federal tort claims action. Plaintiff was driving north on West Road; Theiler was driving west on Garden Creek Road. At the time of the accident, on August 29, 1975, Theiler was acting in the course of his employment with the Bureau of Indian Affairs. Both roads were unpaved. The weather was dry and clear. There was no stop sign at the intersection at the time of the ac...
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ORDER MODIFYING FINAL DECREE Pursuant to the order of this Court entered December 22, 1977, after a post remand evidentiary hearing, plaintiff’s counsel, in compliance with said order, have filed herein, on January 1, 1978, proposed findings of fact and conclusions of law. The defendant Cappaerts filed objections to plaintiff’s proposed findings of fact and conclusions of law on March 16, 1978. T...
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MEMORANDUM ORDER In this matter, the plaintiff Tartan Marine Company (Tartan) seeks a temporary restraining order and, thereafter, a preliminary injunction to prevent the defendant National Labor Relations Board (NLRB) from proceeding with an administrative hearing on March 27, 1978, into charges that Tartan has committed unfair labor practices. A preliminary injunction, if issued as requested, w...
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MEMORANDUM This is a diversity action brought by the insured against the insurer on a builder’s “all risk” policy. Both parties have moved for summary judgment. There is no dispute as to the following facts: On October 19,1972, Cressona Plaza, Inc., Plaintiff in this action, entered into a contract with Majo Corporation (hereafter Majo) 1 for construction of a shopping center in Pottsville,...
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OPINION T&T Manufacturing Company (T&T) filed this action on appeal from a decision of the Trademark Trial and Appeal Board of the United States Patent and Trademark Office (Board) 1 that upheld the application of the defendant A. T. Cross Company (Cross) to register as a trademark the silver-colored top on its writing instruments. Defendant Cross and plaintiff-intervenors...
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ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT By motion filed December 19, 1977, defendant seeks summary judgment in his favor upon the grounds that there is no genuine issue as to any material fact and that defendant is entitled to judgment as a matter of law. In support of its position, defendant has filed a memorandum. Plaintiff, in opposition, also has filed a memorandum; both have...
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ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT This matter is presently before the court on the motions for summary judgment of the plaintiff and of the defendant railroad companies, and the motion to dismiss of the defendant United States. Inasmuch as the motion to dismiss of defendant United States is based in part upon Rule 12(b)(6), Federal Rules of Civil Procedure, and matters outsi...
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OPINION This is an action brought by three banks and five individuals who have been served with investigative subpoenas issued by defendant Securities Exchange Commissioners and their agents. Plaintiffs seek declaratory and injunctive relief to have the subpoenas quashed or greatly restricted in their scope. This court has jurisdiction over their claims under 28 U.S.C. § 1331(a). The ease...
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MEMORANDUM OPINION The plaintiffs, George Love, Susan Martinez and Geneva Hunt, have brought this *130 action seeking declaratory and injunctive relief from an alleged unconstitutional provision of the Cheyenne, Wyoming City Code. This Court has jurisdiction pursuant to 28 U.S.C. Section 1343 and venue is properly in the United States District Court for the District of Wyoming. The plaintif...
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MEMORANDUM OF DECISION The Court, having considered the pleadings, the testimony, exhibits and other evidence adduced in the course of the trial, at the end of which the Court made findings in the record, and having considered the post-trial and proposed findings of fact submitted by each of the parties, and being advised in the premises, makes and finds the following findings of fact and...
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STATEMENT OF THE CASE 1. This matter is before the Court as a declaratory judgment action. The plaintiff, Armstrong Cork Company, (“Armstrong”) is seeking a determination that the name “Armstrong World Industries, Inc.” does not infringe or unfairly compete with the defendant’s name World Carpets, Inc. (“World Carpets”). The action arises under a Federal statute dated July 5, 1946, and com...
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MEMORANDUM AND ORDER The defendant, James A. Pine, seeks to suppress the tape recordings of several telephone conversations with the co-defendant John Paul Daniel. The government has offered these tapes as evidence to support the charge contained in the indictment that the defendants committed mail fraud by attempting to process a false automobile accident claim. The contested conversatio...
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452 F.Supp. 1066 (1978) Francis D. BURRASCANO v. United States Attorney General, Mr. LEVI, United States Director of Prisons, Norman Carlson, Warden of FCI, Danbury, Conn., Mr. Wilkenson, Hospital Administrative Officer, E. Czarneck, Hospital Staff Nurse, Mr. Depelto, Ass't U.S. Attorney, R. S. Schulman, District of Balt., Md., Warden of City Jail, Balt., Md., Mr. Kamka, Mayor, City of Balt., Md....
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ORDER ACCEPTING IN PART AND REJECTING IN PART THE REPORT OF CLASS COUNSEL REGARDING ELIGIBILITY OF FORMER FRANCHISEE SUBCLASS MEMBERS AND “LIMBO” CLASS MEMBERS TO PARTICIPATE IN SETTLEMENT FUNDS AND SETTING FORTH PROCEDURE FOR THE DISTRIBUTION OF SETTLEMENT FUNDS I. HISTORY OF THE LITIGATION This multidistrict antitrust litigation was commenced by current and former franchisees of the Internation...
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OPINION AND ORDER Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, JOSEPH S. LORD, III * , STANLEY A. WEIGEL, ANDREW A. CAFFREY *, and ROY W. HARPER, Judges of the Panel. This litigation consists of six actions pending in two districts: five in the Southern District of Texas 1 and one in the Central District of California. All the actions are brought by crew membe...
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MEMORANDUM OPINION AND ORDER Plaintiff New England Petroleum Corporation (“NEPCO”) commenced this action against defendants Federal Energy Administration and its Administrator Frank G. Zarb (collectively “FEA”) to review four initial FEA orders, and three FEA final orders affirming the initial orders on administrative appeal. The orders under review relate to the FEA’s granting in part, a...
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OPINION One defendant is named in all counts of the 35-count indictment, the others in only 34. The defendants are Apartment Development and Management, Inc. (“ADAM”), its manager, Virginia Fried, and three others of its employees, Brianne Goldstein, Rose De Angelis, and Robert De Angelis.1 A motion now to be granted seeks dismissal of Counts 2 through 34. The first count, which is concededly vali...
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MEMORANDUM OF DECISION This action was originally instituted on April 28, 1972 alleging the breach by defendant oil company of three written contracts covering the sale by defendant of petroleum products to plaintiffs, for resale in their business as distributors of such products. For the next year and a half, while the parties apparently negotiated for a settlement of their differences relatin...
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MEMORANDUM Plaintiffs, persons of Puerto Rican background, brought this civil rights action against their employer, Bethlehem Steel Corporation, and against both the United Steelworkers of America and Local 1688 of that union. Presently before us are motions by both Defendant unions and Defendant Bethlehem Steel, to dismiss the claim based upon 42 U.S.C. § 1981, and also motions by Defend...
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OPINION George A. Davis, Inc., a Pennsylvania corporation, brought this diversity action against three other corporations, seeking to recover damages for (1) breach of contract, (2) disparagement, or “trade libel,” and (3) intentional interference with contractual relations. Two of the defendants, Johnson Wax Associates, Inc., a Delaware corporation, and its wholly-owned subsidiary, Camp ...
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OPINION I. INTRODUCTION Betty J. Karan and Marjorie A. Mitchell, employees of Nabisco, Inc. at its Pittsburgh Bakery, have brought suit against Nabisco alleging sex discrimination in employment in violation of Title VII, 42 U.S.C. § 2000e et seq., and the Pennsylvania Human Relations Act, 43 P.S. §§ 951-63. They have moved the Court, in accordance with Federal Rule of Civil Procedure 23(c)(1), to...
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MEMORANDUM This action had its genesis in a habeas corpus action filed by Plaintiff on October 7, 1975, in the United States District Court for the District of Columbia. Smith v. Carlson, Civil No. 75-1656 (D.D.C., filed Oct. 7, 1975). That action was transferred to this Court. Civil No. 75-1541 (M.D.Pa., filed Dec. 17, 1975). In that action, Plaintiff challenged the constitutionality of th...
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MEMORANDUM DECISION This is an action by the Sierra Club, brought pursuant to the National Environmental Policy Act, 42 U.S.C. section 4321 et seq. (NEPA). The Sierra Club seeks to enjoin further construction of and hook-up to two rural water systems until an envi *429 ronmental impact statement, (EIS), is prepared on each project. The defendants include various federal ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action was brought by William Langle of Westminster, Vermont, under the provisions of 42 U.S.C. § 1983, to recover compensatory and punitive damages against Robert Bingham of Newfane, Vermont, a game warden employed by the Vermont Fish and Game Department, and Edward KLehoe of Montpelier, Vermont, the commissioner of that department. The court’...
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DECISION AND ORDER This is a diversity action arising out of a contract whereby plaintiff agreed to manufacture and supply to defendant certain structural assemblies for installation in the Gathright Dam and Reservoir in Gathright Lake, Virginia. Plaintiff is seeking $285,-938.10 as the principal amount owing under the contract, plus interest, and defendant has counterclaimed for $750,000 in dama...
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OPINION On January 2, 1974, plaintiff, Bennie E. Strickland, filed application for disability insurance benefits in which he alleged his disability as “back injuries and nerve damage from a myelogram done five years ago, effecting legs and hands”. (Tr. 72-75). The application was initially denied on February 7, 1974. (Tr. 76-77). Reconsideration was denied on May 15, 1974 on the ground that the pl...
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*819 MEMORANDUM ORDER This matter is before the Court on defendant’s two motions to strike certain claims and allegations made in the context of litigation between the parties on the validity of defendant’s American patent, U.S.Pat. No. 3,484,900. The claims against which defendant’s motions are directed center on alleged misuse of the patent which could render the patent unenfor...
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MEMORANDUM OPINION This is an action for the refund of interest and penalties collected from the plaintiff with respect to the years 1970 through 1972 in the total amount of $5,361.41, plus interest and costs according to law. Two questions are before us on plaintiff’s motion for summary judgment and the defendant’s motion to dismiss. Defendant contends that the Court does not have jurisd...
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MEMORANDUM OPINION This is an action for false arrest and imprisonment brought by plaintiff, a witness in a federal criminal trial in the United States District Court for the Northern District of Indiana, against an Assistant United States Attorney of that district. Plaintiff alleges that his arrest and imprisonment came as a result of defendant’s “knowingly false and malicious statements” made...
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OPINION Plaintiff, Edward G. Dickinson, brought this action pursuant to Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e, et seq., the Michigan Fair Employment Practices Act, M.C.L.A. § 423.301, and Article I, § 2 of the Michigan Revised Constitution. Plaintiff claims employment discrimination on the basis of race and sex. Defendant, Chrysler Corporation...
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OPINION AND ORDER Before JOHN MINOR WISDOM, chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, JOSEPH S. LORD, III * , STANLEY A. WEIGEL, ANDREW A. CAFFREY*, and ROY W. HARPER, Judges of the Panel. This litigation consists of two actions, one in the Central District of California and one in the Southern District of New York. Each of these actions arises from the business rela...
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The Panel, pursuant to 28 U.S.C. § 1407, previously transferred several actions in this litigation to the Southern District of Texas and, with the consent of that court, assigned them to the Honorable John V. Singleton, Jr., for coordinated or consolidated pretrial proceedings with the actions pending there. In re Corrugated Container Antitrust Litigation, 441 F.Supp. 921 (Jud. Pan.Mult.Lit.1977)....
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ORDER The government instituted this action to recover a $500.00 forfeiture assessed by the Federal Communications Commission (FCC) against Summa Corporation, licensee of KLAS-TV, Las Vegas, Nevada, for what the FCC found was a “repeated” violation of the equal opportunities provisions of the Communications Act of 1934. 47 U.S.C. §§ 315 and 503. Both parties have moved for summary judgmen...
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OPINION This matter comes before the court on defendant’s motion for summary judgment. For reasons stated hereinafter, the issues presented by this motion will be treated in two stages. This first opinion is addressed to the question whether the defendant is entitled to the benefit of the statute of limitations. The resolution of the issue turns on the construction and application of the ...
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OPINION The generic term “cordon bleu” is associated the world over with the finest in haute cuisine. Unfortunately, its use has become the focal point of a long and acrimonious battle involving two European cooking schools, both of which seek to benefit in their United States business ventures from the universal regard for cuisine of cordon bleu heritage. In this diversity action, l...
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OPINION Defendant, The Great Atlantic & Pacific Tea Company, Inc. (“A&P”), moves to disqualify the firm of Breed, Abbott & Morgan and Edward J. Ross, Esq., a member of that firm, from continuing to represent plaintiffs in this action. Mr. Ross is a named plaintiff and an able and experienced member of the trial bar of this court. 1 This diversity action seeks damages for the ...
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OPINION This is a motion by defendant Eagle Star Insurance Company, Ltd., for summary judgment pursuant to Rule 56, Fed.R.Civ.P. on the ground that the action asserted against it is time barred. For the reasons given below, the motion must be granted. On or about August 1, 1973 the said defendant issued a “special multi-peril” policy of insurance, insuring the plaintiff from August 1...
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MEMORANDUM This employment discrimination suit, commenced in 1972, was settled by agreement of the parties in 1975. Plaintiffs then petitioned pursuant to 42 U.S.C. § 2000e-5(k) for an award of reasonable attorney’s fees incurred in advancing their claim. This Court granted that request, holding that plaintiffs were entitled to the benefits of the statute as prevailing parties because the...
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MEMORANDUM DECISION Defendant Jose Pablo Mangeri moves to suppress evidence seized from his apartment 1 on the morning of November 28, 1977. In October, 1977, an arrest warrant had been issued for the defendant in the Southern District of Florida, based on a complaint charging the defendant with involvement in a narcotics conspiracy. Shortly after the warrant was issued, Drug Enforcement Admi...
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MEMORANDUM OPINION AND ORDER This criminal action is based upon a grand jury indictment filed October 5, 1977 alleging that beginning at least as early as 1972 and continuing thereafter at least until December 20,1974, the exact dates being unknown to the Grand Jurors, the defendants and co-conspirators engaged in a combination and conspiracy in unreasonable restraint of interstate trade ...
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MEMORANDUM Raymond Fayerweather, a federal prisoner currently confined in the United States Penitentiary in Atlanta, Georgia, filed this action on July 1, 1977, alleging loss of certain personal property in September of 1976 when he was subjected to custodial movements involving penal institutions in Miami and Tallahassee, Florida, Atlanta, Georgia, and Lewisburg, Pennsylvania. All pendin...
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MEMORANDUM AND ORDER Plaintiff brings this suit against her former employer, defendant Xerox Corporation (Xerox) under and pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Equal Pay Act of 1963, 29 U.S.C. § 201 et seq. Jurisdiction of this Court is invoked pursuant to 42 U.S.C. § 2000e-5(f), 29 U.S.C. § 216(b) and 28 U.S.C. § 1343(4). She alleges in her fir...
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MEMORANDUM AND ORDER Plaintiff Carol Rannels, is a citizen of Pennsylvania bringing this diversity action against defendant S. E. Nichols, Inc., a corporation incorporated under the laws of the State of New York with its principal place of business in New York, alleging that defendant is liable for the torts of malicious prosecution and defamation. Although not clearly stated, jurisdictio...
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MEMORANDUM AND ORDER- NO. 3470 The Boston & Providence Railroad Corporation (“B & P”) was in reorganization under § 77 of the Bankruptcy Act for more than 30 years. A key ingredient of the ultimate termination of those reorganization proceedings was the purchase of all of the remaining B & P properties by the Penn Central Trustees on April 20, 1971, as authorized by Order No. 215 in these proceed...
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Plaintiff corporation in this case has filed and sought, relief under the provisions of Chapter XI of the Bankruptcy Act in the United States District Court for the Southern District of New York, and has notified this Court that all proceedings involving the Plaintiff have been stayed under Rule 11-44 of the Bankruptcy Rules.1 The Court has recently adopted rules of procedure to be followed when e...
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MEMORANDUM AND ORDER This cause comes before the court on defendant’s motion for summary judgment. The present case is a declaratory relief action brought by Whitney-Fidalgo to determine the coverage of certain insurance policies. The event underlying this action was the injury of a minor while working at plaintiff’s crab processing plant. In an action brought by the injured girl the Alaska Supre...
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ORDER OF DISMISSAL Plaintiff’s complaint against the United States Postal Service and Maxine Lee, an employee of the United States Postal Service, apparently attempts to allege jurisdiction based on the Federal Tort Claims Act, 28 U.S.C. § 1346(b), et seq. [hereinafter FTCA], even though the FTCA is not mentioned in the complaint. The FTCA allows persons injured by the negligence of employees of ...
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OPINION AND ORDER The Court has for consideration a habeas corpus proceeding pursuant to 28 U.S.C. § 2254. Petitioner is a state prisoner who seeks release from prison because of the alleged violation of his right to due process. More specifically, he alleges that, because of the administration of prescribed medication, he was incompetent during a portion of-his trial. Petitioner was...
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MEMORANDUM OPINION Plaintiff, executrix of the estate of Arthur Greene, deceased,- brings this action, *888 pursuant to 26 U.S.C. § 7422 against the United States, for refund of $173,575.55 in estate taxes paid, plus interest from the date of overpayment. Before us at this time is plaintiff’s motion for summary judgment, supported by affidavits and financial documents. The Un...
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*1060MEMORANDUM AND ORDER This matter is before the Court on the motion to dismiss of Joseph P. Califano, in his official capacity as Secretary of Health, Education & Welfare of the United States, et al (referred to as “the United States”) brought pursuant to Federal Rules of Civil Procedure 12(b)(1) as a challenge to this Court having jurisdiction over the claims presented. The defendant’s juris...
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RULING ON MOTIONS By amended complaint filed February 13, 1978, plaintiffs in these consolidated cases assert a 42 U.S.C. § 1983 action, alleging they were physically abused by members of the Bossier City Police Department. In addition to their action against the individual defendants, plaintiffs seek recovery from the City of Bossier City. The City has filed motions to dismiss for want of ju...
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MEMORANDUM AND ORDER Plaintiff, General Foods Corporation, seeks to recover damages from the defendants, Penn Central Transportation Company and the United States, arising out of the allision of the SS YORKMAR with the Penn Central Railroad Bridge over the Chesapeake and Delaware Canal on February 2, 1973. The complaint states that plaintiff owned and operated a manufacturing plant in Dov...
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MEMORANDUM This matter came before the Court on the basis of defendant’s motion to be admitted to bail. After an evidentiary hearing at which defendant waived by counsel his right to be present and called six witnesses, I find and rule as follows: *396Defendant Alan H. Abrahams, a/k/a James A. Carr, is presently under a one-count indictment in this Court for violation of 18 U.S.C.A. § 1001. He is...
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OPINION This is a civil rights action brought under 42 U.S.C.A. § 1983. Plaintiffs challenge conditions of confinement at the Massachusetts Correctional Institution in Concord (M.C.I. Concord). Jurisdiction is claimed under 28 U.S.C.A. § 1343(3) and (4). Plaintiffs in this action include the M.C.I. Concord Advisory Board (Board), purporting to act on behalf of all inmates at M.C.I. Concord; var...
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OPINION I. INTRODUCTION Plaintiffs are all members of the West-wood Christian Reformed Church of Kalamazoo, Michigan, and during the years in question the following payments were made to the church: 1967 1968 1969 Haak $1326 $1725 Visser $3850 $2600 Zylstra $1985 The full amount of these payments was claimed in the taxable years noted by each of the plaintiff...
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MEMORANDUM OF DECISION Plaintiffs George and Mildred Miller are black resident citizens of Beat IV, Leflore *40 County, Mississippi. Defendant Floyd Peeples (hereinafter “Peeples”) is the duly elected, qualified and acting Justice Court Judge of Beat III of Leflore County. Defendant Curtis Underwood (hereinafter “Underwood”), is a resident citizen of Leflore County, Mississippi, and is Presid...
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MEMORANDUM OPINION This action is one of several cases filed by Kenneth Uston in this court and others over the last two years. In all, Uston has sought damages as well as injunctive relief to enjoin the respective casinos from refusing to allow him to play the game of “21”. The present action arises from an event which occurred at the Flamingo Hilton Hotel casino on June 29,1975. At approximat...
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OPINION At the end of a three-week trial involving 47 witnesses and hundreds of documents, a jury found that defendant Amstar Corporation (“Amstar”) had violated § 1 of the Sherman Act, 15 U.S.C. § 1, and was liable to both plaintiffs, Fuchs Sugars & Syrups, Inc. (“Fuchs”) and Francis J. Prael, doing business as Lewis & Company (“Prael”). Plaintiffs’ claims arose out of Amstar’s April 1, ...
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MEMORANDUM DECISION Petitioner, Andrew Walker, Jr., seeks a writ of habeas corpus, pursuant to 28 U.S.C. § 2241 and 28 U.S.C. § 2254, 1 claiming a violation of federal statutory rights created by the Interstate Agreement on Detainers Act 2 [hereinafter the Act]. He seeks relief from an order of Judge Raymond E. Aldrich, Jr., District Judge of Dutchess County, New Yor...
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MEMORANDUM OPINION AND ORDER Presently before the court are plaintiffs’ motion for partial summary judgment and defendants’ cross motion for complete summary judgment. Many factual contentions are not disputed, but others will require a fact finder’s determination. The procedural posture of the case, however, permits clarification of some of the prevalent legal issues at this stage of the litig...
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MEMORANDUM AND ORDER Plaintiff, confined at a federal correctional institution in Tennessee according to the most recent information received, filed this action under 28 U.S.C. § 1331 against the former Warden of the United States Penitentiary in Lewisburg, Pa. (Lewisburg). Plaintiff seeks damages for two periods of allegedly unconstitutional confinement in administrative segregation, first, wh...
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MEMORANDUM AND ORDER This is an employment discrimination action originally brought under both Title VII of the Civil Rights Act of 1964, 42 U.S.C. sec. 2000e, et seq. and under 42 U.S.C. sec. 1981 (1970). By order and opinion of July 19, 1976, this Court dismissed plaintiff’s Title VII count on the ground that plaintiff had failed to file charges with the appropriate commission within th...
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453 F. Supp. 17 (1978) UNITED STATES of America, Plaintiff, v. Maria E. VILLANUEVA, Defendant. No. C-77-348. United States District Court, E. D. Washington. March 21, 1978. *18 James J. Gillespie, U. S. Atty., Robert S. Linnell, Asst. U. S. Atty., Spokane, Wash., for plaintiff. Michael J. Fox, Fred A. Horning and Stephen R. Sady, of Evergreen Legal Services, Sunnyside, Wash., for defendant. ORDE...
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DECISION AND ORDER The petitioner union in this action has filed a petition to compel arbitration by the defendant Allis-Chalmers Corporation with respect to seven grievances * certified by petitioner to an impartial referee pursuant *774to the provisions of a collective bargaining agreement entered into between the parties. Respondent alleges that it has agreed to arbitrate the seven grievances ...
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ORDER GRANTING MOTION TO DISMISS Plaintiff Crouch, a self-employed income tax preparer, sued to enjoin the Internal Revenue Service from enforcing 26 U.S.C. § 6695(c), part of the Tax Reform Act of 1976, which assesses a $25 penalty against income tax preparers who fail to include their Social Security number on returns prepared for others. Plaintiff argues that such compelled disclosure of his...
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MEMORANDUM OPINION Plaintiffs in these consolidated cases seek discovery of documents which have been identified by the defendants, Beecham Group Limited and Beecham, Inc. (Beecham), in their responses to interrogatories submitted by the plaintiffs. Beech-am, however, refused to produce many of these documents, asserting the protection of the attorney-client privilege.1 Plaintiffs then filed moti...
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MEMORANDUM AND ORDER Plaintiffs are recipients of public assistance under the joint federal and state program of Aid to Families with Dependent Children (AFDC). 1 42 U.S.C. § 601 et seq. *230 They have moved for summary judgment claiming that the procedures followed by the Connecticut Department of Social Services in replacing lost, stolen, or misplaced AFDC checks...
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I Findings of Fact The Litigation This action was brought on July 25, 1973, by 26 black officers of the Police Department of the City of Savannah and by two other black persons who were applicants for hire with the Department. The defendants were the chief of police, Leo B. Ryan, the Mayor, Aldermen, City Manager, Personnel Director and the City itself. Plaintiffs alleged discrimination on the b...
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DECISION AND ORDER Petitioner seeks the issuance of a writ of habeas corpus under the provisions of 28 U.S.C. § 2254. He presently is a prisoner in state custody at the Menard Correctional Center, Menard, Illinois. This action was commenced in the United States District Court for the Eastern District of Illinois. Petitioner was granted leave to proceed in forma pauperis by Judge James L. Fore...
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MEMORANDUM OPINION After trial without a jury, the Court has made the following Findings of Facts and Conclusions of Law, pursuant to Rule 52, Fed.R.Civ.P. The case began on July 2, 1970, as a suit for declaratory relief, under 28 U.S.C. §§ 2201, 2202 by McGovney & McKee, Inc. (hereinafter “Contractor”) against the City of Berea, Kentucky (hereinafter “Berea”), to determine if Berea was a...
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MEMORANDUM The question presented in these third-party actions is whether Westvaco Corporation, a defendant in the original suits claiming damages for air pollution, or its insurance companies, third-party defendants, will bear (1) Westvaco’s defense costs, al *387 legedly $373,232.55, in defending against the original suits, and (2) Westvaco’s costs and expenses in litigatin...
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446 F.Supp. 733 (1978) QUICK SHOP MARKETS, INC., Plaintiff, v. RETAIL CLERKS INTERNATIONAL ASSOCIATION et al., Defendants. Wanda YOUNG et al., Plaintiffs, v. RETAIL CLERKS INTERNATIONAL ASSOCIATION et al., Defendants. Nos. 75-659C(3) and 75-605C(3). United States District Court, E. D. Missouri, E. D. March 20, 1978. *734 Sidney Fortus, Fortus & Anderson, Clayton, Mo., for plaintiff in No. 75-...
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MEMORANDUM AND ORDER The plaintiff counties have filed an action seeking to quiet title to certain lands located within the boundaries of the Gallatin National Forest. The land in question is a purported road right-of-way alleged to have been established by a survey conducted in 1893. The road supposedly established a route from Chimney Rock Pass, generally following what has now been designate...
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MEMORANDUM AND ORDER Plaintiff in this case moves pursuant to Rules. 55(c) and 60(b) of the Federal Rules of Civil Procedure (FRCP) for an order vacating two separate orders entered by this Court dismissing plaintiff’s claims against each defendant due to plaintiff’s default. This case is a civil rights suit arising from the termination of plaintiff’s employment by defendant as a fireman responsi...
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MEMORANDUM and ORDER The United States of America (“the Government”) instituted this suit pursuant to 26 U.S.C. § 7405 to collect an erroneous refund of federal taxes. 1 Jurisdiction exists under 26 U.S.C. § 7402 and 28 U.S.C. §§ 1340 and 1345. There are several motions before me for decision: plaintiff’s motion for summary judgment against defendant Augspurger; plaintiff’s mot...
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ORDER The Court has before it for consideration the motion of the plaintiffs to transfer this action to the United States District Court for the District of the Virgin Islands, pursuant to 28 U.S.C. § 1404(a). This action was brought to recover damages allegedly resulting from an explosion which occurred at an oil refinery owned by plaintiff Hess Oil Virgin Islands Corp. (HOVIC) and locat...
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OPINION AND ORDER Defendant, Frank Parker Osborne, was indicted on September 21, 1976, in a one count indictment, charging him with possession with intent to distribute approximately 74.2 grams of heroin, a schedule I narcotic substance, in violation of 21 U.S.C. § 841(a)(1). At his non-jury trial, which commenced on July 8, 1977, defendant admitted committing the acts underlying the substantive o...
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OPINION The issue before the Court is whether an arbitration award in a contract interpretation dispute requires this Court to enforce it by ordering wage payments to the grievants, to remand the case to the arbitrator for clarification on the issue of wage payments, or to dismiss the action on grounds that the dispute between the Union and the Company presents a new issue that should be ...
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MEMORANDUM DECISION This matter is before the court on defendant’s motion to dismiss. That motion is predicated on two grounds. First, defendant contends that plaintiff executed a full and final release of all claims or demands or causes of actions against the defendant on June 28, 1971, which fully bars this pending antitrust action. Second, defendant argues that this matter should be de...
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OPINION OF THE COURT Chemical Leaman Tank Lines has filed a “Further Complaint” asking that this three-judge court be reconvened pursuant to 28 U.S.C. § 2284, to consider plaintiff’s petition to enjoin, set aside or suspend certain orders of the Interstate Commerce Commission. These parties originally were before us in 1969. At that time, we set aside an order of the ICC which denied Chem...
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MEMORANDUM AND ORDER This cause is before the court on defendant’s motion to dismiss plaintiff’s complaint or, in the alternative, to abstain from hearing the cause pending the outcome of state criminal proceedings. For the reasons hereinafter stated, the motion to dismiss is granted in part and denied in part, and the action here will be stayed pending resolution of the state criminal proceedi...
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MEMORANDUM This is a prosecution by a nine-count indictment that charges Donald Kennedy Majors with illegal possession of unregistered, unnumbered destructive devices, and with unlawfully transporting them after having been convicted of a felony. It is charged that these offenses violate the United States Code, three sections of one title and two of another.1 The devices, as described in the nine ...
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MEMORANDUM RULING Danny Whiteside, through his mother Robbie Henry Johnson, brought this action *718 under 42 U.S.C. § 1983 to redress alleged violations of his right to procedural due process by the Superintendent of West Carroll Parish schools and the West Carroll Parish School Board in suspending Mr. Whiteside from Kilbourne High School for the remainder of the 1977-78 school year. The cas...
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OPINION Following a two-day bench trial and certain preliminary rulings, and pursuant to stipulation among the parties, this declaratory judgment action comes before the Court for decision on an issue of contractual interpretation arising out of two agreements, concluded in the 1930s, concerning the right to produce motion pictures based upon copyrighted “Hopalong Cassidy” stories. After ...
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MEMORANDUM AND ORDER 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 determination of the Secretary of Health, Education and Welfare (the “Secretary”), which denied plaintiff’s application for *72 “black lung” benefits pursuant to sections 411(a) and 412(a)(1) of the Federal Coal Mine Health and Safe...
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*853 MEMORANDUM SUMMARY On January 27, a jury found Singleton guilty of two lesser included counts of wilful failure to file tax returns, 26 U.S.C. § 7203. At the same time, the jury announced that it was unable to agree on a verdict on four counts of tax evasion, 26 U.S.C. § 7201, among them the counts which included the lesser offenses of failure to file, and a mistrial wa...
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MEMORANDUM AND ORDER The defendant, Joseph Taibe, is charged with possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Taibe moves to suppress the physical evidence seized from him at the time of his arrest on August 24, 1977. A suppression hearing was held and the following facts were established. At approximately 3:00 p. m. on August 24, 1977, Drug Enforcem...
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MEMORANDUM and ORDER Earlier than March 31, 1977, the taxpayers were under investigation by the grand jury with respect to their income tax returns for years before the taxable year 1976. The grand jury investigation had been a continuing one and in connection with it the United States Attorney under date of March 1, 1978, issued a subpoena duces tecum to J. K. Lasser & Company, requiring...
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*178MEMORANDUM OF DECISION AND ORDER These actions were consolidated for all purposes in the court’s order of April 7, 1977, and in that order the court denied plaintiff’s motion for summary judgment in No. 76-0023-Civ-2 in which plaintiff had sought a declaratory judgment determining that the matters in controversy in No. 76-0022-Civ-2 are not subject to arbitration. The order was entered withou...
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MEMORANDUM AND ORDER Plaintiff has filed this action against his former employer, defendant Industrial Personnel Corporation (IPC), and against his former Union, defendant International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local No. 773 (the Union), alleging that IPC breached the collective bargaining agreement by terminating plaintiff’s employment on A...
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INDEX Page I. Procedural History ...............1300 II. Parties.........................1300 III. Education, Training and Care (Habilitation) Afforded the Retarded at Pennhurst.....................1302 A. Staffing ....................1303 B. Habilitation at Pennhurst.......1304 C. Restraints at Pennhurst........1306 D. Deterioration and Abuse of the Resi...
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*235MEMORANDUM AND ORDER Pleas of not guilty in the above-captioned cases were entered by defendant on July 17, 1974 and January 24, 1975. On March 17, 1975, a plea of guilty was entered in criminal number 75-17; in the other cases the United States requested and received dismissals of the indictments. On August 5, 1977, more than two years after the completion of proceedings, defendant filed a m...
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MEMORANDUM AND ORDER The above-named plaintiffs brought this action on June 17,1976, against the defendants, * on behalf of the class of all mobile disabled and elderly persons who are denied ready access to, and effective use of, federally financed mass transportation by reason of the physical and structural barriers in the design of public transit equipment. Plaintiffs’ (hereinafter “Disa...
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A Federal Grand Jury has been investigating certain allegations of fraud in the United States Department of Health, Education and Welfare Student Financial Aid Programs (HEW-SFAP). Parent and Subsidiary Corporations are targets of the investigation, and there are also pending two civil lawsuits involving the'participation of the Parent and Subsidiary Corporations in *1134 HEW-SFAP. 1 Two indi...
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ORDER This Court, having received and reviewed the Proposed Findings and Recommendations of the United States Magistrate, Maurice G. Taylor, Jr., made pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B), having reviewed the record in this proceeding, and having received no objections from either party, does hereby ORDER that, for the reasons set forth by the Magistrate in his opinion which i...
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RULING ON MOTION TO DISMISS ADVERSARY PROCEEDING This controversy arises from the pending bankruptcy litigation concerning National Telephone Company, Inc. and its wholly-owned subsidiary, National Telecommunications Systems, Inc. (hereinafter “the debtors”). A stockholders’ committee claiming to represent approximately 62% of the issued and outstanding stock of the debtor corporations has brought...
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MEMORANDUM DECISION Before the court is motion of defendants to dismiss this action. One ground for the motion is that plaintiff has failed to exhaust her administrative remedies. a court should not review internal military affairs in the absence of (a) an allegation of the deprivation of a constitutional right, or an allegation that the military has acted in violation of applicable statutes or it...
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ORDER OF REMAND This cause came on for consideration upon plaintiff’s motion for remand and defendants’ motion for leave to amend their removal petition. The court, having considered the record and being fully advised in the premises, finds and concludes that the motion for remand should be granted and the motion to amend should be denied. This action was brought originally in the Ci...
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MEMORANDUM OF DECISION This is a habeas corpus proceeding pursuant to 28 U.S.C. § 2254, wherein petitioner, Anthony Esperti, seeks release from confinement because of alleged violation of his sixth amendment right to speedy trial by the respondent, State of Florida. The petitioner was indicted in Dade County, Florida, on January 16, 1968, for the murder of Thomas Altamura. On March 4, 1968, petiti...
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DECISION ON MOTIONS TO BAR RETRIAL In April 1975, the Grand Jury indicted Masaichi Ajimura and his wife, Yuriko Ajimura, on three counts of tax evasion. 1 According to the indictment, the defendants had jointly reported no taxable income for 1968, 1969, and 1970, when their taxable income had been $9056.31, $25,799.36, and $20,462.85, respectively. Accordingly, their tax payments would have b...
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DECISION AND ORDER ON PLAINTIFF’S MOTION TO REMAND This action was commenced in the Circuit Court of Peoria County on December 13, 1977, by the Peoria and Pekin Union Railway Company (P&PU), charging the defendant, Chicago and North Western Transportation Company (C&NW), with breach of contract. It was subsequently removed to this court upon the defendant’s petition, under the provisions of the r...
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MEMORANDUM AND ORDER Plaintiff was an authorized Chrysler-Plymouth dealer in Mankato, Minnesota. In 1972 it was forced to move from its downtown location by a federally funded urban renewal project. Seeking to rebuild in the outskirts of Mankato, plaintiff sought financial assistance from the Small Business Administration (SBA). On October 6, 1972, the SBA made a direct loan to plaintiff in the...
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT Based upon the evidence adduced at trial * and upon all of the files, records and proceedings herein, the Court finds as follows: FINDINGS OF FACT 1. Plaintiff, Alafoss, h. f., (Alafoss) is a corporation organized and existing under the laws of the Republic of Iceland and at all relevant times was engaged in the export and sale o...
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MEMORANDUM ORDER In this action, named plaintiffs Catherine Flora, Dorothy Westmoreland, Dorothy Copeland and Leola Gladney, all black females, seek declaratory, injunctive and monetary relief for alleged employment discrimination by defendant Calhoun County Hospital, its administrator, executive housekeeper and director of nursing services. By their complaint, plaintiffs bring this action not on...
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OPINION This is a derivative action on behalf of Zapata Corporation (“Zapata” or the “Corporation”) for alleged violations of various provisions of the Securities Exchange Act of 1934 1 (the “Exchange Act”) and of the common law. Jurisdiction is asserted under the Exchange Act, 2 diversity of citizenship 3 and the principle of pendent jurisdiction. The def...
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The United States brings this action under the Federal Medical Care Recovery Act, 42 U.S.C. § 2651, and the Declaratory Judgment Act, 28 U.S.C. § 2201. The Government seeks to recover the reasonable value of medical care and treatment furnished to defendant Michael Leonard at the Government’s expense and, in addition, requests a permanent injunction against defendant Leonard instituting or pursui...
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OPINION This is a civil rights action for allegedly unconstitutional dismissal from public employment. The plaintiff, Marita K. Boyce, alleges that she was employed by the School District of Philadelphia until her dismissal in the spring of 1976; that on March 6, 1976, she was informed “that she was being laid off from her job”; that after exhaustion of accumulated vacation pay, she was r...
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OPINION This action was brought pro se by Arturo Parrilla, an inmate at the State Correctional Institution at Graterford, against the prison superintendent (“Warden”), Julius T. Cuyler; Commissioner of Correction William B. Robinson; and a prison ophthalmologist, John Negrey. Plaintiff alleges that defendants violated his civil rights 1 by affording him inadequate medical treatment. Cuyler ...
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MEMORANDUM This is a land condemnation case involving 67.59 acres of land situated in Hunting-don County, Pennsylvania, which the United States Government acquired from the Condemnees, Daniel C. Morningstar and his wife, Martha Morningstar, for part of the Government’s Raystown Lake Project. The case was tried before a jury, and on September 28,1977, the jury returned a verdict in the amount of $6...
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MEMORANDUM AND ORDER The original complaint in this civil rights action was filed as a class action on July 6, 1977 by fifteen plaintiffs who at that time were inmates at the Lycoming County Pris*231on, Williamsport, Pa. (hereinafter referred to as the prison). After appointment of counsel, an amended complaint was filed as a class action on October 25,1977 by fifteen plaintiffs who were or had b...
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MEMORANDUM ORDER The Plaintiff has brought this suit under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, seeking to compel the Federal Bureau of Investigation (FBI) to release certain documents from its files. The Plaintiff also seeks an award of attorneys’ fees as provided in 5 U.S.C. § 552(a)(4)(E). Jurisdiction is vested in this court under 5 U.S.C. § 552(a)(4)(B). At the time thi...
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DECISION and ORDER Both defendants have moved for summary judgment. The plaintiffs are a group of *1129fourteen truck drivers who urge that their seniority rights have been impaired by the defendants’ conduct. More specifically, the defendants are alleged to have combined and conspired to provide “super-seniority” for Harold Doescher and William Lamb, in violation of the terms of the collective ba...
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MEMORANDUM This action is brought by plaintiff Jefferson Pilot Broadcasting Company against Hilary & Hogan, Inc. (“Hilary”), and J. Hilary Cox, Jr., J. D. Hogan, Jr., Nancy P. Cox, and John H. Cox, Sr., purportedly officers, directors, and controlling stockholders of the corporation. Douglas O. Benton, Director of the Alabama Bureau of Publicity and Information, also was originally joined...
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MEMORANDUM OPINION Plaintiff, an Arabian, brings this action against his former employer, Burns International Security Services, Inc., alleging that Burns discriminated against him in his. employment on the basis of race, color, religion, sex and national origin. Plaintiff seeks relief pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ...
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MEMORANDUM OPINION The Environmental Defense Fund, Inc. (EDF), a nonprofit corporation concerned with the preservation and improvement of the environment, brings this action to challenge the decision of Douglas M. Costle, Administrator of the Environmental Protection Agency (EPA), to defer implementation of § 165(a) of the 1977 Amendments to the Clean Air Act 1 (Act) beyond Aug...
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*1043 OPINION Presently before the Court are two motions: a “Motion for Injunction Pendente Lite” 1 filed by the New Castle County Planning Board of Education (“NCCPBE”) and a “Motion that the Court Modify its Order of January 9,1978” 2 filed by defendant Delaware State Board of Education (“State Board”). 3 The subject matter to which both motions...
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MEMORANDUM OF DECISION The defendant filed a Motion to Dismiss on 23 March 1977. The primary grounds urged in support of the motion are: (1) the action was not commenced within the period provided by the statute of limitations; (2) consumer redress authorized by Section 206(a) of the Federal Trade Commission Improvement Act extends only to injury from conduct which follows and is violative of a...
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OPINION Findings of Fact and Conclusions of Law I This is an action by Hunt-Wesson Foods, Inc., pursuant to 49 U.S.C. § 304(a), against Central Truck Lines, Inc., a motor carrier subject to regulation under the Interstate Commerce Act. Plaintiff sues to recover alleged overcharges by Central, totalling $12,172.35, in violation of Tariff 169-Q of *1110 the Southe...
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MEMORANDUM OPINION Plaintiff Chromium Industries, Inc. (Chromium), an Illinois corporation with its principal place of business in Illinois, is en *547 gaged in the business of applying certain coatings and finishes to roller surfaces which are used in industry for shaping, forming and guiding various materials. One of these coatings consists of applying a fluorocarbon polyme...
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MEMORANDUM DECISION Petitioner brought this action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On September 29,1976, we granted respondent’s motion to dismiss because petitioner failed to exhaust his state court remedies by filing a post conviction petition. On October 13, 1976, we denied petitioner’s motion to vacate. The Seventh Circuit Court of Appeals affirmed the decision on...
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*355MEMORANDUM OPINION The instant diversity action seeks recovery by plaintiffs of benefits under the basic life, accidental death and family benefit provisions of an insurance policy issued on June 1, 1975 by defendant to the insured, Salvatore P. Floramo, Jr. Defendant, Monumental Life Insurance Co. of Baltimore, Md. (Monumental), has raised the defense of suicide by the insured within two yea...
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ORDER Plaintiff brings this action in tort, claiming that she was defrauded and deceived by defendants in a transaction with them involving a real estate loan. Jurisdiction is *343based upon diversity of citizenship. 28 U.S.C. § 1332. By motion filed January 30, 1978, defendants have asked that the Court quash or set aside service of process or, in the alternative, dismiss the action for lack of ...
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MEMORANDUM AND ORDER INTRODUCTION Plaintiff teachers, supervisors and administrators, in two related cases (77-C-2155, 77-C-2278), challenge a September 7, 1977, “Memorandum of Understanding” (Agreement) entered into by the New York City Board of Education and the Office of Civil Rights (OCR) of the United States Department of Health, Education and Welfare *1206 (HEW) th...
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OPINION I The migrant farmworker plaintiffs in these consolidated actions seek to vindicate certain statutory and common law rights which they allege were infringed by the defendants, apple growers and associations of apple growers in the Hudson Valley and certain of their officers and shareholders. Plaintiffs assert that they are entitled to declaratory and equitable relief as well ...
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MEMORANDUM AND ORDER This is a class action brought to redress alleged violations of section 804 of the Fair Housing Act of 1968 (Title VIII), 42 U.S.C. § 3604; 42 U.S.C. §§ 1981 and 1982; and the thirteenth amendment. Jurisdiction is based on 42 U.S.C. § 3612 and 28 U.S.C. § 1343. Plaintiffs, the Wheatley Heights Neighborhood Coalition, an ad hoc group of white and black residents of the Whe...
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MEMORANDUM-DECISION AND ORDER This action is brought by a veteran who contends that defendant’s refusal to credit the period of his military service toward the vesting of his rights in defendant’s pension plan and toward the computation of pension payments under said plan violates 38 U.S.C. § 2021 et seq. (hereinafter referred to as the Act). 1 The case is now before...
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MEMORANDUM AND ORDER Following the decision of the United States Supreme Court in Alabama Power Co. v. Davis, 431 U.S. 581, 97 S.Ct. 2002, 52 L.Ed.2d 595 (5th Cir., June, 1977), the United States Court of Appeals for this circuit vacated this court’s judgment in favor of the defendant and remanded the case for reconsideration in light of Alabama Power. In the last paragraph of its memorandum and o...
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ORDER This matter is before the Court upon an agreed statement of material facts and cross motions for partial summary judgment on Plaintiff’s rent supplement claims as set forth in the second amended complaint (Ys 3, 61-87). Plaintiffs herein are owners of low and moderate income housing projects insured under sections 236 and 221(d)(3) of the National Housing Act (NHA), 12 U.S.C. § 1701 et ...
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MEMORANDUM Plaintiff, Paul C. McCann (McCann) and defendant, Jeffrey R. Pierson (Pierson) were, at one time, business partners whose association and resulting business ventures have produced this litigation involving certain additional persons or entities. Before the Court are the motions of defendants, Jeffrey R. Pierson, American Carbon Seals, Inc., and R & R Equity, Inc. (referred to as the “P...
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CLASS CERTIFICATION ORDER Joan Vuyanich filed the first of these two Title VII actions on March 22, 1973, five years ago and almost four years after she filed her EEOC charge on August 15, 1969. Ellen Johnson filed her EEOC charge on October 15, 1971, and filed her suit on December 3, 1973. Both are black women and both allege that they are victims of the defendant’s discriminatory employment pra...
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MEMORANDUM Senators Howard M. Metzenbaum and Barry M. Goldwater have filed this suit to enjoin Secretary of Defense Harold Brown and Secretary of the Navy Graham Clay tor from purchasing 22 turboprop light utility transport airplanes (CTX aircraft) for the Navy without advertising for competitive bids. The Senators claim the purchase would violate their constitutional right to vote as Sen...
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MEMORANDUM ORDER ON RESPONDENTS’ MOTION FOR RECONSIDERATION Respondents urge us to reconsider our ruling of January 16, 1978 setting aside the convictions of petitioners Roosevelt Castle-berry, Otto Dean and Gene Dean upon the ground that we did not find that prejudice or harm resulted to petitioners by the inadequate representation afforded them. In United States ex rel. Ortiz v. Sielaff, 404 F.S...
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Defendant was indicted on two counts for violation of the fourth paragraph of section 474 of Title 18 which states: Whoever has in his control, custody, or possession any plate, stone, or other thing in any manner made after or in the similitude of any plate, stone, or other thing, from which any such obligation or other *238security has been printed, with intent to use such plate, stone, or other...
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MEMORANDUM OPINION This is a motion for partial summary judgment brought by defendant Fargo Machine & Tool Company. The primary issue on this motion is the validity of Pettibone’s reissue patent # 28,659. Facts The Beardsley & Piper Division of Plaintiff Pettibone has been' producing and selling mixing-mulling machines to the foundry industry for the preparation of molding sands used in the cas...
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MEMORANDUM AND ORDER Petitioner, presently confined at the United States Penitentiary, Leavenworth, Kansas, has filed a pro se motion to vacate sentence pursuant to 28 U.S.C. § 2255. He asserts that the revocation of his probation on 7 January 1977 was illegal. Before turning to the merits of petitioner’s claim, it is necessary to summarize his involvement with this and other federal courts...
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OPINION Plaintiffs move for leave to file and serve a verified amended complaint pursuant to Rule B(l) of the Supplemental Rules for Certain Admiralty and Maritime Claims (“Rule B(l)”). The amended complaint would seek to attach the property of certain foreign defendants in order to obtain jurisdiction quasi in rem. Plaintiff, Tel-E-Lect, Inc. (“Tel-E-Lect”), also moves for leave to amend...
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ORDER This habeas corpus application was submitted by James Lewis Cole, a state court prisoner who alleges the violation of his Fourteenth Amendment rights. Petitioner entered a not guilty plea to a charge of murder. Upon this plea, he was tried by jury, convicted of second degree murder, and sentenced to imprisonment for a period of from twenty to thirty years. His conviction was upheld by the...
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MEMORANDUM OPINION AND ORDER In this class action alleging racial discrimination by the City of Akron, Ohio, in the hiring and promotion of police and fire officers, the Court on January 31, 1975, issued its order and decree which found, on the basis of disproportionate impact on the plaintiffs, that defendants had used hiring procedures which discriminated on the basis of race in the hiring of...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action was tried before the Court on March 9, 1978. The parties were represented by their respective counsel of record. Plaintiff contends that defendant refused to hire him because he had been unemployed nine months and since percentage-wise more blacks are always unemployed than whites such reason for refusing to hire operates to discriminate against ...
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ORDER This is a proceeding for writ of habeas corpus by a federal prisoner confined at the Federal Correctional Institution at El Reno, Oklahoma in this judicial district. On June 6, 1972, the petitioner was convicted in the United States District Court for the Southern District of Texas of a violation of Section 841(a)(1) of Title 21, United States Code, Unlawful Possession With Intent to Dist...
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MEMORANDUM In this sex discrimination case under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., Plaintiff alleges that her refusal of sexual advances made to her by her supervisor resulted in unjustified criticism, harassment and eventual discharge from her employment with the Pennsylvania Department of Community Affairs. Defendants have moved for summary judgment o...
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OPINION The defendant, Jack H. Pincus, M.D., has been named in an indictment charging him with one count of conspiracy in violation of *6718 U.S.C. § 371 and with seventeen counts of mail fraud in violation of 18 U.S.C. § 1341. Dr. Pincus has moved to suppress certain evidence seized by federal agents during a search of his office at the Professional Complex, 3940 Northern Pike, Monroeville, on N...
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ORDER Since Congress, in all of its wisdom, has determined that federal district courts should preside over consumer complaints against finance companies relating to technicalities in language used in loan documents in which the lofty sum of $100 is at issue, this Court must now proceed to wade through the morass of technical regulations issued by the Federal Reserve Board in an attempt to reac...
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OPINION AND ORDER Plaintiff Chittenden Trust Company brings this diversity action as executor of the estate of Louis Quintal for damages arising from defendant’s wrongful filling of a prescription for Mr. Quintal. Plaintiff’s action is in negligence, breach of warranty and strict liability; it is not for wrongful death. Defendant, the sole proprietor of a pharmacy in Iberville, Quebec, ha...
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DECISION and ORDER The defendant Teamsters “General” Local Union 200 has filed a motion for reconsideration of my decision and order dated January 19, 1978, in which I determined that this action should be remanded to the Wisconsin Employment Relations Commission (WERC). The motion has been fully briefed. Upon reconsideration, I conclude that the action should not have been remanded to th...
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DECISION and ORDER The defendants have moved for summary judgment. They contend that they may not be sued as individual board members because if “acting alone” they could not have been acting under color of law. The defendants also argue that the complaint seeks damages for injury to reputation, which the defendants urge is not cognizable by this court pursuant to Paul v. Davis, 424 U.S. 693, 96 S...
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MEMORANDUM AND ORDER The defendant in the above-entitled action has moved to dismiss Count I of this action on several grounds as set forth in its memorandum. The initial basis for the motion is that Count I of the complaint is barred by the applicable statute of limitations. At a status conference held in this matter on November 17, 1977, the Court issued a memorandum and order in t...
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*351 MEMORANDUM This is an action in which plaintiffs 1 seek to restrain the Director of the Defense Mapping Agency (“DMA”) and the Secretary of Defense from effectuating the consolidation and collocation of the DMA Hydrographic Center (“DMAHC”) and the DMA Topographic Center (“DMATC”) at the DMATC headquarters located in Brookmont, Maryland. The case was consolidated for hearing on prelimi...
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RULING ON MOTION TO REMAND This motion to remand a suit removed from state court appears to present an issue of first impression as to the jurisdiction of a federal court to hear a claim for malicious prosecution of a civil suit, where the prior suit had been brought pursuant to a federal statute. The dispute stems from an incident in which Michael Sweeney, a New Haven police officer...
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By her complaint, plaintiff Mary Hodgin has charged her former employer, defendant Security Savings and Loan Association, and several Security officers with discriminating against her and other women on the basis of sex. Plaintiff’s complaint is based upon Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e-5 (1970), the “Ku Klux Klan” Civil Rights Act, 42 U.S.C. § 1985 (1970), and severa...
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OPINION AND ORDER This matter now pends on defendant Horace Mann Mutual Insurance Company’s Motion for Summary Judgment. I FACTS Defendant Horace Mann Mutual Insurance Company and plaintiffs Loretta Palmisano, Kendra Dawn Metcalf, and Allanson Douglas Rawdon have agreed to the following facts: On November 28, 1976, a 1965 Chevrolet Impala, driven by defendant Brandt Eric Kingsbury and o...
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446 F.Supp. 698 (1978) CHASE MANUFACTURING, INC., Plaintiff, v. UNITED STATES of America, Defendant. No. 76-845C(3). United States District Court, E. D. Missouri, E. D. March 13, 1978. *699 Glenn A. Altman, Walker & Williams, Belleville, Ill., for plaintiff. Max H. Lauten, Trial Atty., Tax Division, U. S. Dept. of Justice, Washington, D. C., Robert D. Kingsland, U. S. Atty., U. S. Dept. of Ju...
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MEMORANDUM Tyrone Jerome Kelly, a federal prisoner, has moved to vacate and set aside the sentence imposed upon him in Criminal Cause No. SS N 75-2 Cr. 28 U.S.C. § 2255. On May 30,1975, following a jury trial in which he and two co-defendants were convicted of aiding and abetting a bank robbery, Kelly was sentenced to twenty years imprisonment. The conviction was affirmed on appeal. United States ...
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On November 23, 1977, the New York Coffee and Sugar Exchange, Inc. (“Exchange”), a commodities futures trading market, exercised its emergency powers by ordering the reduction of all holdings in coffee futures contracts.1 This action was taken amid reports that some coffee producing nations were attempting to drive coffee prices up. The Commodities Futures Trading Commission (“Commission”) and the...
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MEMORANDUM AND ORDER This case involves a suit for an injunction restraining defendants from maintaining an alleged policy of denying plaintiff building permits on the basis of color or race in contravention of plaintiff’s federal civil rights. Plaintiff’s application to subdivide his property for the purpose of building a dwelling thereon was denied on June 10, 1976, by defendant Babylon Board of...
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MEMORANDUM AND ORDER Plaintiff in this case moves pursuant to Rule 60(b) of the Federal Rules of Civil Procedure (FRCP) for an order vacating this Court’s dismissal of this matter due to plaintiff’s failure to appear for a pretrial conference. This case is a wrongful death action arising out of a somewhat bizarre and a very unfortunate set of circumstances. On March 17, 1975, at about 4:00 P.M., a...
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MEMORANDUM AND ORDER This action to compel the Register of Copyrights and the Copyright Office to register plaintiffs’ claims to renewal and extension of the copyright in each of a series of comic books published by plaintiffs’ predecessors, is the culmination of a ten-year struggle. The controversy centers upon a question of first impression concerning the construction of the copyri...
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OPINION This is an action by Bache Halsey Stuart Inc. (“Bache”), a brokerage firm, against two individuals, Mr. and Mrs. Arthur B. Namm, alleging violations of section 4b of the Commodity Exchange Act, 7 U.S.C. § 6b (1970), in connection with the opening and conduct of a commodities futures trading account in the name of Mrs. Namm’s mother. Bache seeks to recover an account deficit of som...
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MEMORANDUM OPINION AND ORDER Defendant Charles W. Deaton, a.k.a. C. W. Deaton (“Deaton”), was charged in a six-count indictment on May 28, 1976, with committing the following crimes in the Northern District of Ohio and elsewhere: conspiracy to misapply funds of the Northern Ohio Bank of Cleveland (Count I); willful misapplication of said bank funds (Count II); making of a materially false state...
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MEMORANDUM OPINION AND ORDER Plaintiff Mildred Barham has moved that in these actions the Court order that the testimony of witnesses deposed by plaintiff may be recorded by tape recorder, pursuant to Rule 30(b)(4), Fed.R.Civ.Proc. *341Plaintiff relies in large part on Colonial Times, Inc. v. Gasch, 166 U.S.App.D.C. 184, 509 F.2d 517 (1975) which states in pertinent part: The range of the trial j...
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MEMORANDUM OPINION AND ORDER This applicant for the federal writ of habeas corpus, a Negro, complains that he was tried, convicted and is incarcerated by the respondent under an indictment returned by a grand jury constituted exclusively of white persons and as to which there was substantial underrepresentation of Negroes and black persons resulting from purposeful discrimination. It was determine...
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ORDER Came on this day for consideration by the Court Plaintiffs’ motion to certify this case as a class action. After careful consideration of the pleadings, Plaintiffs’ motion, the evidence adduced at the hearing on Plaintiffs’ motion on February 22, 1978, and the briefs submitted by the parties, the Court is of the opinion that this case should be certified as a class action pursuant to Rule 2...
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DECISION AND ORDER The plaintiff, National Acceptance Corporation of America (“NACA”) has moved for partial summary judgment on its claim that the defendants Arthur and Marlyn Doede are liable for conversion of certain property in which NACA claimed a security interest and has also moved for recovery of certain costs and expenses. For the reasons hereinafter stated, the motion for summary judgment...
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MEMORANDUM OPINION The plaintiff, Husky . Oil Company (Husky), brought this action seeking injunctive relief from a final administrative order of the Department of Energy (DOE) denying Husky’s application for an adjustment in the standard of exception from the crude oil entitlement program. 10 CFR Section 211.67. This Court has jurisdiction over the action pursuant to 15 U.S.C. Sections 754(a)(1)...
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JUDGMENT AND ORDER This is an action under 42 U.S.C. § 1983 by an inmate at the Colorado State Reformatory in Buena Vista, Colorado. Plaintiff alleges that his rights under the eighth amendment to the Constitution of the United States have been violated by the Supervisor of the Reformatory Clinic and an oral surgeon working under his direction in failing to perform an operation for Tempromandib...
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ORDER ON MOTIONS FOR NEW TRIAL On October 5, 1977, while this case was pending on appeal, the Assistant U. S. Attorney appearing as counsel for the Government notified defense counsel by letter that: “I have recently learned that the legal fees for Ellis Marlow Haskew, a defendant-witness in the above-captioned case were paid by the Florida Department of Criminal Law Enforcement to Mr. Haskew’s...
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MEMORANDUM OPINION Before the court is defendant System Federation’s motion for summary judgment and enforcement of Award No. 386 of Special Board of Adjustment No. 570. We will grant summary judgment on all three Counts. This action was brought by plaintiff Merchants Despatch to review an adverse decision by the Special Board. Merchants Despatch and System Federation are party to a ...
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MEMORANDUM ORDER I. FACTUAL BACKGROUND Cooperative Power Association (CPA) and United Power Association (UPA) are Minnesota cooperative associations. Both are engaged in the business of the generation and transmission of electric power to their respective members. CPA’s members are 19 rural electric cooperative distribution systems. CPA’s member cooperatives serve residential, agricu...
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MEMORANDUM This matter is before the Court upon the motions of defendants Joanne Moran and Philip Gallop to dismiss plaintiff’s pro se complaint. Plaintiff has filed an “Affidavit of Bias and Prejudice” seeking disqualification of the judges of the Eastern District of Missouri, with the exception of the Honorable Edward L. Filippine because Each judge has inflicted punishment without a presentmen...
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OPINION Defendant Anthony La Duca stands convicted of willful embezzlement of funds of the Paper Industry Union Management Pension Fund, in violation of 18 U.S.C. § 664. He now moves, pursuant to Rule 33 of the Federal Rules of Criminal Procedure, for a new trial on the ground of newly discovered evidence. The claimed newly discovered evidence consists of the testimony of La Duca’s co-def...
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In 1969, David Schick applied for the position of Patrolman with the New York City Police Department. Although he passed the written examination, Schick’s application was rejected because he failed to meet the 5' 7" height requirement then in effect for the job. *335 At the time of Schick’s application, -the position of Patrolman was open only to men. Women were considered for the...
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Charles and Emma Rogers are residents of Kingston, New York, where they operate an establishment known as “Sandwich Craft.” On December 5, 1977, they were arrested at their residence on allegations of having violated the zoning ordinance of the City of Kingston, by operating a restaurant of a type not permitted in the zoning district. They bring this civil rights suit claiming that the zoning o...
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ORDER Plaintiff originally brought this action in the District Court of Pushmataha County, Oklahoma, seeking damages for injuries he allegedly received when an automobile driven by Defendant Joe R. Calhoun (Calhoun), Plaintiff’s brother, in which Plaintiff was a passenger, was struck by Defendant John Doe, an unidentified hit and run driver. Plaintiff’s Complaint (Petition) alleges t...
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MEMORANDUM OPINION AND ORDER Complaint alleges wrongful seizure of two automobiles allegedly belonging to plaintiff by agents of the Internal Revenue Service. The automobiles were levied upon and seized to satisfy the unpaid tax liability of Tracy C. Poe and Barbara Poe, husband and wife. Tracy C. Poe is the president and sole owner of plaintiff corporation. Count I of the complaint alleges wro...
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OPINION In a very ancient Greece questions of extreme gravity, private, dynastic and public, from all the cities and states of the Hellenic world were submitted to the Oracle at Delphi. It was truly a national tribunal. However, the answers to the questions posed were spoken by a priestess in an unknown tongue, and were interpreted by a priest in a form of poetry. Sometimes the answer lost someth...
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OPINION AND ORDER INDEX I. Preliminary Statement 10 II. Findings of Fact on Defendants’ Motions 14 A. The Prison and the Visiting Programs ^ B. The Claims for Modification 16 1. Increases in the Prison Population and in Contact Visitation 16 2. Security Risks; Alternative Measures 16 3. Contraband 17 4. Impact on Rehabilitation Programs 18 5. Increased Costs 19 6. Inequitable Aspects of the Daily ...
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MEMORANDUM OPINION AND ORDER The plaintiffs, having prevailed on the merits, now seek to recover their attorneys’ fees. Before determining whether the amount they have requested is reasonable and justified, it is necessary to determine whether there exists a basis for allowing an award of attorneys’ fees to the prevailing litigant in a case of this nature. I. Procedural Backgro...
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OPINION On February 6, 1975, the plaintiff, Manuel L. Levine, brought this action pursuant to the Motor Vehicle Information and Cost Savings Act of 1972, Sub Chapter IV, Odometer Requirements, 15 U.S.C. § 1989(b), against Ark-Les Switch Corp. (Ark-Les), Norman E. MacNeil, Cambridge Imported Cars, Inc., Carib Auto Sales, Inc., Grossman Motor Car Corp., and A1 Schwartz, Incorporated. 1 The comp...
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MEMORANDUM OPINION AND ORDER The defendant Mr. Lloyd Cecil Quillen moved the Court to dismiss the indictment returned against him herein on the grounds that there was an unnecessary delay in the presentation of the charge to a grand jury, Rule 48(b), Federal Rules of Criminal Procedure, and that the attorney for the government violated the pertinent provisions of the Speedy Trial Act, 18 ...
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MEMORANDUM The Court has before it defendant’s motion of 30 January 1978 moving the Court to vacate its order of 13 January 1978. A review of the procedural record in this case may be helpful. The complaint was filed on 22 April 1977. On 18 May a stipulation was entered into between the parties extending time for defendant to answer to 15 June 1977. Nothing further appears in the record until 22 ...
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On Motion for Reconsideration MEMORANDUM Over defendant’s strenuous objections the Court granted plaintiff Secretary leave to file an amended complaint in this action. Though the purpose for which this action had originally been brought had been fully disposed of by agreement of the parties, the Secretary asserted that there were other election irregularities which he was obligated to bring forwa...
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MEMORANDUM OPINION AND ORDER PRELIMINARY STATEMENT OF FACTS Bernard F. Montoya is presently an inmate at the Colorado State Reformatory located in Buena Vista, Colorado. On November 9, 1977 he filed a civil rights action in this court pursuant to 42 U.S.C. § 1983. He alleges denial of his first amendment right to freedom of religion and denial of his eighth amendment protection from cruel and...
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RULING ON MOTION TO SUPPRESS Defendant, Benjamin Carr, Jr., is charged with receiving three shotguns and one rifle *1385 in violation of § 902 of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. § 922(h)(1). This statute prohibits convicted felons from receiving firearms that have crossed state lines. On August 17, 1976 the New Haven Police arrested defendant on charges of ...
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OPINION Six oil companies 1 instituted these actions to challenge the Federal Energy Administration’s (“FEA”) belated interpretation of a regulatory scheme affecting prices from January 1, 1975 to February 1, 1976 (“the relevant period”). That interpretation required refiners .to allocate monthly sales revenues first to the recoupment of all increased “product costs’’ (primaril...
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OPINION In this diversity action the Court is confronted with the frequently faced and often intriguing task of deciding how a state supreme court would rule on an issue on which the state courts have not spoken. Specifically, the question is whether the Delaware Supreme Court would declare the two year statute of limitations in 10 Del.C. § 8119 1 or the three year statute of limitations in...
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OPINION Plaintiff, a former teacher, has sued the Delaware State Education Association, Inc. (“DSEA”) and the Board of Education of the DeLaWarr School District for damages and reinstatement, alleging that she was discharged without being afforded certain procedural rights. Defendant DSEA has moved to dismiss the complaint on the grounds, inter alia, that the applicable statute...
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ORDER An Indictment naming Bartholomew O’Shea and Milton K. Pinder as defendants was superseded by an Indictment which charged those defendants and a third defendant, Howard R. Lawson, with conspiracy to import marijuana, importation of marijuana, and possession with intent to distribute marijuana. The third defendant, Howard R. Lawson, filed multiple motions including a- Motion for Productio...
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ORDER This employment discrimination action is currently before the court on defendant Keebler Company’s unopposed motion for sanctions pursuant to Rule 37(d), Fed.R. Civ.P., on the ground that on three separate occasions plaintiff’s counsel has cancelled previously agreed upon dates for plaintiff’s deposition. This occurred twice within two hours of the scheduled deposition. By affidavit, defenda...
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MEMORANDUM DECISION Plaintiff worked as a general maintenance man for Western Beverage Corporation in Twin Falls, Idaho, until October 5, 1974, on which date his employment terminated. On February 10, 1975, he applied for and was subsequently granted unemployment compensation benefits by the Idaho Department of Employment in accordance with the Idaho Employment Security Law, Idaho Code §§...
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Before me is plaintiff’s petition for a preliminary injunction and defendant’s motion to dismiss. After hearing oral argument and the evidence presented by both sides, and considering memorandums of law by the parties, I have reached the following conclusions. FACTS For purposes of the present motions there does not appear to be a significant dispute as to the facts. Plaintiff is a communicat...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Findings of Fact 1. This suit was brought as a would-be class action against the Sisters of Charity of the Incarnate Word of Louisiana, whose correct corporate name now is Sisters of Charity of the Incarnate Word, Shreveport, Louisiana (incorrectly cited as Schumpert Medical Center in the original complaint), a religious, non-profit in...
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OPINION AND ORDER In November 1975, the Teachers’ Retirement System of the City of New York (the “TRS”) and four other municipal pension funds 1 agreed to purchase New York City bonds in the principal amount of $2.53 billion over a period of approximately two and a half years as part of a financial plan to stave off the City’s potential bankruptcy. The TRS, by authorization of ...
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MEMORANDUM AND ORDER This is a shareholder’s derivative action brought on behalf of International Telephone and Telegraph Corporation (“ITT”) against Mediobanca, S.p.A. (“Mediobanca”) (formerly known as Mediobanca Banca di Crédito Finanziario-Societa Per Azioni), Lazard Freres & Co. (“Lazard-New York”), Lazard Freres et Cie. (“Lazard-Paris”), and Les Fils Dreyfus et Cie., S.A. (“Dreyfus”) allegin...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER This cause was tried before the Court without a jury, commencing on January 12, 1978. The presentation of evidence was concluded on January 18, and closing arguments were heard January 27, 1978. Based upon the evidence found to be credible, the Court enters the following findings of fact, conclusions of law, and order. Findings of Fac...
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ORDER Willie Puckett brought this suit contesting the action of the Secretary of Health, Education and Welfare in denying his claim for Social Security benefits. Puckett’s claim (Exhibit 11, R. pp. 46-59), indicates that he was born in 1921, has only a fifth grade education and has been denied a work card by the state because of asbestosis which first began to bother him about 1972 or 1973 and whi...
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*1081ORDER GRANTING BENEFITS Plaintiff brings this action pursuant to 42 U.S.C. § 405(g) seeking review of a decision by the Secretary of Health, Education and Welfare denying his application for disability insurance benefits under 42 U.S.C. § 416(i) and § 423 and for supplemental security income benefits under 42 U.S.C. § 1381a. Plaintiff filed his applications for benefits on January 29, 1975, a...
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MEMORANDUM OPINION AND ORDER Petitioner was convicted of second degree murder in the shooting death of one William Bell. Medical evidence established the time of death as late on June 25 or early on June 26 of 1973. The victim was found dead on a street in Cleveland, Ohio after an unidentified woman tipped off a nearby workman, who then called police. Petitioner was a passenger in the victim’s car...
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ORDER This action was originally brought in the District Court of Comanche County, Oklahoma, and was subsequently removed to this Court by the Defendants pursuant to 28 U.S.C. § 1441(c). In their Petition for Removal, Defendants alleged that both Plaintiff and Defendant Whit Ozier (Ozier) were citizens of Oklahoma at the time this *802 action was brought while Defendant Metro...
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OPINION AND ORDER This cause came to be heard on the motion of defendant, Puerto Rico Maritime Shipping Authority, for summary judgment dated February 7, 1978. The said motion for summary judgment was accompanied by an affidavit sworn to by the Assistant Manager of the Cargo Claims Department of Puerto Rico Marine Management, Inc., the defendant’s management company, together with the Sworn Not...
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OPINION This is a civil action which at this juncture involves the applicability to this case of Subchapter I of the Consumer Credit Protection Act, more commonly known as the Truth in Lending Act, 15 U.S.C. § 1601, et seq. and the regulations thereunder, Regulation Z, 12 C.F.R. § 226.1, et seq. This Court on March 11,1977 denied defendant’s motion to dismiss and deferred ruling on plaintif...
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MEMORANDUM This is an action in diversity for breach of contract. The defendant, Michigan Sugar Company, (“Michigan Sugar”), has filed a motion to dismiss for lack of jurisdiction or in the alternative to transfer the case to the Eastern District of Michigan, Northern Division. The plaintiff, Blue Diamond Coal Company, (“Blue Diamond”), has responded to this motion. Oral argument has been heard on...
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MEMORANDUM Background This criminal action wherein defendant stands charged by the Grand Jury with one count of kidnapping (18 U.S.C. § 1201) and one count of transporting a stolen motor vehicle (from Jellico to Valdosta, Georgia) is set for trial on Wednesday, March 15, 1978. The indictment was returned by a Grand Jury sitting in the Middle District of Georgia, Valdosta Division...
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Memorandum Opinion and Order Woodlands Telecommunications Corporation (WTC) filed ’this suit charging that defendants Southwestern Bell Telephone Company (Southwestern Bell) and American Telephone and Telegraph Company (AT&T) combined and conspired to monopolize the telephone business at a new community development north of Houston, Texas, known as the Woodlands, in violation of secti...
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MEMORANDUM This is an action for damages and equitable relief for violations of plaintiff’s rights under § 101 of the Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. § 411. Jurisdiction is conferred upon this Court by 29 U.S.C. § 412. Plaintiff claims that he was improperly removed from his position as a director of the defendant union for exercising free-speech rights guaran...
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MEMORANDUM OPINION This is a civil rights action brought under 42 U.S.C. § 1983. Jurisdiction is founded on 28 U.S.C. § 1343. Plaintiffs are John Hit-son, a citizen of the United States with Indian ancestry, and Samuel Moore and William Mills, citizens of the United States who are black. Defendants include George C. Wallace, Governor of Alabama; William Baxley, Attorney General of Alabama; and ...
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MEMORANDUM OPINION This action is brought pursuant to 42 U.S.C. § 1983 by The Advertiser Company, seeking damages for violations of its constitutional rights allegedly committed by defendants Governor George C. Wallace, Commissioner of Revenue Charles A. Boswell, and several other officials of the Alabama Department of Revenue. Jurisdiction is based on 28 U.S.C. §§ 1331, 1343. The action ...
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This is a motion by plaintiff to remand the action to the Circuit Court of Jackson County, Alabama, from which it was removed by defendant (28 U.S.C. Sec. 1447(c)). The litigation arises from a controversy between two federal savings and loan associations (hereafter, for convenience, simply “federal associations”). While the papers of record contain no specific averment as to how the parti...
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MEMORANDUM AND ORDER THIS CAUSE comes before the court on plaintiff’s motion for a preliminary injunction and defendants’ motion to dismiss. At oral argument counsel acknowledged that these motions raise essentially the same points of law and therefore they will be considered together. The question raised by these motions present several complex issues of law in a factual setting of considerable ...
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MEMORANDUM AND ORDER This is an action brought under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e-5(f)) and 42 U.S.C. § 1981. Plaintiff was employed as a wiper on vessels owned by defendant. He charges that he was wrongfully terminated on December 13, 1973. 1 Defendant has moved to dismiss the complaint on the ground that both the charge under Title VII and the ...
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FINDINGS OF FACT 1. Plaintiff, Zeuxis Ferriera Neves, is an adult citizen of Brazil. He has resided in the United States for more than twenty (20) years, serving as an attaché of the Brazilian Embassy. 2. Defendant, Virginia L. Riley, is the Collector of the Estate of Alda Lee Souza, who died intestate on September 20, 1975. 3. Alda Lee Souza’s husband died in 1962. He was also ...
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MEMORANDUM OPINION AND ORDER Duane Bertrand brought this action under the federal Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621 et seq., asserting that he had been removed from his position as defendant’s Branch Manager in Kankakee, Illinois, because of his age. He was transferred to a sales position in the Kankakee Branch Office on May 1, 1973, from which pos...
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MEMORANDUM This matter is before the Court for decision after trial to the Court and submission of written final arguments. Plaintiff is the assignee of United States patent No. 3,608,-826 [the ’826 patent] and No. 3,750,953 [the ’953 patent] issued to Richard F. Reinke on September 28, 1971 and August 7,1973. Richard F. Reinke is the Chairman of the Board and major shareholder of Reinke ...
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MEMORANDUM The petitioner, Paley Associates, Inc. (“Paley”), a Massachusetts corporation, has applied to this Court pursuant to 9 U.S.C. § 9 to confirm and enter judgment on an arbitration award made in its favor against the respondent, Universal Woolens, Inc. (“Universal”), a New York corporation. Jurisdiction is founded in diversity. 1 The *214 arbitration award ...
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MEMORANDUM OPINION AND ORDER The plaintiff Mr. Kenneth B. Booher filed herein a 10-page complaint 1 claiming a violation by the municipal board of education and its members and the superintendent of schools of Bristol, Tennessee of his federally-protected civil rights. In essence Mr. Booher asserts as a citizen of the United States that the defendants, under color of Tennessee law, subjected ...
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OPINION AND ORDER Defendant raises, by a motion to dismiss the indictment, the question of proper venue for the prosecution of the offense of endeavoring to obstruct justice as outlined in 18 U.S.C. § 1503. He contends, in his accompanying motion to transfer, that any prosecution in this case should take place in the Middle District of North Carolina. He relies on Article III, Section 2, Clause...
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DECISION and ORDER The plaintiff has filed a motion for a preliminary injunction. The parties have submitted briefs and affidavits in support of their respective positions. The motion will be granted. This is an action challenging the health care regulations of the Town of Grand Chute. It is claimed that these regulations are an impermissible restriction on the plaintiff’s performance of firs...
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MEMORANDUM OPINION The plaintiffs are both black United States citizens who were unsuccessful applicants for the position of Manpower Director of the federally funded Tuscaloosa Comprehensive Employment and Training Act (CETA) program. Defendants are Tuscaloosa County and the Judge of Probate and three Commissioners of that county, the four of whom constitute the County Commission. Tuscaloosa C...
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MEMORANDUM OPINION This Freedom of Information Act (FOIA) case is now before the Court on defendants’ motion for summary judgment, plaintiff’s July 1, 1977, motion to compel, and plaintiff’s October 14, 1977, motion to compel. For the reasons hereinafter stated, the Court will deny plaintiff’s motions to compel and grant defendants’ motion for summary judgment. I. BACKGROUND On ...
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ORDER This case is before the Court on the defendant’s motion to compel production of documents and assess costs. For the reasons hereinafter stated, the Court finds that the defendants are entitled to the discovery of the requested tax returns for the years 1969 through 1974, but not to costs. The defendants herein seek to compel the production of plaintiffs’ tax returns (and those of each plain...
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MEMORANDUM This is an action by the American Bankers Association and Tioga State Bank against the National Credit Union Administration (“NCUA”) and its Administrator, challenging the statutory authority of Federal Credit Unions (“FCUs”) to operate share draft programs under the Federal Credit Union Act (the “FCU Act”), 12 U.S.C. § 1751, et seq. 1 The matter is befo...
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RULING ON MOTION FOR SUMMARY JUDGMENT Plaintiff, formerly a prisoner at the Connecticut Correctional Institution at Somers, seeks to recover for injuries he sustained while he was incarcerated. This action was begun after he had been released from custody and had become a citizen of Rhode Island. Diversity jurisdiction exists. I. Plaintiff’s injuries were sustained early in the ...
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OPINION FINDINGS OF FACT AND CONCLUSIONS OF LAW I On December 21st last this Court granted partial summary judgment to defendants. *302As to lack of procedural due process I ruled that since under the statutory law of this State governing renewal of teachers’ contracts plaintiff possessed no tenure, he was not constitutionally entitled to a hearing. See Ga. Code Ann. § 32-2103c. The defendants’ mo...
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STATEMENT OF THE CASE Plaintiff, E. W. Daugherty, Jr., is a real estate broker licensed by the State of Georgia, doing business in the East Point area. The plaintiff, Robert L. Daniell, is a homeowner and resident of East Point, Georgia. The City of East Point, defendant in this action, is a municipality existing under the laws of the State of Georgia. Plaintiffs bring this action seeking an ...
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ORDER This is a civil action for declaratory as well as preliminary and permanent injunctive relief pursuant to (1) the National Environmental Policy Act of 1962, 42 U.S.C. § 4331 et seq. [hereinafter “NEPA”]; (2) section 4(f) of the Transportation Act, 23 U.S.C. § 138 [hereinafter “section 4(f)”]; (3) the Federal-Aid Highways Act, 23 U.S.C. § 128; (4) the National Historic Preservation Act, 16 U....
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The plaintiff Harold P. Velez, d/b/a Velez Piano Company, Inc., seeks an injunction prohibiting Alwynn Cronvieh, Sheriff of the Parish of Jefferson, and the Gulf South Bank ^id Trust Company (formerly Mercantile Bank and Trust Company), a judgment creditor of Harold P. Velez, from selling at judicial sale the “Velez Player Piano” seized in these proceedings, and seeks a judgment ordering the retur...
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*1231 MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS Defendant Harold McLemore, Jr., is charged with escape from a federal penal facility in violation of 18 U.S.C. § 751 and with illegal possession of a firearm in violation of 18 U.S.C. § 1202(a)(1) (Appendix). 1 The case is presently before the Court on his motion to dismiss. The matters raised in the motion were the s...
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MEMORANDUM Plaintiffs Michael B. Schachter, M.D., a physician licensed to practice medicine in the State of New York, and John Doe, Richard Roe and Mary Moe, anonymous individuals who are alleged to be Dr. Schachter’s patients, bring this civil rights action seeking both a declaration that Sections 230(10)(k) and (7) of the New York Public Health Law are unconstitutional and an injunction...
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*733OPINION In 1973, after a six-week jury trial before me, petitioner Walter Grant and nine other defendants were convicted of violating the federal narcotics laws, 21 U.S.C. §§ 843(b), 846, 848.1 The convictions were affirmed in United States v. Sisea, 503 F.2d 1337 (2d Cir.), cert, denied, 419 U.S. 1008, 95 S.Ct. 328, 42 L.Ed.2d 283 (1974). Grant and five of his eodefendants, Willie Abraham, R...
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OPINION AND ORDER I This matter is before the Court for decision on the merits following a consolidation of the hearing on preliminary injunction and trial on the merits pursuant to Fed.R. Civ.P. 65(a)(2). The Court’s findings of fact and conclusions of law as required by Fed. R.Civ.P. 52 are set forth herein. Chapter 540 of the Columbus City Code purports to regulate the rendering of non-m...
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MEMORANDUM OF OPINION AND ORDER Plaintiffs Hart B. Morrison and Theodore H. Case brought separate suits against the United States for the refund of federal income taxes assessed in 1970.1 Since these two refund suits shared common questions of law and fact the court consolidated them for trial pursuant to Fed.R.Civ.P. 42(a). Jurisdiction is based upon 28 U.S.C. § 1346(a) (1970). FINDINGS OF FACT ...
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MEMORANDUM OPINION This is an action brought by plaintiff holder of convertible debentures in the Baltimore and Ohio Railroad Company against the company and others involved for alleged violations of Section 10(b) of the Securities and Exchange Act of 1934 (15 U.S.C. § 78j): “It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of in...
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MEMORANDUM OPINION AND ORDER This is a civil action for damages for the defendant’s alleged trespass on certain real property within this district and division claimed to be owned by the plaintiff. 28 U.S.C. §§ 1332(a)(1), (c).* The defendant moved the Court to dismiss this action, or alternatively, to stay it indefinitely. The plaintiff failed to make a timely response to such motion, local Rule...
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ORDER DENYING DEFENDANT’S MOTION TO STRIKE On October 28,1977, plaintiff filed a complaint containing two causes of action. The *642 first cause of action is based upon the alleged negligence of the staff physicians and employees of the Long Beach Veterans Administration Hospital in the administering of medical treatment to the plaintiff. The second cause is founded upon the theory of informe...
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DECISION and ORDER Motions by both defendants for dismissal of the complaint are before the court. There is also a pending motion by the plaintiff to compel the defendant railroad to answer certain interrogatories. In view of my finding that the defendants’ motions to dismiss must be granted, there is no need to resolve the plaintiff’s discovery motion. Mr. Golombowski was discharged by the defen...
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DECISION and ORDER This is an interpleader action. The plaintiff is an insurance company which issued policies numbered 16500-G and 16501-G, providing life and accidental death insurance on the life of Robert B. Kwicinski. At the time of Mr. Kwicinski’s death on March 2, 1976, the two policies were in full force and effect. Benefits of $9,000 and $4,000 are payable on the respective policies for a...
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OPINION I. Jurisdiction Plaintiffs invoke the Court’s jurisdiction under 28 U.S.C. § 1343(3), for the redress of allegedly deprived constitutional rights. Plaintiffs seek injunctive relief for their claims presented under 42 U.S.C. § 1983. Additionally, the Courts’ pendent jurisdiction is invoked over claims arising from the “common nucleus of operative facts,” UMW v. G...
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*1376DECISION AND ORDER GRANTING DEFENDANTS’ MOTIONS FOR ATTORNEYS’ FEES AND COSTS Dr. Jimmy K. V. Chin and his wife, Swee Fong Chin, brought this action after Dr. Chin’s allegedly wrongful termination from a pediatrics residency program at the Kauikeolani Children’s Hospital. Relying in part on some relationship between the Program and the University of Hawaii School of Medicine, Dr. Chin claimed...
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MEMORANDUM OPINION The instant consolidated actions in admiralty involve the claims of four owners of pleasure craft which were damaged on November 10, 1975. Plaintiffs allege that each of the four defendants is liable for the damage to their yachts because of certain negligent acts committed by defendants. Presently before the court are motions for summary judgment filed by three of the ...
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MEMORANDUM AND ORDER Plaintiffs, Catón Ridge Nursing Home, Inc., and Ethel Grabill, a former patient of the Home, have brought this action to enjoin the Maryland State Department of Health and Mental Hygiene (hereinafter DHMH), Neil Solomon, its Secretary, and Joseph Califano, Secretary of the Department of Health, Education and Welfare (hereinafter HEW), from continuing their decertifica...
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MEMORANDUM AND ORDER This action is now before the Court on defendant Flavin Enterprises, Inc.’s appeal from the Bankruptcy Court’s denial of its motion to dismiss and its motion for change of venue. I Background On August 4, 1977, plaintiff, a limited partnership, filed a petition for a real property arrangement and relief under the provisions of Chapter XII of the Ban...
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Samuel Nakasian moves to disqualify the law firms of Coudert Brothers and Fain, Konover1 from representing the defendants at the trial of this action. Nakasian proposes to call members of both firms as witnesses on his behalf and argues that the firms are therefore required by the Code of Professional Responsibility to withdraw as counsel for the defendants. For the follow-' ing reasons, the motio...
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MEMORANDUM Petitioner Yu Hong Ting has applied to the Court for an order amending his Certificate of Naturalization (No. 7607278), issued by this Court on December 19, 1958, to contain a birth date of February 28, 1915 instead of the currently recorded date of February 28, 1921. For the reasons stated below, the application is denied. The petitioner and the United States Immigration and Natur...
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MEMORANDUM OPINION GRANTING SUMMARY JUDGMENT AND DENYING MOTION TO AMEND This is a declaratory judgment action in which plaintiff Falstaff seeks a determination as to its obligations under several loan agreements with defendants New York Life Insurance Co. (NYL) and Mutual Insurance Co. of New York (MONY). The defendants have counterclaimed for the full amounts owing on the loans, allegin...
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OPINION AND ORDER This opinion is too long. I apologize for its length but I simply didn’t have time to write a shorter one. The indictment in this case reads as follows: The Grand Jury charges that: Between, on or about September 1, 1976, and December 5, 1977, in the State and District of Colorado, Ernest Price did knowingly embezzle and convert to his own use money and pr...
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MEMORANDUM OPINION Plaintiff brought this action against his former employer, United Parcel Service (“U.P.S.”), and Union Local 710, claiming he was wrongfully discharged by U.P.S. and that Local 710 arbitrarily refused to prosecute his grievance with the company. Count I contains a Title VII challenge directed against U.P.S., in which the plaintiff contends the company discriminated agai...
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MEMORANDUM DECISION In this civil action, the plaintiff, a black male, is seeking back pay and other relief *110 from two separate departments of the State of Maryland. Suit has been brought under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and also under 42 U.S.C. § 1981. Named as defendants are the Maryland State Department of Personnel and the Maryla...
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MEMORANDUM AND ORDER By this action, in which jurisdiction is asserted under Title 28, U.S.C., Section 1331 (federal question), the Plaintiff, a federal prisoner incarcerated at the Federal Correctional Institution, Sandstone, Minnesota, *990seeks injunctive relief and monetary damages for an alleged violation of a constitutional right. The matter is now before this Court, under assignment, on the...
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OPINION AND ORDER This litigation consists of six actions pending in four districts: three actions in the District of Utah, and one each in the Central District of California, the Eastern District of Illinois, and the Western District of Wisconsin. Allen Archery, Inc. (Allen Archery) is the owner by assignment from Holless W. Allen of a patent issued in 1969 on the “compound bow” — an archery...
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OPINION AND ORDER This litigation presently consists of fifteen actions pending in eight federal districts: four in the Northern District of Illinois; three each in the District of Connecticut and the Eastern District of Pennsylvania; and one each in the Southern District of Ohio, the District of South Dakota, the Northern District of California, the Southern District of New York, and the...
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MEMORANDUM In this action challenging the use of funds provided by the federal government to localities under Title I of the Elementary and Secondary Education Act of 1965 (“Title I”), 20 U.S.C. §§ 241a et seq., the plaintiffs, National Coalition for Public Education and Religious Liberty (“PEARL”) and certain individual taxpayers, have moved for a preliminary injunction and for summary judgment....
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OPINION Plaintiff Muhammad Ali, a citizen of Illinois and until recently the heavyweight boxing champion of the world, 1 has brought this diversity action for injunctive relief and damages against defendants Playgirl, Inc., a California corporation, Independent News Company (“Independent”), a New York corporation, and Tony Yamada, a California citizen, for their alleged unautho...
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*650 ORDER DENYING TEMPORARY INJUNCTIVE RELIEF This matter is before the Court for consideration of the petitioner Kelly Dean Sparks’ motion for preliminary relief in his habeas corpus action filed pursuant to 28 U.S.C. § 2254. For the reasons which follow, the Court concludes that the motion should be denied. On June 30, 1973, the petitioner was arrested and charged with the murder of Geor...
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OPINION On September 27,1977, the Special Grand Jury returned a 14-count indictment charging these defendants with conspiracy to commit offenses against the United States, 18 U.S.C. § 371 (Count I), and with mail fraud, 18 U.S.C. § 1341 (Counts II-XIV). Thereafter each defendant made a knowing and voluntary waiver of his right to trial by jury, and this action was tried to the Court. The ...
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MEMORANDUM AND ORDER Jurisdiction and Background The Equal Employment Opportunity Commission (“EEOC”) filed an action against defendant, East Hills Ford Sales, Inc. (“East Hills”) pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. alleging unlawful employment practices. Jurisdiction of this court is invoked pursuant to 28 U.S.C...
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OPINION Lloyd Kenneth Covert, Jr. brought this action pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1331 seeking declaratory relief, reinstatement to his job, compensatory and punitive damages, and attorney’s fees and costs based upon the Defendants’ alleged violation of his constitutional rights under the due process clause of the Fourteenth Amendment of the United States Constitution. In addit...
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MEMORANDUM AND ORDER This is a declaratory judgment action instituted by the plaintiff, Nationwide Mutual Insurance Company (hereinafter “Nationwide”), for a judicial determination concerning its uninsured motorist coverage under a motor vehicle liability policy issued to the defendant, Harold Megill, Jr.1 Nationwide filed a motion for summary judgment, which, for the reasons hereinafter set forth...
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OPINION Plaintiffs bring this action against various members of the City Council of the City of Erie, Pennsylvania, a City of the Third Class, complaining of the passage of a certain ordinance No. 59-1977, passed by the City Council on August 24, 1977, approved by the Mayor August 26,1977, and effective 20 days thereafter on September 14, 1977. Plaintiffs seek to have the court enter a declar...
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MEMORANDUM Mr. and Mrs. Wheeler commenced this action in November of 1976 for injuries allegedly caused by the medical treatment provided Mrs. Wheeler by the defendants, Dr. Shoemaker and Newport Hospital in September, 1972. Because the plaintiffs are citizens of Washington state and defendants of Rhode Island, this Court has diversity jurisdiction over this action, 28 U.S.C. sec. 1332 (1970). Bo...
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MEMORANDUM OPINION AND CERTIFICATE To dispose of the applicant’s petition to this Court for the federal writ of habeas *884corpus as law and justice require, 28 U.S.C. § 2243, the Court conducted an evidentiary hearing herein on February 16, 1978. See Rule 8,1 Rules Governing Section 2254 Cases in the United States District Courts. This matter has been under advisement since. I (The Compulsory-Pro...
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MEMORANDUM Plaintiff Rountree sues under the Patent Laws of the United States, Title 35 U.S.C. and under the Federal Declaratory Judgments Act, Title 28 U.S.C. §§ 2201 and 2202. This Court has jurisdiction of the subject matter under Title 28 U.S.C. § 1338(a) and venue is properly laid in this district under Title 28 U.S.C. § 1400(b). Defendant Vareo, Inc. defends against plaintiff’s claim for in...
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ORDER This matter is before the Court on defendants’ motion of 30 December 1977 to permit introduction of evidence relating to plaintiff’s alleged non-use of an available seat belt. As plaintiff has filed his responsive brief and defendants have filed their rebuttal brief, the matter is ripe for disposition. The relevant facts of the case are simple and not in dispute. On 1 April 197...
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MEMORANDUM OF OPINION Under provisions of applicable state law, members of the Tuscaloosa County Board *209of Education are elected by the qualified voters of the entire county, even though part of the county is served by the separate school system of the City of Tucaloosa, which has its own appointed board of education. See 1975 Code of Alabama, § 16-8-1 et seq. In this action for injunctive reli...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter came on for hearing on February 21, 1978, upon the Motion, by defendant United States of America, for Judgment on the Pleadings as against plaintiff Bessie Parros. Plaintiff Bessie Parros was represented by Diane Bradford, Esq., and defendant United States of America was represented by its counsel, Andrea Sheridan Ordin, United States Attorney...
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MEMORANDUM OPINION Motion and Cross-Motion for Summary Judgment Petitioner Robert E. Lee, Jr., was convicted of murder before a jury on February *1040 22, 1971 and sentenced to twenty-five to fifty years imprisonment. Upon appeal, his conviction and sentence were affirmed by the Illinois Appellate Court. People v. Lee, 7 Ill.App.3d 320, 287 N.E.2d 191 (2d Dist., 1972) (hereinafter, Lee...
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MEMORANDUM OPINION This is a civil rights action under 42 U.S.C. § 1983 by a former school superintendent who alleges that defendant school board members forced him to resign his position without a termination hearing or charges. The actions which form the basis of the complaint took place in 1969, and now before this Court is defendants’ motion to dismiss. The basic facts of this dispute are set ...
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OPINION AND ORDER This litigation consists of three actions, each pending in a different federal district — the Northern District of Ohio, the District of Delaware or the Eastern District of Pennsylvania. The subject of these actions is Patent No. 3,733,309 (Wyeth patent), which relates to biaxially oriented polyethylene terephalate bottles (PET bottles) useful for bottling carbonated beverages u...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER Findings of Fact This matter involves a lump sum distribution from a profit-sharing pension fund. The controlling issue before the Court is whether the cash distribution made in 1971 was properly taxed as ordinary income or whether the plaintiffs are entitled to capital gains treatment on that amount. On January 1, 1968, Gary L. Price was a nonsal...
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MEMORANDUM AND ORDER The Plaintiff, a recent graduate of Hickory High School seeks to recover $500,000.00 in compensatory damages from the Defendants, Henry Williamson, the principal of the high school; Charles Mason, the assistant principal of the high school; Dr. Joseph Wishon, the superintendent of Hickory City Schools; and Harold K. Poovey, Sam Dula, Gene Smith, Mrs. Lois Young, Mrs. Martha...
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ORDER On June 24, 1977 the petitioner, Ronald Thomas Collins, filed a petition for a writ of habeas corpus. The petition raised two grounds for relief: 1. The admission into evidence of inculpatory statements by the accused violates his fifth and fourteenth amendment rights when it has not been established at trial by the prosecution that he was advised of his absolute right against self-incr...
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ORDER The above entitled action arises as a result of personal injuries suffered by the plaintiff while riding as a passenger in a vehicle operated by one of her parents, when the vehicle in which the plaintiff was riding was struck by an automobile owned by one Keppers, and operated by one Lonetto. At the time of the collision, the Price vehicle was covered by a policy of liability insurance, wh...
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DECISION GRANTING SUMMARY JUDGMENT This sex discrimination case involves claims by the plaintiff, Frances Vogel, a part-time campus aide at Torrance High School, that the Torrance Unified School District, the Torrance Board of Education, and the individual members of the Torrance Board of Education 1 discriminated against her because of her sex. Specifically, plaintiff alleges ...
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MEMORANDUM This case is before the Court on the plaintiffs’ motion for summary judgment and the defendants’ motion for judgment on the pleadings. For the reasons hereinafter stated, the Court finds that the defendants are entitled to a judgment on the pleadings as to counts 2 (29 U.S.C. § 668(a)), 3 (fifth amendment), and 4 (first amendment) of the complaint. The Court concludes that furt...
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ORDER This is a suit for damages based on alleged malicious interference with the plaintiff’s business by the defendant. Jurisdiction is invoked under 28 U.S.C. § 1332 based on diversity of citizenship. The amount in controversy is alleged to exceed ten thousand dollars ($10,000.00). Presently before the Court are motions by the defendant to compel answers to his interrogatories and for leave to ...
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District Judge. In this action, tried before the court without a jury, Plaintiff seeks recovery of gift taxes for the years 1971 and 1972 and interest thereon, assessed against her and paid by her to the Government. Plaintiff contends: (1) that gifts in trust of an income interest, made by her in December 1971 and January 1972, constitute present interest qualifying for the $3,000 per done...
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MEMORANDUM AND ORDER . The parties make various motions in this action charging violations of federal and state antitrust laws and the Lanham Act, 15 U.S.C. § 1125(a). Plaintiff Fox Chemical Co. (Fox) was a manufacturer and distributor of synthetic oil, as Amsoil now is, until November 1974 when it ceased operations allegedly due to defendant Amsoil’s attempts to illegally drive Fox out o...
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MEMORANDUM This matter is before the Court on defendant’s motion to dismiss Count III of plaintiff’s second amended complaint for failure to state a claim upon which relief can be granted. For the following reasons defendant’s motion will be sustained. This suit was filed originally on July 27, 1977, after plaintiff had received a right-to-sue letter from the Equal Employment Opportunity Commissio...
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OPINION A jury has returned a verdict that the moving defendants herein committed fraud, inducing plaintiffs to settle a medical malpractice action for less than they otherwise would have obtained. Now before the Court are defendants’ motions to dismiss the complaint and to direct a verdict in their favor, reserved during trial, and post-trial motions to set aside the verdict and for judg...
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MEMORANDUM OPINION AND ORDER Plaintiffs, a physician and a clinic corporation, have rented facilities for use as an abortion clinic on the west side of Cleveland in an area zoned for “local retail business.” Professional medical offices are permitted in these districts by the City zoning ordinances. On June 18, 1977, the City Council passed, as an emergency measure, section 231.09 of the Codifi...
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OPINION On May 23, 1977, John A. Beto, changed his plea from not guilty to guilty of forging an endorsement on the back of a United States check in violation of 18 U.S.C. § 495. On August 24, 1977, he was sentenced to a prison term of five years with eligibility for parole at the discretion of the parole board. Beto has filed a motion to vacate that sentence pursuant to 28 U.S.C. § 2255 alleging t...
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MEMORANDUM Plaintiff Robert Alan Justice claims Defendant deprived him of his federal constitutional rights during a robbery occurring February 27, 1973. Plaintiff commenced this civil rights action on February 27,1975. Defendant State Trooper David Lauder-milch answered the Complaint on May 5, 1976.1 On October 26, 1976, Defendant Lauder-milch filed a motion for summary judgment which was denied...
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These consolidated cases were filed on October 26, 1977, invoking the jurisdiction of this Court under 28 U.S.C., §§ 1331 and 2201, to challenge a sewer grant made in February, 1977, by the Environmental Protection Agency, hereinafter sometimes called EPA, to the Bushkill-Lower Lehigh Joint Sewer Authority, hereinafter sometimes called the Sewer Authority, for the purpose of constructing a syst...
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DECISION and ORDER The plaintiff has filed an application for a temporary restraining order. The action is brought under the Freedom of Information Act, as amended, 5 U.S.C. § 552(a) (4)(B) [FOIA], the Administrative Procedure Act, 5 U.S.C. § 701 et seq. and the “all writs” statute, 28 U.S.C. § 1651; 29 U.S.C. § 160(b) and 28 U.S.C. § 2072. The plaintiff unions seek public disclosure of statement...
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DECISION AND ORDER Mr. Ray Fahrenberg, a creditor of the defendant, has filed a petition seeking an order directing the federal probation officers of this district to release the defendant’s probation reports in the above cases to his attorneys. Mr. Fahrenberg seeks access to these files to discover information which will help him recover on a state court monetary judgment obtained against the def...
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MEMORANDUM OPINION Plaintiff Ronald Paul Adams commenced this action by filing a complaint in this Court on November 18, 1974. The petitioner asked that the Court treat his complaint as a class action by all incarcerated in the Houston County Jail and sought an injunction prohibiting alleged constitutional deprivations, including overcrowding, poor sanitation, and inadequate diet and medical ca...
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OPINION Plaintiffs in these two related actions seek incentive pay allegedly past due and owing them under certain provisions of the Career Compensation Act of 19491 (“the 1949 Act”) and the Public Health Service Act of 19442 (“the 1944 Act”) for duty involving intimate contact with persons afflicted with Hansen’s disease, better known as leprosy. The Davis action was brought under the 1949 Act b...
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MEMORANDUM OF DECISION AND ORDER Three proposed compromise settlements are before the Court for approval regarding wrongful death claims brought by plaintiffs under the Jones Act, 46 U.S.C. § 688.1 Two of the settlements (Franca D’Asaro and Elvira Cacace Donnarumma) include claims by minor children; the third (Lisa Scarogni) includes releases made by children who have reached the age of majority;...
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MEMORANDUM OPINION AND ORDER GRANTING PRELIMINARY INJUNCTION Plaintiff’s application for a preliminary injunction came on for hearing on November 30, 1977. Having heard oral argument, and considered the records on file herein, the Court concludes that the preliminary injunction should issue. The plaintiff entered active service with the United States Navy on January 17, 1972, and was...
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OPINION AND ORDER This action is for an award of attorney’s fees, costs and expenses incurred in connection with the successful prosecution of a sex discrimination charge at the administrative level. The parties have filed cross-motions for summary judgment which raise, as the primary issue, the question of whether administrative agencies have the discretion to award fees to plaintiffs who succ...
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MEMORANDUM OPINION & ORDER This matter comes before the court on defendant Dickerson’s motion to dismiss the complaint against him. Plaintiff is an employee of the Equal Employment Oppor *173 tunity Commission (EEOC). ■ The plaintiff asserts claims of discrimination because of her national origin and claims of retaliation because of her opposition to defendants’ discriminator...
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MEMORANDUM OPINION On October 27, 1976, this Court issued a Memorandum and Order remanding this case back to the United States Patent and Trademark Office for a reconsideration of plaintiff Mobil Oil Corporation’s petition for relief under 37 C.F.R. § 1.183. See Mobil Oil Corporation v. Dann, 421 F.Supp. 995 (D.D.C.1976). This Order was premised on the conclusion that the Commissioner acted a...
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DECISION AFTER POST-REMAND TRIAL This is the latest chapter in this continuing antitrust saga, the first three installments of which may be found at 296 F.Supp. 920 (D.Haw.1969) (GTE I); 351 F.Supp. 1153 (D.Haw.1972) (GTE II); and 518 F.2d 913 (9th Cir. 1975) (GTE III). The International Telephone and Telegraph Corporation (ITT) filed this suit in this cour...
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MEMORANDUM OPINION The instant lawsuit is brought as a class action for declaratory, injunctive and monetary relief on behalf of all female employees of defendant Taiman Federal Savings and Loan Association of Chicago [Taiman] who have been limited in their choice of dress which they are allowed to wear at work. Suit is brought pursuant to Title VII of the Civil Rights Act of 1964, as ame...
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BACKGROUND On November 23, 1977 Marathon Oil Company brought a motion for summary judgment before this court contending that the plaintiff was their borrowed servant. Plaintiff Strickland denied this. Both sides were heard on the issue. Immediately after the hearing, counsel for both parties plus counsel for an intervenor, Travelers Insurance Company, met in the hallway outside the c...
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MEMORANDUM OPINION Plaintiffs filed this action for refund of income taxes allegedly overpaid for the years 1969, 1970 and 1971 in the respective amounts of $4,674.83, $3,407.79 and $4,610.49. During the years in question, plaintiff, Carl W. Bauer, was a member of the Louisiana legislature. He established the “Carl Bauer Scholarship Fund” to provide a fund to all of the high schools in his le...
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*197MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiff, a fifty-eight year old black man, brought this action alleging that he was required to perform certain job assignments which similarly situated white employees were not, and that he consequently was forced into involuntary retirement because of his race in violation of Title VII of the Civil Rights Act of ...
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MEMORANDUM OPINION Plaintiff Jimmie B. Burroughs, Jr., a Black man, brought this action alleging that Defendant Marathon Oil Company violated the provisions of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq, when defendant demoted him from the position of pumper to utilityman at defendant’s Detroit Refinery. All procedural prerequisites under Title VII were met and the ...
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MEMORANDUM Petitioner seeks federal habeas corpus relief pursuant to 28 U.S.C. § 2254. He is presently in the custody of the Missouri Department of Corrections as the result of two convictions and sentences in the Circuit Court of Mississippi County, Missouri. In 1974, a jury found petitioner guilty of assault with intent to kill and robbery in the first degree. The court sentenced petitioner to t...
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OPINION AND ORDER This litigation consists of three actions, each of which is pending in one of three districts: the Southern District of Florida, the District of New Jersey, or the Southern District of New York. Zenith Laboratories, Inc. (Zenith) distributes an oral antibiotic known as cephalexin monohydrate. Zenith’s complaint in the New Jersey action seeks a declaratory judgment against El...
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OPINION On March 20, 1977, the S.S. Claude Conway sank off the coast of the United States, and one Franco Matascone, an Italian citizen, died along with numerous other crewmen. The owners of the ship, Cosmopolitan Shipping Company, instituted this limitation proceeding. See 46 U.S.C. § 185. The mother and father of the deceased together with his brothers and sisters (“Matascone claimants”), engag...
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OPINION This proceeding concerns a dispute arising between the Veterans Administration of the United States (sometimes hereinafter referred to as the “Government”) and the New York State Tax Commission (sometimes hereinafter referred to as the “State”) over the application of New York State’s estate tax to funds escheating from the hands of a Committee of a deceased incompetent veteran, W...
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Henry Morgan’s “amended and supplemental” complaint alleges violations of Sections 10(b) and 14(e) 1 of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78j(b) and 78n(e)) and Securities and Exchange *630 Commission Rule 10b-5 (17 C.F.R. § 240.-10b-5). Several of the defendants 2 move to dismiss the complaint on the grounds that, as to them, it fails to s...
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MEMORANDUM DECISION By an Order to Show Cause dated September 20, 1977, all parties in interest were directed to show cause before me on December 5, 1977 why a proposed Stipulation of Settlement dated September 8, 1977 should not be approved as fair, adequate and reasonable, and why judgment should not be entered thereby concluding this litigation. Proof of due service of that Order has been file...
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OPINION AND ORDER Plaintiff has brought this action alleging the illegal termination by the Defendant Brother International Corporation (Brother International) of a contract of distribution. Jurisdiction is invoked pursuant to the provisions of 28 U.S.C. § 1332. The Defendant has filed a Motion for Summary Judgment contending that Plaintiff is not a “dealer” within the meaning of Act...
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ORDER After the American Bank and Trust (AB&T) was closed by the South Carolina State Board of Bank Control in 1974, the plaintiff, Federal Deposit Insurance Corporation (FDIC) was appointed by the Board to act as receiver for the bank. As receiver the FDIC proceeded to liquidate the bank and, as part of the liquidation, it sold a number of assets including some negotiable instruments to ...
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DECISION and ORDER The defendant has moved for dismissal of the complaint and also to strike certain portions thereof. Such motions will not be granted except the motion to strike the portion of the complaint which demands a jury trial. The propriety of the latter motion has been conceded by the plaintiff, and thus the plaintiff’s demand for a jury trial will be regarded as withdrawn. The complain...
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MEMORANDUM This is an action in which plaintiff, a retired Lieutenant Colonel in the United States Army, challenges his non-selection for promotion, in both temporary and permanent grades, by Army promotion boards which considered plaintiff for advancement *1025 in the period from 1968 to 1975, and seeks reconsideration of those promotion decisions. The matter is before the Court on the parti...
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ORDER A hearing on plaintiff’s Motion for class certification was held before the Court on January 4, 1978, at which time the Court requested the parties to submit briefs on the question of the Court’s jurisdiction. The Court has received the parties’ briefs and reviewed them carefully. The complaint in this action alleges jurisdiction pursuant to 28 U.S.C. § 1331, federal question jurisdicti...
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MEMORANDUM OPINION AND ORDER The plaintiff appeals from the denial by the Secretary of Health, Education and Welfare of his application for the establishment of a period of disability under § 216(i) of the Social Security Act, 42 U.S.C. § 416(i), and for disability insurance benefits under § 223 of the Act, 42 U.S.C. § 423. Before the Court are cross-motions for summary judgment. After review o...
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MEMORANDUM OPINION Plaintiff, Richard Lee Owen, brought this civil rights action alleging violation of his civil rights by prison officials. This complaint is based on a series of events that occurred at thé Indiana State Prison in the summer of 1975. Prison officials were aware of a growing unrest and tension at the prison both from observations by officers and reports by inmates. This unrest ...
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MEMORANDUM AND ORDER Plaintiff brings this action to seek judicial review of the partial denial of his two claims for benefits; one for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 401 et seq.; the other for supplemental security income benefits under Title XVI of the Act, 42 U.S.C. § 1381 et seq. The denials are the “final decisions” of the Secretary and th...
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450 F.Supp. 792 (1978) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. WESTINGHOUSE ELECTRIC CORPORATION, Defendant. No. 76-351C(1). United States District Court, E. D. Missouri, E. D. February 27, 1978. *793 Blanche M. Manning, EEOC, Chicago, Ill., Gretchen D. Huston, Dist. Counsel, EEOC, St. Louis, Mo., for plaintiff. John R. Musgrave, Coburn, Croft, Shepherd & Herzog, St. Louis, Mo....
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*242TRANSFER ORDER It appearing that all parties to the actions listed on the attached Schedule A agree on the desirability of transferring those actions pending in districts other than the District of Oregon to that district for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407, and the Panel having found upon consideration of the papers submitted that these actions in...
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A.G.S. Electronics, Ltd. (“AGS”) has commenced this action for treble damages under the federal antitrust laws and for breach of contract under state law. As to the federal causes of action contained in Counts I — III of the amended complaint, jurisdiction is asserted pursuant to 28 U.S.C. § 1331. As to the state law claims set forth in Counts IV and V, AGS invokes this court’s diversity jurisd...
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OPINION Plaintiff moves for leave to amend its complaint. Rule 15(a), Fed.R.Civ.P. Plaintiff commenced this action on September 1, 1976, alleging that defendants had fraudulently manipulated the price of Maine potato futures. The suit, which sought only injunctive and declaratory relief, was consolidated with numerous related actions seeking both equitable relief and damages. Discovery in the con...
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McGregor-Doniger, Inc. (“McGregor”) is a manufacturer of sportswear and the owner of the trademark “DRIZZLER.” Since 1947, it has sold golf jackets under that mark, and in March, 1965, it obtained registration of “DRIZZLER” for use in connection with its golf jackets (Plaintiff’s Exhibits, “PX,” 117, 117A). Drizzle, Inc. (“Drizzle”), incorporated in 1969, manufactures and sells women’s overcoat...
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The plaintiffs are three corporations engaged in the business of producing, acquiring, and licensing educational motion picture films. On October 19, 1977, the plaintiffs filed this copyright infringement suit against the Board of Cooperative Educational Services of Erie County [BOCES], a nonprofit corporation organized under the Education Law to provide educational services to the public schoo...
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MEMORANDUM AND ORDER Plaintiff’s detailed complaint recites an intricate web of plots and counterplots, all of which relate to an alleged conspiracy among unfaithful employees and others to steal merchandise from the defendants. Plaintiff charges that despite, or perhaps because of, his investigative efforts to uncover and stop the alleged thefts, defendants terminated his employment as a trucker...
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MEMORANDUM OF DECISION Plaintiffs, Farmers Chemical Association, Inc. (FCA) and CF Industries, Inc. (CFI), brought this diversity action against defendant Transcontinental Gas Pipe Line Corporation (Transco) on May 18, 1977. FCA and CFI are both agricultural cooperative corporations. FCA as owner and CFI as lessee operate a large fertilizer plant at Tunis, North Carolina, which uses natur...
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MEMORANDUM Plaintiff Motor Master Products Corporation brought this action against defendant Motor Masters Warehouse, Inc., for trademark infringement and unfair competition, in violation of 15 U.S.C. § UMil). 1 The jurisdiction of this Court is based upon 15 U.S.C. § 1121 and 28 U.S.C. § 1338. Presently before the Court is plaintiff’s motion for summary judgment pursuant to Ru...
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OPINION The plaintiffs in the above-captioned consolidated cases contended in a jury trial that the defendant, in violation of Restatement, Second, of Torts § 402A, manufactured and sold an unreasonably dangerous blasting cap which detonated a charge of dynamite as the result of stray electrical currents which were generated by atmospheric conditions and which were insufficient to detonate a norma...
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MEMORANDUM ORDER E. T. A. Hoffmann was not only an author, composer, conductor and artist, he was also a jurist. I suspect that the idea for his tale about the war between the toy soldiers and the mice may have originated from his experience with lawsuits. I was reminded of this tale and its development in the scene in the Nutcracker ballet where before our *982 eyes the tiny soldiers under...
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MEMORANDUM AND ORDER Presently before the Court are the motions of defendants Zimmer-Rodewalt, Inc., and Zimmer USA, Inc., for summary judgment pursuant to Fed.R.Civ.P. 56 on the ground that the instant action is barred by the applicable statute of limitations. For the reasons stated below, defendants’ motions will be granted. On August 31, 1970, plaintiff Fred C. Craw (“Craw”) suffered a severe l...
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ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT By motion filed December 8, 1977, defendant seeks summary judgment by this court. Defendant contends there is no genuine issue as to any material fact, and, in addition, that plaintiff seeks damages which are so speculative as to fail as a proper basis for recovery, citing Whitman v. Seaboard Airline Railway, 107 S.C. 200, 92 S.E. 861 (1917), and R...
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ORDER The Securities and Exchange Commission has filed an application in this Court for an Order to require obedience to a subpoena filed December 21, 1977. It seeks production of certain bank records pertaining to accounts of two customers pursuant to an investigation of that Commission purportedly within the bounds of its duly constituted authority. The respondent Bank relies upon ...
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DECISION and ORDER I. INTRODUCTION This is an action for patent infringement under 35 U.S.C. § 271 et seq. by American Hoist & Derrick Company (American Hoist) and T. S. DeCuir against the Manitowoc Company, Inc. (Manitowoc). The case was tried to the court, and the parties have filed briefs on the merits and proposed findings of fact and conclusions of law pursuant to Rule 52(a), Fe...
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DECISION AND ORDER This case is a civil action brought by the SEC against 24 individual and corporate defendants, seeking injunctive relief based on alleged violations of various provisions of the securities laws. The complaint consists of four causes of action; five defendants have moved this Court to dismiss the complaint and action. The first count alleges that 23 of the defendants par...
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OPINION In this case, the government seized 8 small stone statues imported from Rhodesia on account of alleged violations of certain customs laws (19 U.S.C. § 1592) and economic sanctions (22 U.S.C. § 287c). Thereafter, the government commenced the instant in rem action to secure a decree of forfeiture. 1 The owner of the statues contests the action as a claimant. A separate mo...
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MEMORANDUM AND ORDER Plaintiffs, who number only 33 of the several thousand air traffic controllers employed at various air route traffic control centers,1 invoke section 10(e) of the Administrative Procedure Act, 5 U.S.C. § 706(2)(1976), and seek to set aside the Position-Classification Standard for air traffic controllers issued on January 12, 1977, by the Civil Service Commission. Plaintiffs c...
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OPINION The United States brought this civil action against the defendant _ Francis A. Levering, Jr., to recover damages allegedly resulting from the “alleged fraudulent conduct of the defendant in the acquisition of funding for mortgages . . insured by the Federal Housing Authority.” 1 The defendant answered the complaint and at the same time counterclaimed for malicious prose...
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This diversity action seeking declaratory relief calls upon the Court to apply Illinois law in ruling on the validity of a covenant in a deferred compensation plan (the “Plan”) offered by defendant R. R. Donnelley & Sons Company to selected employees. The covenant provides that a participant in the Plan who engages in any activity in competition with defendant within three years of the terminat...
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MEMORANDUM AND ORDER The plaintiff has filed a complaint wherein she alleges that the defendants “unilater*159ally, arbitrarily and unlawfully” discharge committed mental patients from state hospitals without “notice or hearing.” She contends that this procedure violates her right to due process. On November 25, 1977, we denied a request to certify this cause as a class action because plaintiff co...
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MEMORANDUM OPINION The plaintiffs, three community organizations and three low income minority residents of the City of Detroit, filed this suit for declaratory and injunctive relief to enjoin the Department of Housing and Urban Development (HUD) and the City of Livonia from receiving or expending grants approved by HUD under the Housing and Community Development Act of 1974 (HCDA), 42 U.S.C. §...
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MEMORANDUM OF DECISION In this diversity action, Henrietta Randle, a citizen of Bolivar County, Mississippi, plaintiff, sues Continental Casualty Company, an Illinois corporation, defendant, as the wife and beneficiary of Monroe Randle, in a $100,000 accidental death policy issued to Monroe Randle under a group plan as an employee of Baxter Laboratories. The case is in this court on removal from t...
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OPINION AND ORDER Defendants Robert Currington and Frank Townsend, indicted in two counts alleging possession of heroin in violation of 21 U.S.C. §§ 812, 841(a)(1) and .841(b)(1)(A), have moved under Fed.R.Crim.P. 41(e) to suppress evidence found in Townsend’s car and apartment and in Currington’s apartment. Primarily, they claim that police officers lacked sufficient probable cause to stop and...
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MEMORANDUM OPINION AND ORDER Defendant Loeb, Rhoades & Co. moves to compel arbitration to resolve a dispute which has arisen between the defendant broker and its customer, the plaintiff herein. Plaintiff cross-moves to stay arbitration pending the determination of a reparation proceeding 1 before the Commodity Futures Trading Commission (CFTC). The principal issue before the Cou...
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OPINION This is an action by Plaintiff Rhode Island Hospital, a non-profit Rhode Island corporation, as “provider” of services under the Medicare (Title XVIII) provisions of the Social Security Act, 42 U.S.C. § 1395 et seq. 1 against Defendant Joseph A. Calif ano, *704 Jr., in his capacity as Secretary of the Department of Health, Education and Welfare, and Defendant James B. Cardwell...
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These are Petitions for Writs of Habeas Corpus by State prisoners pursuant to 28 U.S.C. § 2254. The allegations presented to this Court are that the Petitioners were denied due process of law in that the impartiality of the jurors at their State trial was tainted by comments made by the trial judge and that the sentence imposed on Petitioners following conviction constituted cruel and unusual pun...
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MEMORANDUM OPINION AND ORDERS This is a civil action by an insuror for a declaratory judgment as to the rights of the parties under a policy of insurance. 28 U.S.C. § 1332(a)(1), (c). The plaintiff moved for a summary judgment. Rule 56(a), Federal Rules of Civil Procedure. Such motion obviously lacks merit. Section II, subsection 3, of the policy involved herein provides that when an occurrence ta...
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MEMORANDUM OPINION AND ORDER This is a pro se application for the federal writ of habeas corpus by Mr. Dewey Scott Frazier, a prisoner in the custody of the respondent pursuant to the judgment of December 3, 1976 of the Criminal Court of *842Sullivan County, Tennessee. He claims he is in such custody in violation of the Constitution, Fifth, Sixth and Fourteenth Amendments, 28 U.S.C. § 2254(a). The...
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MEMORANDUM This is an action brought pursuant to 42 U.S.C. § 1983. Plaintiffs seek injunctive and declaratory relief as well as compensatory and punitive damages for alleged vio *970 lation of their constitutional rights to due process in prison disciplinary proceedings. The named plaintiffs were, at all pertinent times, inmates at the Brushy Mountain State Penitentiary. At all relevant times...
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MEMORANDUM The facts in this case were found from the bench on 14 February 1978 as modified and extended from the bench on 24 February 1978. Such findings of fact are incorporated hereto by reference to the transcript. In Procunier v. Martinez, 416 U.S. 396, 408, 94 S.Ct. 1800, 1808, 40 L.Ed.2d 224 (1974) the Supreme Court observed that: For the most part, . . . courts have dealt with c...
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This matter came on for trial before the Court on January 26-27 and February 1-2, 1978, on the government’s motion for enforcement of prior injunctive orders of both this Court and the three-judge panel which previously handled this case. The Court has considered the pleadings, documents and other exhibits introduced at trial, the testimony adduced at trial, and the pre-existing record on file in ...
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OPINION Plaintiff seeks a preliminary injunction to prevent an experiment testing the biological properties of polyoma DNA (deoxyribonucleic acid) cloned in bacterial cells. The experiment is to be conducted in Building 550, Frederick Cancer Research Center at Fort Detrick, Maryland. Also before the Court is defendants’ motion to vacate a voluntary stay. Defendants are Joseph A. Califano, Jr....
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*1307 RULING ON MOTION FOR PRELIMINARY INJUNCTION This action is brought under 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3), and under the Declaratory Judgments Act, 28 U.S.C. §§ 2201, 2202, to prevent the Town of East Hartford, Connecticut, from enforcing an amendment to its Massage Parlor Ordinance, East Hartford Code of Ordinances § 12-60(a), (c), which forbids massagists to admin...
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DECISION ON MOTION TO RELEASE FUNDS Plaintiff Betts brought this action for damages, declaratory and injunctive relief pursuant to 42 U.S.C. § 1983 (1974) to redress wrongs suffered as a result of actions taken under color of state law in accordance with state garnishment procedures which were alleged to be constitutionally defective. Betts prevailed on her claims against defendant Coltes...
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*999 MEMORANDUM DECISION ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION This civil rights action, brought under 42 U.S.C. § 1983 by four physicians and two pregnant minors, challenges the constitutionality of the Illinois Abortion Parental Consent Act of 1977. Jurisdiction is conferred by 28 U.S.C. § 1343(3). Plaintiffs seek a preliminary injunction restraining enforcement of the Act pursua...
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MEMORANDUM OPINION AND ORDER Plaintiffs, the National Socialist Party of America and its leader, Frank Collin, bring this action challenging three ordinances of the Village of Skokie, Illinois, on the grounds that the ordinances deprive them of their rights to freedom of speech and assembly in violation of the First and Fourteenth Amendments to the United States Constitution. Defendants a...
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MEMORANDUM OPINION This action is brought pro se and in forma pauperis by David West, a former inmate of Stateville Correctional Center, Joliet, Illinois, alleging violations of his civil rights pursuant to 42 U.S.C. § 1983 by several employees of the Illinois Correctional System and the Stateville prison. 1 Jurisdiction is invoked pursuant to 28 U.S.C. § 1343. Two of the defendants, Char...
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MEMORANDUM OPINION This is an action for the refund of federal income taxes in the amount of $176,721.35 paid for the fiscal year ending March 31, 1968. The United States has counterclaimed for interest in the amount of $48,-946.97. At issue is whether the gain realized from the exchange of farm property is taxable to the Estate of Maude V. Simcoe as income in respect of a...
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The final clean-up task remaining to complete this case is to determine the relative burden of costs and interest between the United States and the Sincere Navigation Company. The parties have agreed on all matters save those discussed in this opinion, I. Interest Judgment has been rendered against Sincere for claims for personal injury and property damage, together with interest. Jud...
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MEMORANDUM The United States seeks an ex parte court order authorizing disclosure to Internal Revenue Service (IRS) agents of documents subpoenaed by the Special Federal Grand Jury No. 1, December, 1974 and transcripts of testimony before the grand jury for the purpose of determining whether the matters under investigation have involved the incurrence of civil tax liabilities b...
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OPINION Plaintiff, a manufacturer of variable speed control equipment (VSCE), bid unsuccessfully to the Town of Waterford (Town) for a subcontract on a federally subsidized sewage treatment project. A subsequent appeal to the United States Environmental Protection Agency (EPA) by plaintiff was summarily dismissed as having been filed too late. 1 Plaintiff brings this action und...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The findings of fact and conclusions of law on the issue of liability adopted by the court after a non-jury trial and final submission by the parties,-are hereafter set forth. A. Findings of Fact. 1. Plaintiff, First Mississippi Corporation (hereafter “plaintiff”), is a corporation organized, chartered and existing under the laws of the State of Mississippi...
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*950 OPINION This matter is before the Court on defendant’s motion for a new trial pursuant to Rule 33, Fed.R.Crim.P., or alternatively, for an order setting aside the verdict by granting defendant’s petition for a Writ of Error Coram Nobis. Concomitantly, the defendant seeks the right to investigate and interview the members of the Gross jury, and to have this Court conduct a full evidenti...
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MEMORANDUM AND ORDER The second above entitled action (hereinafter the Smolek action) was filed initially as a class action in the Northern District of Illinois on February 27, 1974. While a motion was pending in that district to declare that the litigation proceed as a class action, the case was transferred to this district pursuant to 28 U.S.C. § 1404(a) by order dated October 29,1974. While th...
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OPINION The petitioner moves pro se pursuant to 28 U.S.C. § 2255 to vacate his sentence on the ground that at the time sentence was imposed we failed to find that he would derive “no benefit” from sentencing under the Federal Youth Corrections Act, 18 U.S.C. §§ 5005-5026. For the reasons discussed herein, we deny petitioner’s application in its entirety. 1 On November 14,1966...
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OPINION Petitioner, Vito Volpicelli, is now serving concurrent sentences of up to fifteen years at Bay view Correctional Facility, New York City, imposed under a judgment of conviction of conspiracy and various related substantive counts of burglary, robbery, grand larceny and felonious possession of weapons after a jury trial in the New York State Supreme Court, Suffolk County, in July 1...
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MEMORANDUM Michael J. McLaughlin (“McLaughlin”), the self-acknowledged provocateur in this now-twenty-year-old litigation, has petitioned the Court for permission to intervene formally in the action, to file an amended and supplemental complaint therein, and to add a new defendant. The dispute has its origin in the sale of all interests in a Nicaraguan copper deposit known as the Rosita Mine by th...
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MEMORANDUM AND ORDER Petitioners seek a writ of habeas corpus attacking a judgment of the Queens County Supreme Court entered May 15, 1972, upon petitioners’ pleas of guilty to various crimes charged. Petitioners pled guilty after the trial court had denied their motions to suppress certain evidence seized pursuant to search warrants. In support of their motion to suppress, petitioners submitted a...
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ORDER This case is before the court on defendants’ motion for dismissal of all damages claims and for summary judgment on the remaining portions of the complaint which seek injunctive and declaratory relief. A hearing was conducted on December 13, 1977, and the parties were given until January 20, 1978, to file such further briefs or evidence as they wished. The motions are now ready for decision....
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OPINION Columbia Helicopters, Inc. (Columbia) seeks a tax refund of $324,570.41 in federal excise taxes paid on fuel used in its helicopters. The only issue is whether Columbia’s helicopter operations from 1971 through 1976 were “noncommercial aviation” within the meaning 'of Section 4041(c) of the Internal Revenue Code, 26 U.S.C. § 4041(c). Columbia owns and operates a fleet of helicopters. It u...
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MEMORANDUM AND ORDER Plaintiff in this action seeking “Black Lung” benefits, see 42 U.S.C. § 405(g), has petitioned the court to proceed in forma pauperis. The petition is supported by an affidavit stating that plaintiff’s most recent employment was in 1970, that he owns a home valued at $20,000 and a car valued at $200, that his only income is $100 per month in Pennsylvania Occupational Disease B...
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MEMORANDUM I. INTRODUCTION Defendant Jeffrey Guy has moved to vacate his guilty plea. He contends that his plea was not “knowing and voluntary” because at the time he entered the plea I failed to explain to him the meaning of special parole. He further contends that had he understood the meaning of special parole, he would not have pleaded guilty. I find that defendant’s position has merit, and ac...
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MEMORANDUM Plaintiffs brought this products liability diversity action to recover for injuries suffered in an accident involving an allegedly defective loading ramp. The jury returned a verdict absolving defendant Copperloy, manufacturer of the ramp, from liability. Plaintiffs have moved to vacate that judgment and for a new trial. In support of that motion, they have asserted three trial errors:...
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OPINION AND ORDER The present is a continuing part in the protracted litigation between Las Colinas Development Corp. (the debtor herein and hereinafter Development) together with its President Vigdor Schreibman, and the Walter E. Heller (hereinafter Heller) Companies. On June 22, 1977 Bankruptcy Judge, Asa S. Herzog, in an adversary proceeding to vacate a stay of lien enforcement under R...
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MEMORANDUM AS RENDERED [1] The Regional Director, on behalf of the NLRB, faces a relatively insubstantial burden of proof when he petitions a district court for temporary injunctive relief. He need not prove that a violation of the Act has in fact occurred, nor must he convince the Court of the validity of the legal theory upon which he predicates the charge. “Rather, he need only demonstrate tha...
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DECISION AND ORDER ON SECOND MOTION FOR SUMMARY JUDGMENT As developed and argued to date, plaintiffs complaint seeks money damages, in what amount to four counts, for alleged violation of his civil rights by defamation and denial of due process of law, and for alleged common law slander. Jurisdiction of the civil rights causes of action was laid under 28 U.S.C. §§ 1331 and 1343(3) and 42 U.S.C....
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MEMORANDUM AND ORDER This case is before the Court pursuant to Local Rule 11(f) on unnoticed cross-motions for summary judgment. The Court’s scope of review of a decision by defendant is limited to the single question of whether or not the findings of the defendant are supported by substantial evidence. Chavies v. Finch, 443 F.2d 356 (9th Cir. 1971). The Court has reviewed the transcript filed her...
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MEMORANDUM This case, brought under the Voting Rights Act of 1965, 42 U.S.C. §§ 1971 et seq., is presently before the Court on: (1) defendants’ renewed motion to dismiss Counts II, IV, and V of the amended complaint herein; (2) defendants’ motion for a protective order to prevent the taking of the deposition of Frederick J. McGrath; (3) plaintiffs’ motion to compel discovery; (...
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MEMORANDUM Plaintiff is a former Army Chaplain who was involuntarily separated from the military in 1976. He sues under the Privacy Act, 5 U.S.C. § 552a, et seq., asking the Court to determine the quality and efficiency of his military services for the period May 1 to November 1,1971. 1 Plaintiff originally filed this complaint in the United States District Court for the District of Hawaii ...
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ORDER This is a diversity action, 28 U.S.C. § 1332, seeking insurance proceeds and breach of contract damages, brought by Mr. Corbin, a citizen of Georgia, against The Hanover Insurance Company [hereinafter “Hanover”], a New Hampshire corporation with its principal place of business in Massachusetts and against Aetna Life and Casualty Company [hereinafter “Aetna”], a Connecticut corporati...
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ORDER ON DEFENDANT’S BILL OF COSTS I Having prevailed in the jury trial in this action on a life policy, Mutual Life Insurance Company of New York has filed a bill of costs which includes travel expenses of three witnesses to Savannah and return to give depositions and subsequently for the purpose of testifying at the trial. Two of the witnesses are officials of the defendant. The other is an unde...
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461 F.Supp. 704 (1978) Patricia F. CHILDRESS v. CONTINENTAL CASUALTY COMPANY et al. Civ. A. No. 76-2977. United States District Court, E. D. Louisiana. February 22, 1978. *705 Dan C. Garner, Kenneth M. Henke, Dan C. Garner & Associates, New Orleans, La., for plaintiff. Francis G. Weller, Deutsch, Kerrigan & Stiles, New Orleans, La., for defendants. MEMORANDUM OPINION AND ORDER EDWARD J. ...
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MEMORANDUM AND ORDER This is a civil action brought against the United States under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. The plaintiff here seeks money damages because of certain actions involving his real property taken by the Corps of Engineers of the Department of the Army. On behalf of the government, the United States Attorney for the District of Mary...
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MEMORANDUM These consolidated civil actions challenge the applicability to Federal savings and loan associations of a Massachusetts law requiring interest payments on certain real estate tax deposits. 1 In No. 76-3931-C, Massachusetts Commissioner of Banks Carol S. Greenwald (Commissioner), seeks declaratory and injunctive relief, specifically an order of the Court mandating de...
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OPINION Defendant James T. Callaghan is charged with the illegal manufacture and possession of a controlled substance in violation of 21 U.S.C. § 841(a). On October 2, 1977, evidence was seized at the home of the defendant pursuant to the execution of a search warrant issued by United States Magistrate Serena Perretti. Before the Court are defendant’s motions to impeach the search warrant...
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MEMORANDUM AND ORDER Defendant moves to dismiss the indictment on the ground that a further trial would subject him to double jeopardy in violation of the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. The case has had a peculiar history. Defendant was charged with violations of the laws against possession and transfer of counterfeit currency. 18 U.S.C. §§ 472,473...
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MEMORANDUM AND ORDER Defendants move to dismiss this purported class action complaint which alleges in Count I violations of the Sherman and Clayton Acts, in Count II a common law conspiracy to defraud, and in Count III a common law claim for punitive damages. Defendants make the motion pursuant to Rules 12(b)(1), 12(b)(6) and 12(c) of the Federal Rules of Civil Procedure, and urge (1) th...
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OPINION AND ORDER This is an action brought by an individual shareholder, Richard S. Kaye, against the company in which he holds stock, Pantone, Inc., a Delaware Corporation, and Herbert Group, Inc. (“HGI”), also a Delaware Corporation and majority shareholder in Pan tone. Pan tone and HGI merged in July 1977 pursuant to Delaware law and that merger gives rise to plaintiff’s complaint. Plaintiff ...
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OPINION This is a habeas corpus petition. Petitioner was convicted in Supreme Court, Bronx County, for armed robbery and related offenses. On June 11, 1976 he was sentenced by Justice Sullivan to terms from 12x/2 years to 25 years. On the day of sentence petitioner applied to have bail fixed pending appeal. This application was denied by Justice Sullivan without a statement of reasons. Peti...
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OPINION AND ORDER This cause came to be heard upon the motion of defendant for summary judgment and upon cross-motion of plaintiff for summary judgment. This Court is presented with an issue of apparent near first impression regarding the relationship of a member of the Army Reserve to his civilian employer. The parties have aided the determination of this cause by stipulating a series of...
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OPINION On February 9,1978, we held a hearing to consider the reasonableness of a settlement *51agreement entered into between plaintiffs and defendant. Following the hearing at which the class members were given an opportunity to voice any objections to the proposed settlement, we approved the agreement as fair, adequate and reasonable. We now write to document the reasons for our conclusion. Pl...
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ADJUDICATION Plaintiff has brought this civil rights action pursuant to 42 U.S.C. § 1983 asserting that he has been wrongfully dismissed from his employment as a county detective by the defendants and requesting equitable relief and damages. Plaintiff avers that the procedures by which his employment was terminated were arbitrary and capricious, lacked procedural due process, and thus were viol...
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MEMORANDUM OPINION AND ORDER A magistrate of this district recommended that this action be dismissed for the *28failure of the plaintiff to state a claim on which relief can be granted. Rule 12(b)(6), Federal Rules of Civil Procedure. The Court determines de novo the timely objection thereto of the plaintiff. 28 U.S.C. § 636(b)(1). It is true, as the plaintiff observes, that this action should no...
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CONSOLIDATED DECISION Before KILKENNY, Circuit Judge, and EAST and TURRENTINE, District Judges.* These causes, Nos. 3868 and 3909, were by stipulation of the parties consolidated for hearing and submitted to the Court on their respective merits following oral argument at Seattle, Washington on March 28, 1977. CAUSE NO. 3868 PARTIES: The plaintiffs are Confederated Tribes of the Colville Indian Re...
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MEMORANDUM AND ORDER The remaining defendants in this action have filed a motion for summary judgment and a renewed motion for judgment notwithstanding the verdict. The motions are addressed to the standing of the plaintiffs to bring this action and to certain issues pertaining to the type of damages claimed. In order to clarify the issues before the Court, a discussion of the proper...
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MEMORANDUM After numerous peripheral skirmishes that have taken their toll, both on the parties and the Court, defendant now attempts with this motion for summary judgment to take the offensive in an effort to inflict a ■fatal blow on plaintiff’s ease. Rather than counterattack, plaintiff has dug in, hoping *778 that the blows will miss their mark, that the assault will fail,...
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RULING ON DEFENDANTS’ “ON SALE” DEFENSE In this action based on a claim of patent infringement, the plaintiff Andrew Corpo*174ration (“Andrew”) seeks injunctive and monetary relief against Cablewave Systems, Inc. (“Cablewave”) and Kabel-und Metallwerke Gutehoffnungshuette AG (“KM”). Jurisdiction is invoked pursuant to 28 U.S.C. § 1338(a) and 35 U.S.C. § 281. The defendants contend, among other de...
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ORDER This case came before the Court upon the plaintiff’s motion for injunctive relief filed on February 9, 1978. Both parties filed substantial memoranda of law and affidavits. The motion was heard February 16, 1978. Plaintiff contends that he was arbitrarily and unreasonably terminated from his employment as a Firefighter-EMT 1 with the City of Sarasota because of his prior felony conviction. P...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW In this action arising under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 20(11) plaintiff Judith A. Miller seeks recovery from defendant for *1203 the loss of her 1971 Camaro. After a lengthy procedural history 1 the case was tried before this court which now enters the following findings of fact and con...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT RITE-RESEARCH IMPROVES THE ENVIRONMENT, INC., (RITE) has brought an action against DOUGLAS M. COSTLE, Administrator of the Environmental Protection Agency, THE DEPARTMENT OF ENVIRONMENTAL REGULATION OF THE STATE OF FLORIDA, DADE COUNTY WATER AND SEWER AUTHORITY, METROPOLITAN DADE COUNTY and THE CITY OF MIAMI BEACH, seek...
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MEMORANDUM OPINION Plaintiff Eleanor Sarafin is a retail purchaser who claims she has received consumer credit under an “Easy Payment-Modernizing Credit Plan” (the Plan) offered by defendant Sears, Roebuck and Company, Inc. (Sears). In her second amended complaint, she charges that in extending credit under this plan Sears failed to disclose the annual percentage rate of the finance ...
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MEMORANDUM AND ORDER This class action was brought against the individual defendants as representatives of former employees of Precision Castings *562 Company Division of Aurora Corporation with plants in Cleveland, Ohio and Fayetteville, New York, and against the Aurora Corporation of Illinois. Plaintiff Winpisinger and the other plaintiff-trustees (equally union and employer Trustees) of th...
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ORDER This is an action for alleged breach of express and implied warranties in connection with defective lowering devices manufactured by Defendant and installed on certain light poles at the Federal Correctional Institution in El Reno, Oklahoma. Plaintiff is an Oklahoma corporation with its principal place of business in Oklahoma; Defendant is an Illinois citjzen. It is asserted that th...
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ORDER GRANTING SUMMARY JUDGMENT This is an action for a tax refund in which Plaintiff seeks recovery of income *187 taxes alleged to have been erroneously, illegally and improperly assessed and collected from Plaintiff. It is asserted that the Court has subject matter jurisdiction of this action pursuant to 28 U.S.C. § 1346(a)(1). Pursuant to Rule 56, Federal Rules of Ci...
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MEMORANDUM The plaintiff, Eli Raitport, has filed a motion by affidavit under 28 U.S.C. § 144 requesting the Court to recuse itself from the instant action on the grounds of personal bias and prejudice. For the reasons which follow, the motion will be denied. On January 13, 1978, plaintiff filed a motion for a temporary restraining order, and requested that he be specially appointed to serve proce...
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MEMORANDUM AND ORDER The estate of Leon Harasimowicz filed this civil rights action alleging that the defendants, police officers in the City of Philadelphia, had killed Leon Harasimowicz. Following the death of Harasimowicz, an autopsy was performed by Dr. Aronson, Medical Examiner for the City of Philadelphia, pursuant to the statutory duties imposed upon the Medical Examiner by 16 P.S. § 95211...
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ORDER This matter is before the Court on the motion of defendant, Boy Scouts of America, Inc., for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The basis for defendant’s motion is its claim that the Boy Scouts of America is an eleemosynary corporation created for benevolent and charitable purposes and thus is immune from liability under the doctrine of charitabl...
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MEMORANDUM OPINION AND ORDER Introduction Dean Charles Treadway is charged with obstruction of justice. He has moved to *960 dismiss the indictment because an attorney with the Antitrust Division of the Department of Justice appeared'before the indicting grand jury as both a prosecutor and a witness. Because this duality violates both the Code of Professional Responsibility and Rule 6(d),...
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OPINION ON REMAND This matter is before the court on remand from the court of appeals. Beriault1 v. ILWU, 501 F.2d 258 (9th Cir. 1974). For the reasons given below, I find for defendants. PARTIES AND JURISDICTION Plaintiffs are a group of individuals2 who have been employed during various periods as casual checkers on the Portland, Oregon, area waterfront. A “checker” or “clerk”3 performs essenti...
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MEMORANDUM Plaintiff American Home Assurance Co. filed this suit to obtain a declaratory judgment holding that the claim submitted to it by defendant J. F. Shea Company is not covered by the insurance policy at issue here. Alternatively, if the Court should hold that there is liability under the policy, American seeks a declaration that the amount of liability be reduced by $100,000 pursu...
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MEMORANDUM OF OPINION This action arises out of plaintiffs’ purchase of three parcels of real property in a recreational subdivision known as “Lake Shastina.” Plaintiffs have alleged violations of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5 thereunder, violations of the Interstate Land Sales Full Disclosure Act (“ILSFDA”), 15 U.S.C. § 1703(a)(2...
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MEMORANDUM OPINION This case is before the Court on cross-motions for summary judgment. Upon consideration of the memoranda filed, the affidavits, and the administrative record, the Court finds that there are no genuine issues as to any material facts remaining in this case and that plaintiffs motion for summary judgment be granted in part and denied in part. I. BACKGROUND 1. Plaintiff, Bev...
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OPINION Defendant Jerry Gregory Williams has moved for reargument of an evidentiary ruling denying a motion to suppress an allegedly involuntary statement. 1 Following a hearing on December 5, 1977, this Court held that the potentially inculpatory statement in question was voluntary and *632 freely made in exchange for a reduction in bail and indictment for a lesser offense. 2 It was furt...
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OPINION The plaintiff, James A. Chute, is the son of James L. Chute and the administrator of his estate. The plaintiff, Helen L. Dotteridge, is the daughter of Harlan Lincoln *175 Matthews and the administratrix of his estate. Both plaintiffs have brought this action to recover for the deaths of their respective fathers as a result of the sinking of the boat AD LIB II on Sept...
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MEMORANDUM This matter is before the Court upon defendants’ motion for summary judgment. Plaintiff physicians filed this suit seeking declaratory and injunctive relief against the enforcement of §§ 188.040 and 188.045, R.S.Mo. (1974). By order of this Court dated November 28, 1977, it was held that plaintiffs lack standing to challenge § 188.-040. Plaintiffs were granted leave on February 15, 1978...
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MEMORANDUM JEANETTE M. BEHNEN has petitioned this District Court for judicial review of an adverse decision on two claims rendered against her by the Secretary of Health, Education and Welfare. Plaintiff’s first claim is for disability insurance benefits pursuant to Title II of the Social Security Act, as amended, 42 U.S.C. § 401 et seq. The second is a claim for supplemental security income benef...
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OPINION AND ORDER Before JOHN MINOR WISDOM * , Chairman, and EDWARD WEINFELD*, EDWIN A. ROBSON*, JOSEPH S. LORD, *1349 III, STANLEY A. WEIGEL, ANDREW A. CAFFREY, and ROY W. HARPER, Judges of the Panel. This litigation was spawned by the indictment of seven manufacturers, a corporation that manages trade associations, and eleven of their present and former offi...
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OPINION This action arises out of defendants’ allegedly fraudulent sale to plaintiffs of a parcel of real property consisting of two lots in a subdivided residential development located in eastern Pennsylvania. Plaintiffs Theodore and Ruth Fogel have sued various sales agents and developers of the property alleging violations of the Interstate Land Sales Full Disclosure Act of 1968 (“Land...
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MEMORANDUM OF DECISION In this employment discrimination case based on race the plaintiff, a former employee of the defendant Railroad, filed a complaint alleging violation by defendant of his rights under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. Plaintiff was last employed by the defendant in February of 1970 when he was laid off on account of a w...
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MEMORANDUM OPINION This is an action by the Plaintiff to collect a penalty assessed against Defendant for discharging a harmful quantity of oil into an unnamed tributary of Caney Creek in Atoka County, Oklahoma, in violation of § 311(b)(3) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1321(b)(3). It is asserted that the Court has subject matter jurisdiction of...
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OPINION Introduction Two questions of law are presently before me for decision. First, what is the citizenship, for purposes of diversity jurisdiction, of a real estate investment trust (“REIT”)? I hold that the citizenship of a REIT is that of each and every state in which any beneficiary or shareholder 1 is a *121 citizen. Second, may a distri...
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OPINION National City Bank, a federally-chartered national banking association with headquarters in Ohio, and Royal Scotsman Inns Corporation, a South Carolina corporation, brought this diversity action in May of 1975, seeking (1) an order compelling specific performance of certain real estate contracts, (2) consequential and punitive damages for breach of certain contracts, and (3) compe...
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OPINION The question in this diversity case is whether plaintiffs claim to be a third-party creditor beneficiary of a contract is barred by res judicata. For the reasons hereafter stated, I conclude plaintiffs arguments were fully considered by the courts of Pennsylvania which determined that under state law plaintiff was not a third-party beneficiary. Therefore, defendant’s motion for ju...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW STATEMENT OF THE CASE This admiralty action was brought by the United States of America for the recovery of $13,044.04 in Government funds expended in cleaning up an oil spill from the Sabine River on or about October 29, 1973. The Government contends that the spill emanated from a ruptured cargo tank in defendant Slade, Inc.’s (“Slade,” hereinafter) ta...
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MEMORANDUM ORDER Plaintiff, David A. Nicholson, instituted this action under 42 U.S.C. § 405(g) for review of a final decision of the Secretary of Health, Education, and Welfare, denying his claim for disability insurance benefits under the Social Security Act, 42 U.S.C. § 416(i) and § 423. The decision of the administrative law judge became the decision of the Secretary when it was affirmed by th...
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MEMORANDUM OPINION 1. Background Facts. This case arises under the Privacy Act of 1974, Pub.L. No. 93-579, 88 Stat. 1897, 5 U.S.C.A. § 552a (Supp.1976). 2 Plaintiff, a special agent employed by defendant Internal Revenue Service (IRS) until the agency discharged him for cause effective July 16,1976, relies on section 3(d)(1) of the Privacy Act, 5 U.S.C.A. § 552a(d)...
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FINDINGS OF FACT 1. On September 3, 1975, William H. Hamer and the other individual plaintiffs herein filed the above-captioned complaint against the City of Atlanta and others, alleging patterns and practices of racial discrimination concerning promotional procedures within the Atlanta Bureau of Fire Services. 2. On December 1, 1975, a similar suit was filed by the plaintiff United States of Amer...
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ORDER OF COURT This bankruptcy matter involving an arrangement under Chapter XI of the Bankruptcy Act, 11 U.S.C. §§ 701-799, is before this Court on appeal from orders of the bankruptcy court of September 2, and 29, 1977. By these orders the bankruptcy court authorized the debtor to borrow up to $50,-000 and to secure that debt with certificates of indebtedness which would have priority o...
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MEMORANDUM OPINION Plaintiff brought this action under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the Privacy Act, 5 U.S.C. § 552a, seeking access to background investigation information obtained by the Secret Service pursuant to plaintiff’s application for employment. Mr. Nemetz also seeks to amend any inaccurate or incomplete portions of the requested documents pursuant ...
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MEMORANDUM OF RULING AND PROCEDURAL ORDER Since May 1971 petitioner has been serving a life sentence after conviction in the state court of first degree murder. In November 1974 he petitioned for habeas corpus on the sole ground that he was denied due process by the trial judge’s failure to question prospective jurors concerning racial prejudice inasmuch as he is black and *1061 the victim wa...
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MEMORANDUM AND ORDER Defendants David Rothkopf and Phillip S. Wess, here sued both individually and as partners formerly doing business as the accounting firm of Rothkopf & Wess, have brought these motions pursuant to Rule 12(b)(1), F.R.Civ.P., to dismiss this action for want of federal jurisdiction over the subject matter. Though so denominated, the motion is actuality is a motion pursua...
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MEMORANDUM AND ORDER According to the plaintiffs’ pleadings, in the early morning of April 28, 1973, ten-year-old Clifford Glover and his step father, plaintiff Add Armstead, encountered Detective Thomas Shea and Patrolman Walter Scott of the New York City (“the City”) Police Department. When the incident ended, Glover was dead and Armstead wounded. Both Eloise Glover, as administratrix o...
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MEMORANDUM OPINION AND ORDER WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW INTRODUCTION The essence of this action is patent infringement. The patent in issue is U.S. Patent No. 3,166,154, granted January 19, 1965 (the “Titzel patent”). The accused devices are portable work towers (“reline towers”) manufactured by Fordees Corporation (“Fordees”). This action involves both the question...
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ORDER This matter is presently before this Court predicated on an appeal from the decision of the Bankruptcy Judge rendered on September 23, 1977. The appeal was properly taken pursuant to Rule 801 et seq. of the Rules of Bankruptcy Procedure. The parties have stipulated as to the facts involved in this controversy, and the Court finds, pursuant to Rule 809 of the Rules of Bankruptcy Procedure tha...
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OPINION Plaintiffs, trustees of the United Mine Workers of America Health and Retirement Funds, hereinafter sometimes referred to as plaintiff or the trust fund, is a pension plan organized pursuant to 29 U.S.C. § 186(c)(5). It js required by 29 U.S.C. § 186(c)(5) that the trust fund be used “for the sole and exclusive benefit of the employees” and by 29 U.S.C. § 186(c)(5)(B) that “the detail...
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MEMORANDUM John C. Shimek, Defendant in the above-captioned case, is charged with three counts of wilfully and knowingly supplying false and fraudulent information to the Internal Revenue Service in violation of 26 U.S.C. § 7205 pertaining to fraudulent withholding exemption certificates or failure to supply information. 1 Defendant has filed numerous pretrial motions includi...
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MEMORANDUM AND ORDER The discovery proceedings in this civil rights suit against Philadelphia police officers, the City of Philadelphia, the Mayor and the Police Commissioner of the City, have become very complicated and have posed many problems to the parties and this Court. During the course of discovery, this Court has ruled on various motions to compel, motions for sanctions and motions for pr...
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MEMORANDUM AND ORDER This case comes before the court on defendants’ motion to suspend a preliminary injunction pending appeal. Eastern, the plaintiff, and Lehigh, the corporate defendant, are competing milk cooperatives. Following two days of testimony, I granted plaintiff’s motion for a preliminary injunction the effect of which was to prohibit Lehigh’s accepting milk from 16 named dairy farmers...
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MEMORANDUM OPINION Prior Litigation, Legislation and Administrative Action Relating to Voter Rights of Prairie View Students The case which controls this controversy is Whatley v. Clark, 482 F.2d 1230 (5th Cir. 1973) (hereinafter “Whatley"). That case holds that the statutory presumption of non-residency contained in Article 5.08(k) of the Texas Election Code...
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DECISION and ORDER This is an interpleader action, brought by the plaintiff insurance company against the defendants, who claim the proceeds of a life insurance policy issued by the plaintiff to one Major R. Harris. The policy allegedly was issued in the amount of $6,000.00, with an additional benefit of $6,000.00 for death by accidental means. It is claimed that Mai or Harris died by drowning in ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW THIS MATTER is before the Court upon the defendants’ Rule 41(b) motion for involuntary dismissal upon the close of all the evidence, including testimony and exhibits, received in plaintiff’s case in chief. The Court is of the opinion that all the evidence bearing on the relevant issues of law have been submitted in the plaintiff’s case in chief, and...
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ORDER This cause comes before the court on the motion of defendants Victor Sebastian and Carlo Di Cicco to dismiss the complaint in light of the pendency of a similar state court action. On October 5, 1976, plaintiffs filed an action (No. C 76-3786) in the Circuit Court of Lake County, Indiana, 1 against defendants Sebastian and Di Cicco, seeking to recover $500,000 damages for personal inj...
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MEMORANDUM OPINION The above-styled actions have been consolidated since they involve identical issues and, therefore, this memorandum opinion is applicable to both actions. A case involving the identical issues presented in these two actions has recently been decided by The Honorable Thomas A. Ballantine, Judge for the United States District Court for the Western District of Kentucky. Plaint...
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Desmond Davis, the plaintiff in this civil action, is a black male who here seeks damages and other relief from his employer under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. Litton Bionetics, Inc., the corporate defendant (hereinafter “LBI” or “the defendant”), conducts scientific and medical research, including experiments on animals, at various locations ...
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MEMORANDUM Plaintiff relies on the Securities Act of 1933 and the Securities and Exchange Act of 1934 1 to recover money invested with the defendant brokerage firm (Pressman), as well as commissions paid by her to that firm. Plaintiff’s theory is that she was defrauded by Ronald Contrado while he was employed as a stockbroker by Pressman. 2 *206 I. ...
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*504OPINION AND ORDER DENYING DEFENDANT’S MOTION TO QUASH SUBPOENA AND FOR PROTECTIVE ORDER On January 27, 1978, plaintiff filed with the Court his Notice of Deposition Upon Oral Examination, wherein he noticed up the deposition of Dr. V. W. Hollo, M.D., for Thursday, February 16,1978. On February 9,1978, defendant filed its Motion to Quash and for Protective Order, asking, inter alia, that this C...
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OPINION AND ORDER The United States filed a complaint seeking recovery of damages from the named defendants for conversion of cattle mortgaged to the Farmers Home Administration. The action was settled and dismissed with prejudice as to defendants Elvy M. Woods, Mrs. Elvy M. Woods, and Boyd Shaver. Only Count V of the complaint remains viable. That count charges that the Public Auction Ya...
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MEMORANDUM The defendant moves pursuant to Title 9, Section 3 of the U.S.Code, for an order staying litigation in this action pending completion of arbitration proceedings. For the reasons set forth below, defendant’s motion is granted. 1 The instant litigation has its genesis in a shipload of sugar carried from Peru to Boston in January 1976 aboard defendant’s vessel. The st...
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MEMORANDUM OPINION Luis Hernandez, a defendant in this criminal proceeding, moves for mandatory immediate release from custody under the provisions of the Speedy Trial Act, 18 U.S.C. § 3161 et seq., alleging that last Sunday, February 12, 1978, was his 90th day “in detention solely because [he is] awaiting trial”, and that “through no fault of his own, his trial has not commenced.” 18 U.S.C. § 316...
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MEMORANDUM OPINION AND ORDER Defendant Glen-Gery Corporation has moved for summary judgment in its favor on plaintiffs’ complaint and on the cross-claims of defendants Mellon-Stuart Company and Loeffler/Johnson & Associates. The basis for the motion for summary judgment is that all of the above claims are barred by the two year limitations period of § 2305.10, O.R.C. Plaintiffs’ comp...
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MEMORANDUM The defendant has filed a motion to set aside the default entered against him in this action. For the reasons which follow, the motion will be denied. *135I. BACKGROUND Plaintiff, Joseph Spica, filed suit on July 25, 1977, against defendant, William Garczynski, to recover damages allegedly sustained as a result of a motor vehicle accident which occurred on November 25, 1975. The summons...
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MEMORANDUM This case presents a question concerning the reach of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5, 17 C.F.R. § 240.10b-5, promulgated thereunder. Before the Court is defendants’ motion to dismiss plaintiffs’ amended complaint pursuant to Fed.R. Civ.P. 12(b)(6). For the reasons hereinafter set forth, defendants’ motion will be granted...
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MEMORANDUM OPINION Background Facts In September 1963, Jerry Burnaman, a graduate of Stephen F. Austin Teacher’s College in Nacogdoches, Texas, began teaching vocational education in the Bay City Independent School District (hereinafter “BCISD”). He was well suited by temperament and background for this position. After growing up on a farm in East Texas, he had worked his way through Stephe...
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MEMORANDUM OF DECISION The City of New Haven (the City) has requested that this Court permanently enjoin the construction of three electrical transmission towers being built by the defendant United Illuminating Company (the Company) in New Haven Harbor alongside the Quinnipiac Bridge (Interstate 95) under a permit issued by the defendant U. S. Army Corps of Engineers (the Corps). 1 ...
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MEMORANDUM, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT LARSON, Senior District Judge. FINDINGS OF FACT 1. Plaintiff Trumbull Division, Owens-Corning Fiberglass Corporation is a Delaware corporation, with its principal place of business in Chicago, Illinois. Plaintiff has operated an asphalt manufacturing plant in Minneapolis, Minnesota, for over 25 years. *913 2. Defend...
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OPINION The Estate of Richard L. Tecott, deceased, has moved in this criminal case, to expunge the name of Tecott from the indictment. The indictment, which is in 80 counts, charges three named defendants with conspiracy, 18 U.S.C. § 371, and with substantive offenses. The conspiracy charge alleges that the named defendants acted in concert with each other and with Tecott, who is named as an unin...
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OPINION Plaintiffs move for certification of this suit as a class action, Rule 23(c), Fed.R. Civ.P., and defendants cross-move for summary judgment. Rule 56(b), Fed.R.Civ.P. This action was commenced by Morris and Bernard Greenspan, as co-trustees for their nephew. Plaintiffs also seek to represent those other persons, who, from January 12, 1973 through April 15, 1974, purchased shares of NJB Pri...
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OPINION After a trial on stipulated facts, judgment is granted in favor of the defendants and intervenor, and the complaint is dismissed. This case tests the constitutionality of New York State’s poundage fees as applied to a nonresident corporation that obtained a discharge of an attachment order in New York City. Pursuant to section 8012(b) of the New York Civil Practice Law a...
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OPINION and ORDER At the close of plaintiff’s case in this non-jury action, defendants have moved to dismiss on the ground that the plaintiff has shown no right to relief, pursuant to Rule 41(b) Fed.R.Civ.P. The Court makes the following findings of fact and conclusions of law pursuant to Rule 52(a) Fed.R.Civ.P. Findings of Fact This action is brought by plaintiff Raymond J. ...
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MEMORANDUM and ORDER The Manufacturers and Traders Trust Company (“M & T”) appeals from the decision and order issued September 9,1976 and from the post-judgment order issued September 24, 1976 by the Honorable Beryl E. McGuire, Bankruptcy Judge, which denied its reclamation petition. The decision of the bankruptcy court, as amended, held that section 908 of New York’s Business Corporatio...
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JUDGMENT David L. Mills, a prisoner of the State of North Carolina, was tried for second degree murder, was convicted of voluntary manslaughter, and was sentenced to twenty years in prison at the March 13, 1975, session of the Mecklenburg County Superior Court. He petitions for a writ of habeas corpus on the grounds that (1) he was denied the right to a speedy trial; (2) his trial counsel faile...
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MEMORANDUM AND ORDER Plaintiff, A-T-O, Inc., filed this declaratory and injunctive action on June 18,1976, *546 against the defendant Pension Benefit Guaranty Corporation (PBGC). In its amended complaint filed October 27, 1976, A-T-0 alleges, inter alia, that certain sections of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq. ...
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OPINION Defendant John Trowery was convicted in a jury trial on charges of possession of cocaine with intent to distribute it in violation of 21 U.S.C. § 841(a)(1) (Counts 3 and 4) and of conspiracy in violation of 21 U.S.C. § 846 (Count 1). The defendant now moves for a new trial or, in the alternative, for judgment of acquittal. * John Trowery was one of six persons named in the indictmen...
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MEMORANDUM Plaintiff, Keith Forsyth, initiated this civil action in 1972 to recover damages in connection with the federal government’s electronic interception of telephone conversations, which he claims violated his rights under 18 U.S.C. §§ 2510-2520 and the First, Fourth and Ninth Amendments of the Constitution of the United States. 1 The defendants remaining in this action ...
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MEMORANDUM RULING On January 12, 1978, Dr. Gaona, through counsel, requested a hearing pursuant to 28 U.S.C. § 1867 concerning his motion challenging the jury selection system in the San Antonio Division of the Western District of Texas. The request was granted. An evidentiary hearing was held on January 23, 1978. The motion is predicated on the alle *1239 gations that jurors...
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DECISION AND ORDER This is an action seeking judicial review of a final decision of defendant, Secretary of the Department of Health, Education, and Welfare, denying plaintiff’s application for social security disability insurance benefits. The plaintiff has exhausted his administrative remedies and is properly before the court under the provisions of 42 U.S.C. § 405(g). The court is empo...
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ORDER AND MEMORANDUM OPINION This action was brought by plaintiff under 28 U.S.C. § 1343(3) and 42 U.S.C. § 1983, alleging violation of its constitutional rights by the defendants under color of an Ordinance. Plaintiff seeks a preliminary injunction restraining defendants from enforcing the provisions of the City of Louisville’s Ordinance 69, Series 1977. Plaintiff also seeks a declaratory judgmen...
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OPINION The Bank of New Orleans and Trust Company (hereinafter referred to as BNO) commenced this action seeking to foreclose on its preferred ship mortgage as against the O/S Tracy Marie, owned and operated by Delta Boat & Barge Rental Co., Inc. (hereinafter referred to as Delta). Subsequently, Lee-Roy Towing Co. (hereinafter referred to as Lee-Roy) intervened asserting a maritime lien f...
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MEMORANDUM AND ORDER Plaintiff, presently confined at the Missouri Training Center for Men, Moberly, Missouri, has filed a pro se complaint challenging defendants’ practices, regulations and procedures for denial of parole. The complaint is filed on the Court’s standard Civil Rights Act complaint forms. Plaintiff asserts that defendants, who are the members of the Missouri Board of Probation and ...
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ORDER This age discrimination action is before the court on defendant’s motion to dismiss based on plaintiff's alleged failure to comply with the administrative notice provision of 29 U.S.C. § 626(d)(1). For purposes of the motion, the facts are as follows: Plaintiff was given notice of termination by defendant on February 7, 1975, and worked his last day on that date. Defendant used this date ...
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MEMORANDUM AND ORDER Plaintiff, a former inmate at the Northampton County Prison, (the Prison) filed suit under 42 U.S.C. §§ 1983 and 1985(3) and 28 U.S.C. §§ 1343(3), 2201, 2202, 2281, and 2284, against the Northampton County Prison Board (the Prison Board), and its members and certain employees, and the Pennsylvania Board of Probation and Parole (the Parole Board) and its members and certain ...
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MEMORANDUM AND ORDER Plaintiff has filed this action on behalf of himself and all others similarly situated against defendant, his former employer, under and pursuant to Title VII of the Civil Rights Act of 1964,42 U.S.C. § 2000e et seq. and 42 U.S.C. § 1981, alleging discriminatory treatment on the basis of his Hispanic national origin. Jurisdiction of this Court is invoked pursuant to 42 U.S.C. ...
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MEMORANDUM OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW The United States Court of Appeals for the Fifth Circuit has directed this Court to “conduct further proceedings on the present record and on such a supplemental record as it and the parties initially deem proper to make more explicit findings of fact and conclusions of law” on what basis the District Court concluded as a Finding of Fa...
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MEMORANDUM Plaintiffs, American Motor Sales Corporation (American) and Early AMC, Inc. (Early), bring this action challenging the constitutionality of § 46.1-547(d) of the Code of Virginia and seeking declaratory and injunctive relief. Defendants are the Division of Motor Vehicles of the State of Virginia (DMV) and Vern L. Hill, Commissioner of the DMV (the Commissioner). P. D. Waugh & Co...
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ORDER RE CERTIFICATION UNDER RULE 23 F.R.C.P. Twenty store franchise owners have brought this antitrust action against Baskin-Robbins Ice Cream Co., its subsidiaries and its area franchisors alleging violations of § 1 of the Sherman Act (15 U.S.C. § 1) and § 3 of the Clayton Act (15 U.S.C. § 14). Jurisdiction is claimed under §§ 4 and 16 of the Clayton Act (15 U.S.C. §§ 15 and 26) and 28 U.S.C §§...
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*100RULING ON DEFENDANT’S MOTION TO DISMISS AND/OR FOR SUMMARY JUDGMENT The Secretary of Labor has brought this action against the Hartford Fire Insurance Company (“the Hartford”) under the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-34. The complaint alleges that the Hartford has willfully violated the Act by terminating, demoting, failing to promote, or otherwise discriminati...
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ORDER DENYING PRELIMINARY AND PERMANENT INJUNCTIONS This cause came on for consideration upon the motion of plaintiff for a preliminary injunction. The court, having considered the record and having heard extensive oral argument on this matter, finds and concludes that a preliminary injunction should not issue herein because plaintiff has not demonstrated irreparable injury. Further,...
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ORDER This is an action seeking contribution from alleged joint tortfeasors. Plaintiff settled a claim arising out of a January 7, 1973, automobile accident and now seeks contribution from others involved in the collision. Jurisdiction is invoked based on diversity of citizenship of the parties. 28 U.S.C. § 1332. Presently pending before the court are several motions. Defendants Lloyd D. Ha-gen, R...
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MEMORANDUM DECISION This matter comes before the Court on plaintiff’s Motion for Summary Judgment on the Issue of Contract Liability and defendant’s Motion for Summary Judgment. The parties at oral argument stipulated that: (1) Indiana law is controlling in this case; (2) Plaintiff is the named beneficiary on an application for insurance completed by the decedent (her husband) o...
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This action is purportedly brought by the plaintiff, Richard Morales, a shareholder of the defendant, Great American Corporation (GAC), on behalf of GAC and for the benefit of its stockholders, to compel the individual defendants, J. Clifford Ourso, Sr. and Max Pace, to account for profits allegedly realized by them from the purchase and sale of stock in contravention of Section 16(b) of the Se...
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In 1974, Combe Incorporated (Combe) introduced “Johnson’s ODOR-EATERS” 1 (“ODOR-EATERS”), a shoe insole designed to eliminate foot odor. Since their appearance on the market, over twenty million pairs have been sold (testimony of Chapin Nolen, president of Combe, Tr. at 201). As is apparent from this statistic, as well as Combe’s gross receipts for the sales of the insoles, $19,000,0...
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OPINION This is a suit by four power utilities that challenges the jurisdiction of the United States Environmental Protection Agency (“EPA”) with regard to certain National Pollution Discharge Elimination System permits (“NPDES permits”) presently pending before the EPA.1 Plaintiffs’ claim is that the EPA has been deprived of jurisdic*629tion by virtue of 33 U.S.C. § 1342(c)(1),2 which is § 402(c)...
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MEMORANDUM OPINION AND ORDER In the case of Clarendon Bank & Trust Company v. Fidelity & Deposit Company of Maryland, 406 F.Supp. 1161, (E.D.Va.1975), Clarendon Bank & Trust recovered $307,-*888812.00 from Fidelity and Deposit (F&D) under the banker’s blanket bond issued by F&D for loss sustained by CB&T as a result of allowing Car Retailers to draw on drafts deposited to its account, which depos...
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MEMORANDUM OF DECISION Johnny Mack Thacker, petitioner, was tried in Mecklenburg County, North Carolina, Superior Court in February, 1969, on charges of safecracking, in violation of N.C. G.S. § 14-89.1. The jury found him guilty, and he was sentenced by the presiding judge, the late Judge B. T. Falls, to serve 48 to 50 years in the state prison. *377 Thacker seeks relief via habeas corpu...
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ORDER This case is before the court on defendants’ motion to dismiss pursuant to Rule 12(b)(6)! By order filed December 28, 1977, the court indicated it would grant the motion in part and deny it in part. The court now files this memorandum setting out the reasons for its ruling. The complaint contains the following allegations, which for purposes of this motion are taken as true. Fr...
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MEMORANDUM Commonwealth Auto Sales, Inc. and two individuals are charged in this 16-count indictment with violating the Motor Vehicle Information and Cost Savings Act of 1972 (the “1972 Act”), as amended by the Motor Vehicle Information and Cost Savings Act Amendments of 1976 (the “1976 Amendments”). See 15 U.S.C. §§ 1984, 1988(b) and 1990c (Supp.1977). The 1976 Amendments added criminal penaltie...
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MEMORANDUM AND ORDER Defendants Robert Baer Cohen (“Cohen”) and Reynold Yannessa (“Yannessa”) are charged in a twenty-count indictment with fraud, extortion and racketeering in the selection of architects by the School Board of Bensalem Township for work completed in that school district. The first thirteen counts of the indictment charge Cohen, attorney for the School Board, and Yannessa...
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*1191 MEMORANDUM OF OPINION This lawsuit involves the right to restitution of various employers who made mistake contributions to the California Butchers’ Pension Trust Fund (“Fund”) on behalf of ineligible employees. The Court’s Memorandum of Opinion filed on December 27, 1977, 445 F.Supp. 1177, sets forth the factual and procedural background of the case. The mistakenly co...
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MEMORANDUM OF OPINION This is an action instituted by the United States seeking a declaratory judgment that the County of Humboldt, California (the “County”), and officials thereof are barred from imposing a tax on active-duty military personnel by virtue of such personnel’s occupancy of Government-owned military housing, situated in the County, to which such personnel are assigned, and injunctiv...
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ORDER DISMISSING COMPLAINT This is an action under 42 U.S.C. § 1983 by an inmate at the Colorado State Penitentiary in Canon City, Colorado, who alleges violations of his rights under the Eighth *192Amendment to the Constitution of the United States by prison officials at the Colorado State Penitentiary for requiring inmates to visit with friends and relatives over telephones installed at the faci...
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MEMORANDUM OPINION This action is before the Court upon defendants’ renewed motion for summary judgment. To facilitate an appreciation of the issues currently before this Court, we believe it appropriate to present the background of this litigation. A. History of this Action. This civil damage action constitutes a challenge to warrantless electronic surveillan...
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ORDER This is an action by plaintiff-insurer seeking a declaratory judgment concerning its duty to pay any judgment which may be entered against its insured, defendants Frank D. Middleton, Sr. and Frank D. Middleton, Jr., arising out of a May 19, 1975, automobile accident. Jurisdiction is invoked under 28 U.S.C. 1332, based on diversity of citizenship. Plaintiff is now before the Court on its Mot...
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DECISION ON CROSS MOTIONS FOR SUMMARY JUDGMENT After thirty-six years of employment with General Motors Corporation (GM), Patsy Capocci retired on August 1, 1972, at the age of fifty-eight years and nine months. He moved to Hawaii with his wife, Edith, and, in January 1973, obtained employment as a baggage inspector at the Kauai airport. Contrary to his union negotiated pension plan, Mr. ...
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MEMORANDUM OPINION AND ORDER Plaintiff, in Count II of her amended complaint, asserts a claim against defendant for alleged violations of regulations 202.4(c)(4) and 202.4(a), 12 C.F.R. 202.4(c)(4) and (d) (1977), promulgated by the Board of Governors of the Federal Reserve System pursuant to the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691 et seq. (1970). She prays for declaratory and inj...
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MEMORANDUM AND ORDER In this petition for a writ of habeas corpus, petitioner seeks release from confinement because of an alleged denial of his right to a speedy trial by the State of Maryland. Petitioner’s claim is based chiefly on an asserted violation of the Interstate Agreement on Detainers (IAD), to which the State has been a party at all times relevant. See Annotated Code of ...
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MEMORANDUM AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT In this product liability case founded upon diversity and removal jurisdiction, plaintiff Enola Swope, a minor, by and through her co-plaintiff and mother, seeks recovery from the defendant manufacturers for injuries she received in a school bus accident occurring February 16, 1973. Plaintiffs have previously brought an actio...
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OPINION In this criminal case, the Grand Jury heard testimony of Mr. Tecott in the course of its investigation. Before the indictment was returned, Mr. Tecott died. The indictment names three individuals as defendants, and charges them with conspiring with each other and with Mr. Tecott. Of course, Tecott could not be indicted as a defendant to be tried because he had meanwhile died. ...
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OPINION AND ORDER Defendant John J. Kearney, a former agent of the Federal Bureau of Investigation (“FBI”), was indicted in a five-count indictment filed on April 7, 1977 charging conspiracy (Counts I and IV), 18 U.S.C. § 371, aiding and abetting the obstruction of correspondence (Counts II and III), 18 U.S.C. §§ 2,1702, and unlawful wiretapping (Count V), 18 U.S.C. §§ 2, 2511(l)(a), in c...
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*1313 MEMORANDUM AND ORDER In this action commenced in the Supreme Court of the State of New York, Suffolk County, plaintiff has sued defendant Joseph Morton Co., Inc. (“Morton”) for rents due on a lease of various pieces of concrete mixing equipment for use on Plum Island, New York. Defendant Merlon E. Wiggin is Chief of Engineering and Plant Management of the Plum Island Animal Disease Cent...
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MEMORANDUM AND ORDER Edward M. Korry, former United States Ambassador to Chile, charges in this diversity action that defendant International Telephone & Telegraph (“ITT”) through its employees, and defendant Harold Geneen, its president, along with others not charged, conspired to and did injure him through various false statements. 1 Defendants have moved to dismiss, raising ...
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DECISION This is an action commenced by the United States, through the Food and Drug Administration (F.D.A.), for violation of section 301 of the Food, Drug, and Cosmetic Act, 21 U.S.C. § 331 1 ; jurisdiction being alleged under section 302 of that Act, 21 U.S.C. § 332. 2 The Government is primarily seeking to enjoin the shipment of frozen, french-style green beans ...
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OPINION This case arises from a contract for the installation of steel siding on the house of Plaintiffs, Samuel and Dorothy Engle. As more fully set forth below, disputes arose as to the terms of the contract and the quality of the work performed, with the result being that Plaintiffs refused to consummate a loan from the Western Pennsylvania National Bank which had been arranged to fina...
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OPINION Fitzpatrick has filed this action pursuant to 28 U.S.C. § 2241 alleging that Respondents’ failure to afford him a hearing within a reasonable time after his arrest pursuant to a parole violator’s warrant violated his constitutional rights. On January 11, 1978, following a hearing held before United States Magistrate Havas and his submission of recommended findings of fact and conclusions o...
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MEMORANDUM AND ORDER The plaintiff, Richard N. Weeks, is a shareholder of the defendant company, American Dredging Company. The plaintiff is also the Vice President of Weeks Dredging & Contracting, Inc. (Weeks Dredging). Weeks Dredging presently .is attempting to take over American Dredging Company. To aid Weeks Dredging in its takeover effort, the plaintiff sought from the defendant a sh...
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MEMORANDUM OPINION WITH ORDER ATTACHED ACTION FOR DAMAGES This matter is before the Court on the motion of defendant, St. Croix Discount, Inc., for an order compelling plaintiffs, Hector and Mildred Maldonado, to respond to *502discovery requests heretofore filed by defendant. Plaintiffs have moved the Court for the issuance of a protective order with respect to matters sought per discovery by def...
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MEMORANDUM OF DECISION The plaintiff, a woman, brings this action against her former employer, charging discrimination against her and “other females similarly situated” because of sex, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2. She now moves the court to certify as a plaintiff class all women currently employed by the defendant and those who may be...
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MEMORANDUM OPINION The named plaintiff in this action seeks a declaratory judgment (1) that she and the class she represents, conservatees and wards of the public guardian, are entitled to receive care and treatment in the setting which is least restrictive of their civil liberties, and (2) that certain practices of the public guardian violate state statutory provisions regarding the duties of ...
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MEMORANDUM OPINION AND ORDER On or about March 24, 1973, the defendant, Franklin L. McNulty, won the Irish Hospitals Sweepstakes. He collected 50,000 Irish pounds, or $128,410 at the prevailing, rate of exchange. Defendant soon learned, however, that he had a silent partner which would claim its share of the prize. That partner was the Internal Revenue Service, whose interest defendant so...
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MEMORANDUM AND ORDER This case is before the Court on a Motion for a New Trial filed by the defendant *1274 Blair. The Government has filed an Opposition thereto. A hearing was held pursuant to Federal Rule of Evidence 606(b), wherein testimony of two jurors was received. For the reasons discussed below, this Court finds that extraneous information improperly entered into the...
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MEMORANDUM DECISION In early 1977, two related claims were filed in this court. On April 26 of that year, the United States brought suit against Anderson Seafoods, Inc., and Charles F. Anderson, its president (the “Enforcement Action”), No. MCA 77-0215. The United States claims that the defendants in that case have distributed fish which are “adulterated” within the meaning of section 402...
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MEMORANDUM AND ORDER This is a wrongful death action. Federal jurisdiction is based upon diversity of citizenship. On January 3, 1975, plaintiffs’ decedent was working on a construction project at the Kansas City Power & Light facility located at LaCygne, Kansas. As a result of an allegedly defective coupler, a railroad flat car broke free from a switch engine. The car rolled down an inclined tra...
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This appeal from the bankruptcy court by the Chapter XI debtor concerns the order of the bankruptcy judge modifying the Rule 11-44 stay to allow the Bank of Louisiana to foreclose on the real property, furniture, and fixtures of “The Front Page”, an entertainment facility that is the main asset of the debtor, A.J.N. Enterprises, Inc. After a hearing on December 20, 1978, the order of the bankru...
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In this action in which jurisdiction is based on diversity of citizenship, plaintiff La Salle Shipping Co. (La Salle) seeks to recover damages from defendant Maher Terminal, Inc. (Maher) for Maher’s negligence in unloading from a truck to a staging area at Dundalk Marine Terminal a crate containing a component of an automatic piston line, manufactured and still owned by La Salle, which was to b...
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OPINION Defendant Diaco moves by motion filed on January 25, 1978, to reduce his sentence under Fed.R.Crim.P. 35. He grounds his motion upon an unusual predicate: that on February 3,1978 another judge of this court, taking issue with the five-year sentence I imposed upon Diaco and his codefendants in June 1975, vacated that sentence and purported to resentence certain of the defendants to a term ...
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MEMORANDUM This is a motion under Rule 12(b), Federal Rules of Civil Procedure, to dismiss the plaintiff’s complaint on the grounds of forum non conveniens. Plaintiff sues to recover damages for personal injuries sustained on May 15,1976 while a member of a crew on a fishing vessel. Plaintiff is an Italian citizen. The fishing vessel is registered under the Italian flag. The vessel owner is an Ita...
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MEMORANDUM OPINION On January 18, 1978, the United States, acting for the Consumer Product Safety Commission (CPSC), obtained an ex parte warrant of seizure from the Clerk of this Court, directing the seizure of quantities of several different types of children’s sleepwear which were treated with a substance commonly known as TRIS. As authority for its action, the government invoked 15 U....
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ORDER REQUIRING DISCOVERY In the memorandum of decision filed on June 29, 1977, the plaintiffs’ attorneys were ordered to provide information on their services so that an interim award of attorney fees could be considered. Plaintiffs’ counsel provided such information by affidavits. In a motion filed December 2,1977, the defendant indicated that although it does not contest that plaintiffs’ attorn...
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OPINION AND ORDER This matter is before the Court on the parties’ cross-motions for summary judgment. Pursuant to agreement of the parties and an order of this Court dated June 30,1977, stipulations of fact were submitted to provide a factual basis for the Court’s decision on the motions. Reply briefs opposing the respective motions are also before the Court for consideration. The cr...
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OPINION Count One of the amended complaint alleges infringement by the defendant of plaintiffs’ patent for a front-discharge concrete mixing truck, and Count Two alleges unfair competition by defendant. Defendant has moved pursuant to F.R.Civ.P. 56(b) for summary judgment as to each count. Defendant contends as to the patent infringement count that the patent held by plaintiffs was invali...
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DECISION and ORDER The plaintiff, a prisoner presently incarcerated at the state prison, Waupun, Wisconsin, has moved for a preliminary injunction requiring the defendants to return him to his former place of incarceration, the Oakhill Correctional Institution, Oregon, Wisconsin, until such time as he is afforded a hearing concerning the propriety of his transfer under the pertinent institution...
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MEMORANDUM OPINION This matter is before the Court on a petition to enforce an Internal Revenue Service summons (Filing No. 1). The summons was issued to Wayne Van Horne, President of the First National Bank, Chadron, Nebraska, requesting production of all records relating to financial transactions between the First National Bank and W. Dean Hirsch or Jamie L. Hirsch. Mr. Van Horne and the First ...
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Memorandum of Decision and Order The instant appeal presents a variety of interesting questions relating to the scope of the Bankruptcy Act’s stay provisions and their interplay with section 68 of the Act, 11 U.S.C. § 108. Borden appeals from Bankruptcy Judge C. Albert Parente’s October 14, 1977 order enjoining further prosecution of its counterclaim asserted against the debtor-in-possess...
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MEMO ON CROSS-MOTIONS FOR SUMMARY JUDGMENT This is an action brought by the United States to permanently enjoin the City of Blue Ash, Ohio and its officials from enforcing Section 99.03 (eff. September 15, 1977) of the Blue Ash Code of Ordinances and to declare that section invalid. The claim is that the area dealt with by the section has been preempted by the Federal Government under the Supre...
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ORDER DENYING PLAINTIFFS’ ,. MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT In its order of December 13, 1977 the court directed the parties to submit materials relevant to third-party defendant Entriken’s period of employment with Champlin so as to enable the court to rule on plaintiffs’ motion for leave to amend for the purpose of adding Dewey Mason and Mickey Bowles as parties defendant...
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OPINION ON MOTIONS FOR SUMMARY JUDGMENT The United States of America (Government) brought separate suits against Billie Sol Estes and wife, Patsy D. Estes, seeking a personal judgment against each of them for amounts they owed it as a result of assessments for certain income taxes, penalties and interest for the years 1959, 1960, 1961 and 1962, plus accrued interest as provided by law. Th...
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MEMORANDUM OF OPINION In these cross motions for summary judgment, each party seeks a final judgment declaring whether or not plaintiff Allstate Insurance Company (“Allstate”) is obligated to defend or to pay any damages that may be awarded in a tort action presently pending in a California state court. The issues of insurance coverage raised by the parties are fairly straightforward. The...
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ORDER DENYING MOTION TO SUPPRESS This cause came on for consideration upon the motion of the defendants to suppress evidence. The court, having considered the record and being fully advised in the premises, finds and concludes that the motion should be denied. This motion was filed by the defendants Jorge Palenzuela and Virgen Palenzuela and was joined in by the remaining codefendants, Julio ...
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ORDER This case involves an action for patent infringement based upon U.S. Reissue Patent No. 27,366. The patent at issue was the product of an April 13, 1965 application for Letters Patent on a process for making foam rubber which is dried without the use of gelling agents and without gelling the wet foam. Pending before the court is defendant’s motion for separate trial. Defendant contends plai...
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ORDER This case concerns the allegedly constitutionally deficient procedures utilized in effectuating plaintiff’s termination as an employee of the Housing Authority of the City of College Park (“Authority”). Jurisdiction is invoked pursuant to 28 U.S.C. §§ 1331 and 1343(3) and (4). Pending before the court are cross motions for summary judgment. Plaintiff had been a full-time employee of the...
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FINDINGS, MEMORANDUM AND ORDER On December 16,1977 the defendant filed Motion for Summary Judgment together with Memorandum of Authority to which plaintiff filed response on January 13,1978. Hearing and oral argument were held on January 20, 1978 and supplemental briefs have been filed and examined. On May 4, 1974 the plaintiff applied for the position of Guidance Director at Goshen High School. T...
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ORDER AWARDING EXPENSES PURSUANT TO RULE 37(a)(4), F.R.Civ.P. On December 1, 1977, defendant union propounded its first set of interrogatories to plaintiff. The certificate of service contained therein indicated that all parties were mailed a copy of these interrogatories *751on November 30, 1977. Plaintiff’s responses were, therefore, due on or about January 2, 1978. However, plaintiff did not a...
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This appeal has been taken from a decision of the Honorable Beryl E. McGuire, Bankruptcy Judge, denying the debtor’s motion to reopen the voting on the real property plan which he had submitted to *87 creditors. The appeal presents several questions for decision arising out of a sizable real property arrangement involving a substantial number of creditors and comes to this court in a complex pr...
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MEMORANDUM and ORDER Paul V. Oates, was charged in a two count indictment with conspiring with one Isaac Daniels to possess heroin with intent to distribute it, and with aiding and abetting Daniels to possess heroin with intent to distribute it. Defendant waived his right to a jury trial and was tried by the court. 1 Before reaching a decision as to defendant’s guilt or innocence, there is a ...
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REMAND OPINION On August 31,1976, this Court in a Memorandum Opinion and Order found that the Cleveland Board of Education and the State Board of Education, through their constituent members and their appointed Superintendents, have violated the plaintiffs’ Fourteenth Amendment right to equal protection under the laws by intentionally fostering and maintaining a segregated school system withi...
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REMEDIAL ORDER In its Remand Opinion entered today, this Court reconsidered and elaborated upon its findings of August 31,1976 in light of Dayton Board of Education v. Brinkman, 433 U.S. 406, 97 S.Ct. 2766, 53 L.Ed.2d 851 (1977), and other recent United States Supreme Court decisions. Today’s Opinion reaffirms the August 31, 1976 findings that defendants (City and State) discriminated against pla...
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ORDER OF DISMISSAL This is a medical malpractice action brought against the United States pursuant to the Federal Tort Claims Act (Act), 28 U.S.C. §§ 1346(b), 2671 et seq. Pursuant to Rule 12(b), Federal Rules of Civil Procedure, the United States has filed a Motion to Dismiss Plaintiff’s. Complaint on the grounds that the Court lacks jurisdiction over the subject matter and that the Complaint fai...
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MEMORANDUM AND ORDER Presently before the Court are the motions of plaintiff Harry B. Charal for leave to file a verified second amended complaint and to join Price Waterhouse and Company (“Price Waterhouse”) as a party defendant, pursuant to Fed.R.Civ.P. 15(a) and 21, respectively. Turning to plaintiff’s Fed.R.Civ.P. 21 motion first, it appearing that through discovery plaintiff has established a...
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OPINION Plaintiff, the Rhode Island Chapter, Associated General Contractors of America, Inc., challenges whether Congress can, consistent with the Fifth Amendment, pinpoint a percentage of government public works contracts for minority businesses, upon a finding that such businesses do not successfully compete because of past and present discrimination. Congress authorized the Secret...
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*1288 OPINION In this case plaintiffs Lake Union Dry-dock Company (Lake Union) and Duwamish Shipyard, Inc. (Duwamish) seek to foreclose maritime liens against the M/V POLAR VIKING pursuant to the Maritime Lien Act. 1 Plaintiffs supplied materials and/or rendered services to the vessel while she was under a sub-demise charter to North-land Marine Lines (NML) from her ow...
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OPINION The State of Washington, by initiative, 1 has adopted a broad and comprehensive law dealing with obscenity. Under Initiative 335, certain places are declared to be “moral nuisances” and, as such, injurious to public morals. Section 2 of the initiative lists the types of places which constitute a moral nuisance. Among the establishments listed are theatres which exh...
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DECISION AND ORDER The plaintiff in this case, the Wisconsin Electric Power Company (hereinafter “WEPCO”), has sued the defendant Zallea Brothers, Inc. (hereinafter “Zallea”) for monetary damages allegedly suffered by the plaintiff due to the failure of certain products purchased from the defendant. Jurisdiction is predicated upon the diversity of citizenship of the parties. 28 U.S.C. § 1332. T...
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DECISION and ORDER In this action the plaintiff seeks damages from the defendants for injuries she allegedly suffered while working as a meat wrapper for the A & P food stores. The plaintiff claims that in the process of wrapping meat in plastic film manufactured by the defendants, the film exuded smoky fumes containing toxic agents, causing the plaintiff injury. A trial was schedule...
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MEMORANDUM AND ORDER THIS CAUSE comes before the court on plaintiff’s motion for summary judgment. By this motion plaintiff seeks to establish that the death of plaintiff’s husband resulting from a shooting was accidental within the meaning of the terms of his life insurance policy. Many of the facts in this case are undisputed. Plaintiff and her husband apparently were quarrelling when plaintiff...
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MEMORANDUM OF OPINION This action concerns the duty of the United States to informants who provide information about criminal activity. Plaintiff gave agents of the Drug Enforcement Administration (“DEA”) information which led to the seizure of approximately one-half ton of marijuana and to the arrest and conviction of Scott Lamkin in the United States District Court for the Northern...
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MEMORANDUM OPINION & ORDER This matter comes before the court on defendants’ motion to dismiss for, inter alia, lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. Plaintiffs, employees of the United States Department of Labor, allege claims of discrimination because of their race, sex, and age under Title VII of the Civil Rights A...
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*76 RULING ON MOTION TO DISMISS This case is before the Court on the defendant’s motion to dismiss for lack of jurisdiction and for failure to state a claim upon which relief can be granted. The controversy arises out of a motor vehicle accident on the premises of the United States Naval Air Facility in Sigonella, Italy, which resulted in the death of a sailor, David R. Welch, after he was st...
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RULING ON MOTION TO DISMISS Defendants have been charged in an indictment with violating 18 U.S.C. § 641 (1970), 1 a statute which establishes sanctions upon any person who “embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States . ...
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RULING ON PETITIONS FOR WRITS OF HABEAS CORPUS The petitioners, James Carbone and Peter Carbone, are both state prisoners, who are *614 presently confined in the Connecticut Correctional Institution at Somers. They were tried together and convicted by a state court jury on an information charging each with four counts of larceny. They have filed applications for writs of habeas corpus in this...
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MEMORANDUM OF DECISION Plaintiffs in this declaratory judgment action seek to enjoin the City of Ansonia from levying a proposed sewer assessment against city homeowners. Defendants have moved to dismiss for lack of jurisdiction. Because plaintiffs can appeal any sewer assessment to the state courts 1 and air their objections in that- forum, this Court holds that “a plain, spee...
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DECISION ON MOTION TO DISMISS Petitioner was convicted of murder after a jury trial in the Circuit Court of Cook County and, on April 19, 1972, sentenced to a term of 14 to 20 years which he is currently serving at Stateville Correctional Center. He seeks a writ of habeas corpus on five grounds. Respondent has moved to dismiss the petition. For the following reasons, we will grant the motion....
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MEMORANDUM OPINION On June 3, 1976 the Equal Employment Opportunity Commission pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., (hereinafter “Title VII”), filed a complaint against Whirlpool Corporation (hereinafter “Whirlpool”) alleging that Whirlpool, at its LaPorte and Evansville, Indiana, facilities,, has engaged in, an...
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MEMORANDUM AND ORDER This memorandum addresses the four pending motions in Duncan : 1. Motion to Consolidate Duncan with Rawlings. Paper 21. 2. Motion to Certify Class in consolidated cases. Paper 20. 3. Motion of plaintiff to compel. Paper 22. 4. Motion of Defendant to compel. Paper 24. In addition, the following motions are outstanding in Rawlings: 5. Motion to strike class allegations. Paper 4...
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MEMORANDUM AND ORDER Defendant Third National Bank of Hampden County (bank), chartered in Massachusetts, brought suit in 1976 against plaintiff in Minnesota, in Hennepin County District Court, to recover on a promissory note. The complaint and affidavits filed by a vice president and an attorney for the bank stated that plaintiff had recently been indicted in Massachusetts and made refere...
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MEMORANDUM AND ORDER By this diversity action Southern Illinois Stone Company (hereinafter Stone Company) seeks to recover substantial damages based on alleged breaches of express and implied warranties in connection with its purchase of new machinery and equipment from Machinery, Inc. (Machinery) and Universal Engineering Corporation (Universal) for use in its new rock crushing plant in Illinois....
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MEMORANDUM On April 24, 1966 the venerable New York Herald Tribune ceased publication, yet another victim of a lamentable epidemic of business failures which decimated the ranks of New York City newspapers. Now, over a decade later, litigation has arisen over the use of the name “The Trib” by a fledgling New York metropolitan area daily paper unrelated to the old morning compan...
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OPINION The attorney for the plaintiffs, who successfully challenged as unconstitutional the “Hawking and Peddling Ordinance” of Orangetown Township insofar as it required a prior license for the sale of newspapers or other periodicals on the public streets or other public areas, now moves for an award of counsel fees in the sum of $6,806.25. The allowance is sought from the supervisor, t...
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OPINION On March 12, 1971, plaintiff Mollie Nussbacher, a stockholder of the Leasco Data Processing Equipment Corporation (“Leas-co”) commenced this action against Chase Manhattan Bank and other institutional defendants, as well as the directors of Leasco, seeking damages for alleged violations of Regulations G, T and U, 12 C.F.R. §§ 207, 220, 221, promulgated by the Board of Governors of...
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MEMORANDUM OPINION AND ORDER In Re Lockup 1 This is a class action challenging the constitutionality of a lockup at the Maximum *181 Security facility of the Adult Correctional Institution (ACI), brought pursuant to 42 U.S.C. § 1983; 28 U.S.C. §§ 2201, 2202. Jurisdiction is conferred by 28 U.S.C. § 1343(3). 2 The defendants, in the absence of an existing emergency, have locked the p...
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ORDER Petitioner filed a motion for reduction in sentence under F.R.Crim.P. 35 on April 8, 1977, within one hundred twenty (120) days of his sentencing on December 9, 1976. Petitioner was sentenced by this court “to the custody of the Attorney General’s representative for imprisonment for a period of three years.” This is a “straight” sentence under 18 U.S.C. § 4205(a) under which a prisoner is “e...
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STIPULATION OF FACTS This Stipulation of Facts is in reference to the above captioned Declaratory Judgment action which arises from two civil actions filed in the United States District Court for the District of South Carolina, Charleston Division. The first Civil Action is No. 75-220 in which Rosemary Mazur is the plaintiff and Ronald P. Hildebran and Walker Trucking Company, Inc. are defendan...
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MEMORANDUM OPINION AND ORDER A magistrate of this district recommended that a judge of this Court deny the motion of the defendant United States Fidelity and Guaranty Company to dismiss this action for the failure of the use-plaintiff to state a claim against it on which relief can be granted and for the lack of jurisdiction of the subject matter herein, Rules 12(b)(6), (1), Federal Rules of Civil...
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MEMORANDUM This case is before the court on appeal from the judgment of the bankruptcy judge denying plaintiff’s plea for an equitable lien in a motor vehicle owned by defendant and granting defendant’s motion to dismiss plaintiff’s amended complaint for reclamation. Based upon a rather unusual set of facts and a confusing portion of Florida law, the bankruptcy judge held that plaintiff’s securit...
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ORDER REQUIRING COMPLIANCE WITH STATE STATUTES, THE RETURN OF CERTAIN COPIES OF ITEMS SEIZED PENDING HEARING, AND GRANTING INJUNCTION AGAINST FUTURE MULTIPLE-COPY SEIZURES This case is before the court upon plaintiff’s request for injunctive relief from the actions of the defendants Joe Ritchie, Ogden City Chief of Police; Robert L. Newey, Weber County Attorney; and Stephen A. Dirks, Ogden City...
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DECISION and ORDER The defendant Robert Douglas Stone has filed a motion to dismiss counts 1 and 2 of the indictment as to him and a request for a trial to the court accompanied by a waiver of trial by jury. He also has made various discovery demands. The other seven defendants have filed motions to sever offenses and defendants. All of the defendants’ motions will be denied or dismissed....
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MEMORANDUM OPINION This case arises from the United States swine flu inoculation program of 1976. The plaintiff, Ivo Jones seeks damages from the four manufacturers of the vaccine as compensation for the personal injuries he- asserts were proximately caused by his inoculation on October 28, 1976. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332. The United States has fi...
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MEMORANDUM OPINION This case is before the Court on cross-motions for summary judgment. The central issue is whether names of certain individuals who gave statements to investigators from the Occupational Safety and Health Administration may properly be withheld *1234 pursuant to exemption 7(D) of the Freedom of Information Act, 5 U.S.C. § 552(b)(7)(D). Upon consideration of ...
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OPINION Plaintiff brings his claims under 42 U.S.C. §§ 1983, 1985, 1986, and purports to *841 invoke the Court’s jurisdiction under 28 U.S.C. § 1343. He states that in early 1975, he had an agreement with the First Marion Bank of Ocala, Florida, in accordance with which purchase contracts were assigned by plaintiff to the bank. Plaintiff was the seller in the purchase contrac...
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ORDER STATEMENT OF THE CASE This civil action is brought by plaintiff, Lavada H. Oldfield, derivatively on behalf of defendant, Atlanta National Real Estate Trust [hereinafter “ANRET”] and representatively on behalf of all shareholders of ANRET. The other defendants include individual trustees of ANRET, ANRET’s investment manager, Atlanta National Management Company [hereinafter “Management Co.”]...
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MEMORANDUM AND ORDER Plaintiff brings this action to seek judicial review of the denials of his two claims for benefits; one for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 401 et seq.; the other for supplemental security income benefits under Title XVI of the Act, 42 U.S.C. § 1381 et seq. The denials are the “final decisions” of the Secretary, and t...
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MEMORANDUM AND ORDER ON MOTION TO DISMISS . This action was filed in June, 1975, for the purpose of challenging maternity leave policies which allegedly prevailed in various school districts in the State of Kansas. It has been stipulated that plaintiff Joan McCarthy, while employed as a mathematics instructor at the Union Valley Junior High School in Hutchinson, Kansas, was twice denied accru...
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RULING ON MOTIONS By complaint filed February 25, 1977, Johnston and Miciotto asserted a § 19831 action, alleging that on August 29, 1976, at the Villa Norte Apartments in Shreveport, they were unlawfully arrested and physically abused by George C. Spriggs. At the time, Spriggs, a City policeman, provided part-time, off-duty security services for Villa Norte Apartments. In addition to the action a...
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A jury in this Section 1983 1 action found that the plaintiff, Cornelius L. Fagot, a Continental Airlines ticket agent at New Orleans International Airport, was arrested without probable cause by the individual defendant police officers, Salvador J. Ciravola and John W. Flannery, III, on charges of disturbing the peace, resisting an officer, obstructing police, and simple battery, all in allege...
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Fred W. Matthews and four other black adult citizens of the United States, citizens, residents and qualified electors of Leflore County, Mississippi, filed a complaint herein on October 26, 1976. Plaintiffs seek to prosecute the suit as a class action pursuant to Fed.R.Civ.P. 23 for themselves and all others similarly situated who (a) aré potential candidates for public office in Leflore County, ...
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MEMORANDUM This matter is before the Court upon the motion of defendant Simmerman for summary judgment and the motion of defendants Warzycki and Warren to dismiss for failure to state a claim upon which relief can be granted. Defendant Simmerman has filed an affidavit and an exhibit in support of his motion. The exhibit, a police report, states that Simmerman and a fellow officer were present at t...
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MEMORANDUM On April 12, 1973, a jury returned a verdict of guilty on two counts of an indictment charging Malcolm R. Morrison with the passing and concealment of counterfeit money. Thirteen days later, this Court sentenced Morrison to ten years on each count, each term to run concurrently with the other. This Court’s judgment was entered pursuant to 18 U.S.C.A. § 4208(a)(2) (1969), which provided ...
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OPINION The sole issue herein on the question of liability is whether the injury to plaintiff is attributable to negligence or fault of the defendant shipowner. The stevedore by whom the- plaintiff was employed to unload the coffee cargo was given and had complete control of the area of the accident and the manner of performing the work at the time. There is no proof of any defect in the ship’s ge...
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OPINION Statement of the Facts The debtor filed a petition in the Bankruptcy Court seeking an arrangement under Chapter XII of the Bankruptcy Act. The debtor was permitted to retain possession of its sole asset, land and an apartment building erected thereon known as Schwab House located at 11 Riverside Drive, New York, New York. *10 Schwab House is encumbered by th...
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MEMORANDUM and ORDER This is an action, brought pursuant to 42 U.S.C. § 1983 and its jurisdictional counterpart, 28 U.S.C. § 1343, seeking (1) a declaration that Section 114 of the New York Domestic Relations Law is unconstitutional on its face and as applied, and (2) an injunction prohibiting the enforcement of that statute. Plaintiff claims that the statute violates his First, Fifth, Ni...
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MEMORANDUM AND ORDER An indiscriminate killing of four innocent diners lunching at the historic Fraunces Tavern in New York City occurred on January 24, 1975, when a charge of dynamite was deliberately exploded. Fifty-three other diners were injured. Credit for this and a number of other dynamitings was claimed by a terrorist organization called Fuerzas Armadas de Liberación Nacional Puertorriq...
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OPINION The Automobile Club of New York and the AAA Clubs of New Jersey as plaintiffs herein have applied for a preliminary injunction in this declaratory judgment suit to restrain the PA (New York and New Jersey Port Authority) from collecting and disbursing and to impound the increases in the tolls it has levied for use of its four interstate bridges since 1975. The increased tolls were...
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ORDER This case comes before the Court on motions filed herein by the defendant company and defendant union. The company moves for summary judgment based on the doctrine of laches asserting that prejudice has resulted from the delay of the EEOC in bringing this action. The company also seeks dismissal of this action, asserting that the Court lacks subject matter jurisdiction for the failu...
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OPINION Under the declaratory judgment procedure provided by 28 U.S.C. 2201, the plaintiffs, trustees of a pension trust as authorized by 29 U.S.C. 186(c)(5), seek a determination by this Court whether certain individual defendants, who have been employees of defendant Polar Water Company and members of defendant unions, are eligible for certain pension rights under the applicable written agree...
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MEMORANDUM Plaintiff Frances DeGideo (“DeGideo”) filed a complaint against defendant SperryUnivac Company * (“Sperry”), alleging that she was discriminated against on the basis of sex, in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e et seq., as amended, § 206(d)(1) of the Fair Labor Standards Act (“Equal Pay Act”), 29 U.S.C. §§ 201 et seq., and all appli...
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MEMORANDUM James F. Carpenter seeks legal and equitable relief, including damages, reinstatement to former employment, back pay, liquidated damages and attorney’s fees for alleged discriminatory termination of his employment with the defendant. The action is based upon an alleged violation of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. Jurisdiction is based on Ti...
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*338 MEMORANDUM AND ORDER This is a civil damage suit brought by the plaintiff, Beverly Ann Gray (Gray), against a drug company, Eli Lilly and Company (Lilly), and the United States. Plaintiff alleges that she has been harmed by a drug diethylstilbestrol (DES), taken by her mother during Gray’s period of gestation.- The pleadings and affidavits indicate that DES was dispensed by physicians in...
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MEMORANDUM OF OPINION This is an action instituted by plaintiff seeking a determination that her claim to certain proceeds from the sale of real property has priority over any claims of the United States to such proceeds. The United States has filed a cross-claim seeking a determination that it is entitled to first priority payment from the same sales proceeds. Both parties have moved for...
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MEMORANDUM OPINION This matter comes before the court on cross-motions for summary judgment. This is an action to have the denial of a change in plaintiffs’ nonimmigrant status declared arbitrary, unjustified, and unlawful and therefore, to have the applications for a change in status approved. Plaintiffs are citizens of the Republic of China and their next friend Lun Kwai Tsui. On February 13,...
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MEMORANDUM AND ORDER The instant Social Security action seeking review of the Secretary’s denial of disability insurance benefits under 42 U.S.C. § 401 et seq. is now before the court for determination of the cross motions for summary judgment filed by the respective parties. The sole question presented for review is *36whether there is substantial evidence to support the Secretary’s finding that ...
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OPINION On June 16, 1977, Sound/City Recording Corporation (Sound/City) filed this complaint against David Solberg, more commonly known as David Soul (Soul), alleging that Sound/City and Soul had entered into a contract to record and market vocal performances by Soul. According to the complaint, the contract provided for Sound/City to own all “master recordings” made pursuant to the contra...
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445 F.Supp. 836 (1978) Joan RUDOLPH, Plaintiff, v. WAGNER ELECTRIC CORP., Defendant. No. 77-O322C(1). United States District Court, E. D. Missouri, E. D. February 1, 1978. *837 Lisa Van Amburg, Anderson, Everett, Sedey & Van Amburg, St. Louis, Mo., for plaintiff. D. J. Sullivan, Timothy L. Stalnaker, Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., for defendant. MEMORANDUM MEREDITH, ...
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MEMORANDUM OPINION Plaintiff brought this action under § 4 of the Clayton Act, 15 U.S.C. § 15, seeking treble damages for alleged violations of § 1 of the Sherman Act, 15 U.S.C. § 1. This action is before the Court on plaintiff’s motion for partial summary judgment and defendants’ cross-motion for summary judgment. Based on the depositions, answers to interrogatories and stipulations of fact, t...
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MEMORANDUM OPINION On August 19, 1977, a judgment in the amount of $34,123.85, with interest thereon at the rate of six percent per annum, was entered against Francis Dorey, the defendant, by this court in a suit for the enforce*722ment of a California judgment under the full faith and credit clause of the United States Constitution. On September 21, 1977, Francis Dorey appealed the decision of th...
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ORDER This action is 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 disallowing plaintiffs application for disability insurance benefits and for establishment of a period of disability under 42 U.S.C. §§ 416(i) and 423. The administrative law judge denied plaintiff’s claim on July...
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MEMORANDUM OPINION This case is before the Court on plaintiff’s motion to certify the case as a class action under Fed.R.Civ.P. 23(b)(2). For the reasons hereinafter stated, the Court will conditionally certify the case as a class action consisting of all black applicants (except those who hold or have held non-supervisory positions with the defendant) for supervisory positions and all black supe...
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OPINION Plaintiffs in this case have sued for injunctive and declaratory relief against implementation of certain sections of the United States Grain Standards Act of 1976, 7 U.S.C. §§ 71-87h. For the reasons given below, the Court denies the requested relief. I. The material facts of this case are not in dispute. Since 1916 federal law has required that all American grain shipped in interstate or...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The above-entitled cause came on for trial before the Court, sitting without a jury, pursuant to Title YII of the Civil Rights Act of 1964, as amended, by the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 2000e-16, which gave federal employees in executive agencies and other named agencies and departments a cause of action for discrimination...
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OPINION This 42 U.S.C. § 1983 action is brought by Thomas Winsett, an inmate at the Delaware Correctional Center (“D.C.C.”). Plaintiff complains that the defendant prison officials 1 have denied him classification to the work release program at D.C.C. in violation of his rights to due process of law and equal protection under the Fourteenth Amendment. Plaintiff seeks compensatory and punitive...
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MEMORANDUM OPINION AND ORDER In the wake of United States ex rel. Baker v. Finkbeiner, 551 F.2d 180 (7th Cir., 1977), three state prisoners have sought writs of habeas corpus from this Court under 28 U.S.C. § 2254 asserting that their guilty pleas in state criminal proceedings were defective. In each of the cases the respondent has moved to dismiss on the grounds that the petitioners have not exha...
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MEMORANDUM AND ORDER The above-captioned case comes before the Court on defendant’s “Motion to Partially Dismiss Complaint,” seeking dismissal of the cause of action based upon 42 U.S.C. § 1981 for lack of subject matter jurisdiction and dismissal of the class action allegations in the complaint for failure to state a claim upon which relief can be granted. This is an employment discrimination ca...
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MEMORANDUM OPINION The plaintiff filed this action individually and as guardian for her husband and children seeking damages for injuries her husband Roger Southerland sustained during a confrontation with one of the defendants, a member of the Oakland County Sheriff’s Department. During that confrontation on January 2, 1971, Roger Southerland was struck on the side of his head with a .357 Magnum ...
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OPINION ON MOTION TO DISMISS In these consolidated actions, plaintiffs Frederick Voytko and his wife Janet, and Ronald Ryan and his wife Barbara, allege that the defendants combined to maliciously prosecute Voytko and Ryan for failing to pay a hotel bill, depriving plaintiffs of civil rights under 42 U.S.C. §§ 1983 and 1985(3) (1970), and committing common law torts of malicious prosecuti...
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MEMORANDUM OPINION This matter is before the Court upon the Motion of the defendant General Electric Company for partial summary judgment against the plaintiff upon those portions of the complaint alleging a right to relief pursuant to 42 U.S.C.A. § 1981. It is the defendant’s contention that the plaintiff has not and cannot bring herself within the protection of that section, since all of he...
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MEMORANDUM In the aftermath of a ten-year litigational history, the plaintiff, John Anthony Smith (“Smith”), an attorney, is suing defendants The Fidelity Mutual Life Insurance Company (“Fidelity”) and Richard H. Hollenberg, G. Clay Von Seldenick and Roy D. Kent (“the individual defendants”) on three counts. The action is before this Court on diversity grounds. Smith charges Fidelity with commi...
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MEMORANDUM AND ORDER On July 9, 1964, petitioner Mosher was sentenced by the County Court of Westchester County as a second felony offender to a term of 40-60 years on a plea of guilty to armed robbery in the first degree. The other three charges made in the indictment were withdrawn. In 1972, Mosher, after exhausting his state remedies, including a coram nobis proceeding, brought a petition for h...
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MEMORANDUM DECISION The attorneys for the plaintiff class in this settled action arising under the securities laws, now seek allowances for their legal services in the amount of $35,000.00, disbursements amounting to $5,000.00 and $10,000.00 additional to pay accountants who assisted in the preparation of the case for trial. Familiarity is assumed with all prior memorandum decisions ...
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ORDER This is a proceeding for writ of habeas corpus by a federal prisoner in which he *888seeks to avoid removal and trial on charges pending in the Superior Court of Chatham County, Georgia in cases numbered 22360, 23658, 23659, 23660 and 23661. Respondent Warden has filed a Motion for Summary Judgment. Respondent State has filed a Motion to Dismiss. From the court’s examination of the pleadings...
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MEMORANDUM OPINION This case comes before the Court on a Motion for Summary Judgment filed herein by William L. Roush, plaintiff. This motion has been responded to by the defendant as well as the third party defendant. The Court has considered the briefs of the parties, researched the authorities applicable to this case and determines that plaintiff is not entitled to summary judgment. ...
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OPINION Barbara L. Lewis and Helen C. Tracy, public school teachers employed by the School District of Bristol Township, brought these identical actions for equitable relief under the Civil Rights Act of 1871, 42 U.S.C. § 1983 (1970), and under state law, against the School District itself, the members of the School Board of Bristol Township, and the Superintendent of Schools of Bristol Township....
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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. This court’s jurisdiction is pursuant to § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates § 205(g) of the Social S...
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MEMORANDUM Plaintiff, a woman formerly employed by the defendants, who are the Commonwealth of Virginia and the Superintendent of the Department of Education, W. E. Campbell, brings this action under Title VII, of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging that defendants engaged in sexually discriminatory practices against her throughout the period of her employment with th...
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MEMORANDUM Petitioner, Fred H. Silva, brings this action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He is presently incarcerated in the Virginia State Penitentiary pursuant to a September 18, 1973 conviction in the Circuit Court of Bedford County on the charge of statutory burglary. Following that conviction, he was convicted of being a fourth time recidivist pursuant to Virg...
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DECISION AND ORDER This is a suit by several members of the defendant union seeking to restrain the union (“IAMAW”) from disciplining them for crossing the picket lines of a sister union during a strike against Northwest Airlines in 1970. The suit was dismissed by order dated September 6, 1973, on the ground that § 101(a)(4) of the Landrum-Griffin Act, 29 U.S.C. § 411(a)(4), precluded all causes o...
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ORDER The plaintiffs, who are pretrial detainees incarcerated at the county jail of Milwaukee County, filed a motion pursuant to Rule 65, Federal Rules of Civil Procedure, for a preliminary injunction restraining the defendants from enforcing and continuing the present visiting policies and conditions at the jail. In a decision and order dated June 13, 1977, I indicated that injunctive relief shou...
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MEMORANDUM OF DECISION ON MOTION TO REMAND This remand petition raises unsettled issues concerning the relationships between federal and state law and between federal and state courts in the implementation of remedies for civil rights violations. The *555 respondents in this Court are unsuccessful applicants for the position of police officer in the Bridgeport Police Department. They were pla...
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ORDER ON DEFENDANTS’ MOTION FOR AWARD OF ATTORNEY’S FEES ORDER ON MOTION OF PLAINTIFF’S COUNSEL FOR AWARD OF FEES FOR OPPOSING DEFENDANTS’ MOTION Having denied plaintiff’s motion for new trial in this civil rights action involving the death of a prisoner of the State of Georgia, I take up defendants’ motion for award of attorney’s fees in defending the suit and the counter motion of plaintiff...
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MEMORANDUM OPINION This action arises under the Due Process Clause of the Fifth Amendment, and seeks a finding that classification under Title 5, United States Code, Section 8340, and other unspecified statutes, providing for federal pensions, which grant increased payments to offset increases in the Consumer Price *174 Index to persons who once worked for the federal government, is unconstit...
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ORDER Plaintiff brings this action pursuant to 42 U.S.C. § 405(g) for review of a decision by the defendant Secretary of Health, Education, and Welfare denying plaintiffs application for disability and supplemental security income benefits. Plaintiff filed his claim for Disability Insurance Benefits on June 5, 1975 (Tr. 57-GO). The Bureau of Disability Insurance, Division of Initial Claims, denied...
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OPINION AND ORDER Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, JOSEPH S. LORD, III, STANLEY A. WEIGEL, ANDREW A. CAFFREY, and ROY W. HARPER, Judges of the Panel. This litigation consists of eight actions pending in two districts: five in the East-*1023era District of Louisiana, and three in the Eastern District of Texas. The eight actions stem from the deaths of seven ...
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*224OPINION AND ORDER Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, JOSEPH S. LORD, III, STANLEY A. WEIGEL, ANDREW A. CAFFREY, and ROY W. HARPER, Judges of the Panel. This litigation consists of three actions pending in two districts: two in the Southern District of New York and one in the Eastern District of Washington. Each of these actions centers around the activit...
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OPINIÓN The complaint in this antitrust action was filed on November 26, 1975. On December 19, 1975, defendants filed an answer to the complaint together with a three-count counterclaim. On March 16, 1977, over fifteen months after the answer and counterclaim were filed, defendants moved this court, pursuant to Fed.R.Civ.P. 13(f), for an order permitting the filing of an omitted counterclaim whic...
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MEMORANDUM OPINION AND ORDER Joseph R. Healey petitions this court for a writ of habeas corpus, 28 U.S.C. § 2254, on the ground that he was denied effective assistance of court-appointed counsel in violation of his rights under the Sixth Amendment to the Constitution. 1 The petition will be dismissed in 30 days from the filing of this order unless, prior to that date, petitioner submits speci...
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MEMORANDUM The defendant moves for a second reduction of sentence pursuant to Rule 35, Federal Rules of Criminal Procedure, or alternatively for modification of the Judgment and Commitment Order to provide that defendant may become eligible for parole at such time as the Board of Parole may determine. See 18 U.S.C. Section 4205(b)(2). For the reasons discussed herein, defendant’s motion is denied ...
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MEMORANDUM The defendant has timely moved for reduction of sentence pursuant to Rule 35, Federal Rules of Criminal Procedure. Defendant was convicted on his plea of guilty entered April 5, 1977 to two counts of possession of stolen mail and one count of uttering a forged endorsement on a United States Treasury check. On May 19,1977 he was sentenced to four years on each count, sentences to run ...
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OPINION AND ORDER Plaintiffs in this action seek declaratory and injunctive relief to restrain the defendants from constructing, or committing federal funds for the construction of the proposed Olentangy Environmental Control Center and Interceptor System (hereinafter OECC). The OECC is a proposed sewage treatment facility to be built in southern Delaware County between State Route 315 and the ...
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OPINION I. Introduction. Plaintiffs filed this action on August 10, 1977, alleging that Griffin B. Bell, Attorney General of the United States, Norman A. Carlson, Director of the United States Bureau of Prisons, Department of Justice, and Eldon Jensen, Superintendent of Allenwood Prison Camp, had violated the National Environmental Policy Act, (sometimes hereafter NEPA), 42 U.S.C.A. ...
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MEMORANDUM DECISION This is a class action brought by the Deer-field Hutterian Association and Sam Waldner representing himself and the parents of school-age children of the Deerfield Hutterian Association. Plaintiffs seek declaratory relief that defendants are operating a public school system which discriminates against plaintiffs on the basis of national origin and religion. Plaintiffs also s...
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MEMORANDUM OPINION AND ORDER The jury herein found for the defendant.1 The plaintiff moved timely to have such verdict and the judgment entered thereon set aside and to have judgment entered in accordance with its motion for a directed verdict, Rule 50(b), Federal Rules of Civil Procedure, or, in the alternative, for the Court to grant it a new trial, Rules 59(a), (b), Federal Rules of Civil Proc...
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MEMORANDUM OPINION AND ORDER This is a suit by the owner and manager of a movie theater and bookstore in Amarillo, Texas, against various local and state officials, involving claims for injunctive relief, declaratory relief, and damages pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 2201. Jurisdiction in this Court is founded on 28 U.S.C. § 1343. The only matter presently before the Court i...
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MEMORANDUM OPINION On January 23, 1978, counsel for both parties appeared in open court to present argument in connection with plaintiffs’ motion to remand and defendant’s motion to dismiss. After consideration of the oral arguments of counsel, the briefs submitted by counsel and the pleadings of the parties, the court has determined that the plaintiffs’ motion to remand should be denied,...
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DECISION AND ORDER This action is an anti-trust action for treble damages. Plaintiff Wales Home Remodeling Co., Inc. (“Wales”), a Wisconsin corporation, is engaged in the business of selling at retail and installing residential steel siding. The defendant Alside, Inc. (“Alside”), a foreign corporation, is a subsidiary of the United States Steel Company and is engaged in the business of ma...
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DECISION AND ORDER On April 8,1975, plaintiff Marta P. Dona-to instituted this action for judgment of $200,000 allegedly owing on a life insurance policy issued by defendant’s former affiliate, NN Investors Life Insurance Company, to her husband John O. Donato with Marta P. Donato as the named beneficiary, and for judgment of $250,000 as exemplary and punitive damages for defendant’s alleged willf...
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MEMORANDUM OPINION Plaintiff, Judith Katherine Exner, has moved for an award of attorney fees and litigation costs pursuant to the provisions of the Freedom of Information Act, 5 U.S.C. § 552(a)(4)(E). Plaintiffs action was brought under the Freedom of Information Act, 5 U.S.C. § 552, and the Privacy Act of 1974, 5 U.S.C. § 552a, demanding certain records pertaining to her in the possession of ...
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MEMORANDUM The parties to this lawsuit have swiftly and skillfully maneuvered the case to the point of deadlock. The impasse is traceable to the antagonistic contentions of the parties. Plaintiff adamantly urges that additional discovery is necessary to defeat defendants’ currently outstanding motion to dismiss. Defendants just as insistently maintain that the basis for dismissing the action, the...
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MEMORANDUM OPINION Plaintiff in this case alleges that she was denied employment at the United States Information Agency (USIA) on account of her sex and national origin in violation 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-16. She also alleges that she was denied employment in violation of Title...
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MEMORANDUM OF DECISION The issue in this habeas corpus action is the continued validity of the District of Connecticut rule mandating that the United States Parole Commission (the Commission) provide the due process safeguards of Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), and Gag-non v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973), in parol...
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*296 OPINION James Hetherton, a Wilmington Police Officer, was shot on April 9, 1976 while he was working at an extra job as a guard. Hetherton’s assailant, one Lloyd C. Full-man, Jr., shot Hetherton with a .22 caliber rifle. Both the rifle and ammunition were purchased by Fullman at a Sears, Roebuck & Company (“Sears”) department store in Wilmington, Delaware on February 25, 197...
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MEMORANDUM OPINION In United States ex rel. Baker v. Finkbeiner, 551 F.2d 180 (7th Cir. 1977), the Court of Appeals for the Seventh Circuit held that the failure of the state prosecutor and trial judge to advise a state criminal defendant of a mandatory parole term which automatically attached to his sentence created a constitutional defect in his guilty plea and warranted habeas relief. Seiz...
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MEMORANDUM OPINION The instant petition for a writ of habeas corpus involves an important question arising from the recent decision by the Seventh Circuit in United States ex rel. Baker v. Finkbeiner, 551 F.2d 180 (7th Cir. 1977). Respondent has moved to dismiss the petition, and for the reasons stated infra this motion is granted with leave to amend. Petitioner, Marvin Brown, was arrested on Apri...
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MEMORANDUM OPINION Before the court is defendant Thomson McKinnon Auchincloss Kohlmeyer, Inc.’s motion for summary judgment. Fed.R. Civ.P. 56. Plaintiff brings the instant action for violations of 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. § 240.10b-5 and various violations of the rules of the New York Stock Ex...
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MEMORANDUM OPINION The instant action raises common but difficult questions in patent litigation recently addressed in two Seventh Circuit opinions, Milprint v. Curwood, 562 F.2d 418 (7th Cir. 1977), and Super Products Corp. v. DP Way Corp., 546 F.2d 748 (7th Cir. 1976), concerning the availability of declaratory judgment relief pursuant to 28 U...
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ORDER Magistrate Longstaff’s Memorandum Opinion filed in the above-entitled action on December 22, 1977, is before the Court for review. The Court finds that said opinion was rendered after a full trial before the Magistrate with the consent of the parties under a stipulation executed October 18, 1977. The Court has examined said opinion for manifest error and has found none. Therefo...
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The plaintiff, Alton J. Bailey, filed this civil rights action against several stevedoring companies and two local longshoremen’s unions at the Port of Baton Rouge, Louisiana. On behalf of himself and “others similarly situated,” the plaintiff sought injunctive relief, declaratory judgment, and back pay. The plaintiff further sought to have the all black union, Local No. 1830, General Longshore W...
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This case arises under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (the Act), 42 U.S.C. § 4601 et seq. The facts are not in dispute. Plaintiff, Louisiana Department of Highways, pursuant to its power of eminent domain, acquired certain land and improvements in Caddo Parish, Louisiana, for the purpose of constructing a highway (Interstate Route 220), whic...
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OPINION AND ORDER Before JOHN MINOR WISDOM, Chairman, and EDWARD WEINFELD, EDWIN A. ROBSON, JOSEPH S. LORD, III * , STANLEY A. WEIGEL, ANDREW A. CAFFREY and ROY W. HARPER, Judges of the Panel. This litigation consists of five actions pending in four federal districts: American and Litton, which have been consolidated in the Northern District of Oklahoma, and one •action each in the Sout...
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MEMORANDUM-DECISION AND ORDER This is an action brought pursuant to 42 U.S.C. § 405(g) for review of a final decision of the Secretary of Health, Education and Welfare, 1 denying plaintiff’s applica *1364 tion for a period of disability and disability insurance benefits. 42 U.S.C. §§ 416(i), 423. Defendant moves for a judgment on the pleadings or, in the alternativ...
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*1217 OPINION Several individual female employees of General Motors Corporation (“GM”), the International Union of Electrical, Radio and Machine Workers, AFL-CIO-CLC (“IUE”) and five of IUE’s locals which represent these employees have brought this action, approved for certification as a class action with the individually named plaintiffs as class representatives, 72 F.R.D. 523 (S.D.N. Y.1976...
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*897 MEMORANDUM In this action, plaintiff, Julia Croswell, contends that four Philadelphia policemen broke into her home without proper authorization, beat her, illegally arrested her, and falsely charged her with committing criminal offenses. She sues the four policemen (two of whom are unidentified and labelled “John Doe” and “Richard Roe” in the complaint), Philadelphia Police...
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MEMORANDUM OF DECISION This is an action brought by a discharged supervisory employee against his former employer alleging he was discharged in violation of a collective bargaining agreement and an oral contract of employment. Plaintiff claims this court has jurisdiction by reason of Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (1965). 1 Defendant has mo...
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MEMORANDUM DECISION This action was brought to challenge the sufficiency of the defendant Corps of Engineers’ attempts to comply with the requirements of the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq., and the Fish and Wildlife Coordination Act of 1958,16 U.S.C. § 661 et seq., with regard to the Corps’ West Tennessee Tributaries Project. This court determined in 1972 th...
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MEMORANDUM DECISION AND ORDER This cause comes before the Court on motions for summary judgment filed by Plaintiff and Defendants, Rainbow Development, Inc., L. A. Henderson, and Lester Mathis. The issue before the Court is whether the Mechanic’s and Materialman’s Lien Affidavit filed by Plaintiff has priority over the Deed of Trust Lien foreclosed by Defendant Rainbow Development, Inc. The ess...
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MEMORANDUM OPINION AND ORDER This suit was initially commenced on August 19,1970 by the United States of America as plaintiff against the Lubbock Independent School District, its superintendent, members of its board of trustees, and others. Under mandate of the United States Court of Appeals for the Fifth Circuit the matters in controversy were scheduled for trial in August of 1970 in order tha...
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DECISION and ORDER The plaintiff has brought this action to enforce arbitration and as a complaint for breach of a collective bargaining contract. The plaintiff alleges that it and the defendant have been parties to successive collective bargaining agreements; that at various times, the plaintiff has raised issues concerning controversies between the parties as to interpretation or enforc...
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MEMORANDUM OF DECISION This action is presently before the court for a decision on the merits of the action, having been submitted for decision upon an agreed statement of facts (Docket No. 33) and upon written briefs (Docket Nos. 35, 37, 40). Plaintiffs were merchant seamen who served on vessels owned by three companies —Amercargo, Inc., Amercargo Shipping Corp., and American Leader...
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MEMORANDUM OF DECISION RE CONSENT DECREE I. Introduction The government’s complaint against National Broadcasting Company (“NBC”), *1129 alleging violations of the Sherman Act, was filed on December 10,1974. NBC answered the complaint on December 30, 1974, and the action thereafter proceeded through various stages of discovery and pretrial motions. On November 17...
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*1197 MEMORANDUM AND ORDER In this civil action plaintiff, a widely syndicated columnist, has sued for substantial damages nineteen individuals 1 identified in the recent Watergate disclosures, alleging a conspiracy to deprive him of his rights as a journalist under the First, Fourth, and Ninth Amendments to the Constitution. In the course of his pretrial deposition pl...
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OPINION This action against the United States under the Federal Tort Claims Act seeks to recover damages for personal injuries sustained by the plaintiff as a result of a fall on steps in the fountain area facing the north door of the Museum of History and Technology of the Smithsonian Institution, an entity of the United States Government. The court has jurisdiction under 28 U.S.C. § 1346(b). ...
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OPINION This case is brought under diversity-of-citizenship jurisdiction, concerning a matter in dispute valued at more than $10,000.00, pursuant to 28 U.S.C. § 1332. Plaintiff, a resident of the State of Alabama, is the daughter of the decedent in this case. Defendant, a resident of the State of Florida, was the wife of the decedent at the time of his death. The decedent died on November...
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DECISION AND ORDER This complaint alleges a class action suit for a penalty for alleged violations of the Truth in Lending Act. 15 U.S.C. § 1601, et seq. Each defendant has moved to dismiss. The dispositive issue upon this particular complaint is the question whether the cause should be certified as a class action. The basis upon which plaintiff purports to represent a class arises from the f...
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DECISION AND ORDER This complaint for damages for alleged violation of the Truth in Lending Act, 15 U.S.C. § 1601, et seq., presents only the “hidden creditor” issue. The complaint alleges that plaintiffs entered into a retail installment contract on February 22, 1977, to purchase furniture from defendant Goddards; that prior to that date plaintiffs had completed a credit application to defenda...
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DECISION AND ORDER On October 16, 1976, plaintiffs entered into a contract with defendant American Buyers Club, Inc., whereby, for a stated consideration, they became members of American, which membership entitled them to the benefits and privileges therein delineated. The total stated cost of membership was $495.50. Pursuant to that agreement, they paid a downpayment in the amount of $39.50, and ...
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MEMORANDUM AND ORDER Plaintiff, a former market representative of Rubbermaid, brought this employment discrimination suit pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq., and the Fair Labor Standards Act, 29 U.S.C. §§ 201-219.1 She claims that she, and the class she purports to represent, have been discriminated against on the basis of their sex. Pres...
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MEMORANDUM OPINION This class action against the City of Grenada, Mississippi, and its several departments, was brought to remedy employment discrimination rendered unlawful by Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq.; and under 42 U.S.C. §§ 1981-83. Having successfully represented the plaintiff class, John L. Walker, lead counsel, and Ural B. Adams, Jr., co-counsel, ...
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MEMORANDUM OPINION AND ORDER Plaintiffs, who include a federally funded anti-poverty organization and certain individual members of its legal staff, apply pursuant to 42 U.S.C. § 1988 (the Civil Rights Attorney’s Fees Award Act of 1976 [“the Act”], 90 Stat. 2641 [October 26, 1976]) for an award of counsel fees. Previously, plaintiffs had obtained from this Court a permanent injunction requiring de...
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MEMORANDUM AND ORDER This is a private antitrust action 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. By a supplemental complaint filed on May 27,1975, plaintiffs allege eight cau...
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MEMORANDUM AND ORDER This is a diversity action alleging negligence and breach of fiduciary duty on the part of Bankers Trust Company (“Bankers”) and Bradford Stock Services, Inc., operator of Bankers’ stock transfer department. Plaintiff alleges that defendants erroneously reissued his stock in a Rule 144 transaction in the street name of his broker, Weis Securities, Inc. (“Weis”). As a ...
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MEMORANDUM The Court has before it a number of motions to suppress or dismiss this indictment of stock manipulation and mail fraud. Defendants Bernard Cronin and Robert Street have moved to suppress evidence and its fruits which was seized by their brokerage firm employer. Also, they wish to have testimony given by them to the Securities and Exchange Commission suppressed or *326 ...
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MEMORANDUM OF DECISION Plaintiff Chevron Chemical Company has filed these actions against the Administrator of the Environmental Protection Agency (“the Administrator”). This Court has jurisdiction under Section 10(c) of the Federal Environmental Pesticide Control Act (“FIFRA” or “the act”) (7 U.S.C. § 136h(c)), Section 10 of the Administrative Procedure Act (5 U.S.C. § 706), and 28 U.S.C...
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OPINION The Equal Employment Opportunity Commission (“the Government”) brought this action against E. I. duPont de Nemours & Company (“DuPont”), pursuant to Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e et seq., to secure relief against allegedly discriminatory employment practices occurring at DuPont’s Chestnut Run and Christina Laboratory sites. After four and one-half years...
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ORDER This case arises out of the March 23,1974 crash of a Cessna 337 aircraft near McRae, Georgia. The crash occurred during a simulated search and rescue mission conducted by the Georgia wing of the Civil Air Patrol. The defendants are Joseph A. Estep, the pilot of the plane, and the Civil Air Patrol. The defendants have filed third-party claims against Thomas C. Greer and Jeffrey D. Meddin a...
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MEMORANDUM AND ORDER The plaintiff, Kirk Quinn, suing under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., alleges that, upon the recommendation of the two individual defendants, Robert J. Jachino and George Campbell, President and National Sales Manager, respectively, of Bow-mar Publishing Company, the defendant Bowmar Publishing Company willfully and wrongfull...
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MEMORANDUM OPINION This matter is before the Court on the motion to dismiss of defendant Dayton Sure-Grip and Shore Company, (Filing No. 5) which alleges that Dayton Sure-Grip is not subject to service of process within the District of Nebraska. The complaint in this case alleges that defendant William Falls, defendant BCS Chemicals, Inc., d/b/a Building Cleaning Systems, Inc., and the Dayton Sur...
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MEMORANDUM AND ORDER This is an action for the refund of federal income taxes in which the plaintiff has asserted alternative grounds for relief. Defendant, Internal Revenue Service (“IRS”), has moved pursuant to Rule 12 of the Federal Rules of Civil Procedure, to dismiss the above-titled action on the grounds that defendant is entitled to judgment on the pleadings with respect to Count One of th...
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MEMORANDUM DECISION This is a petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254 (1970) by Frank Micelli, an inmate at the Clinton Correctional Facility in Dannemora, New York, who is presently serving a term of imprisonment imposed following entry of a plea of guilty. Micelli raises two contentions in his petition. He argues, first, that the sentencing judge exceeded the...
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These are consolidated appeals from an opinion and order entered by the Honorable John J. Galgay, Bankruptcy Judge, on July 16, 1976 authorizing sale of the Bankrupt’s authorities to Alltrans Express — U.S.A. (“Alltrans”) and an order entered on August 19, 1976 granting the trustee’s motion to strike certain items from the record on appeal. Reaemco, Inc. (“Reaemco”), the appellant, was an unsucce...
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MEMORANDUM OF OPINION The plaintiff has brought this action under the court’s diversity jurisdiction, 28 U.S.C. § 1332 (1970), and seeks the enforcement of certain employee protection provisions of Title V of the Regional Rail Reorganization Act of 1973 (RRRA), 45 U.S.C. §§ 771-779 (Supp. V 1975). The defendant maintains that employee claims under Title V of the RRRA can only be heard by ...
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MEMORANDUM Plaintiffs, Bobby Bean and Lillian Bean, brought this action against Winding River Camp Ground, Tom Baldwin and Gloria Baldwin, seeking to recover damages for personal injuries suffered by Mr. Bean when he was thrown from a horse while vacationing in Colorado at a camp which was allegedly in the possession and control of the defendants. 1 Defendants have moved, pursu...
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MEMORANDUM This is an action to recover interest payments made unto the defendant which are alleged to have been usurious. The action is brought pursuant to sections 85 and 86 of the National Banking Act, Title 12 U.S.C. Jurisdiction of the Court is invoked under 28 U.S.C. § 1331 and is not in dispute. The case is presently before the Court upon a stipulation of facts and cross motions fo...
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ORDER The above-styled-and-numbered cause is a consolidated action under Fed.R.Civ.P. 9(h) and within the admiralty and maritime jurisdiction of the court brought by various contract and tort claimants against the defendant vessel; the vessel operator, St. Olga Maritime Company, Ltd. (St. Olga); and the operator’s insurer, The West of England Ship Owners Mutual Protection and Indemnity As...
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MEMORANDUM OPINION AND ORDER Before the Court are motions to suppress illegally seized evidence advanced by both Defendants. Cofer and Brennan are charged with conspiracy to possess marijuana with intent to distribute, 21 U.S.C. § 846, and with possession of marijuana with intent to distribute, 21 U.S.C. § 841(a)(1), Cofer as an aider and abettor on the latter charge. The Court held an evidenti...
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MEMORANDUM AND ORDER Thomas Riha has been a missing person since an abrupt departure from his Boulder, Colorado, residence and teaching position at the University of Colorado in March, 1969. None of his family, friends or colleagues has had any information from him since that time. The mysterious disappearance *773 of Professor Riha has been the subject of news media activity...
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*59 MEMORANDUM OF FINDINGS AND CONCLUSIONS On November 29, 1977, defendant was indicted by a federal grand jury which charged him with felonious violation of federal and District of Columbia narcotics laws. 1 Defendant had been arrested on September 18, 1977 by District of Columbia police. After the arresting officers stopped defendant’s automobile and began searching ...
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The fallout following the fusion of new views with the interpretation of an ancient statute generates mutations and sometimes new forms of legal right. Here we are concerned with the extent of change wrought in the Federal Conspiracy to Obstruct Justice Act 1 as a result of the reinterpretation of a related statute, commonly known as the Ku Klux Klan Act, in Griffin v. Breckenr...
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OPINION Clarence V. Johnston, a resident of Vernon Parish, Louisiana, filed this suit against defendants, Ford Motor Company, a Delaware Corporation and Auto Specialties Manufacturing Company, a Missouri Corporation with its principal place of business in St. Joseph, Michigan, for injuries he allegedly received on May 2, 1975, when a vehicle jack failed. Montgomery Ward and Company, Incorp...
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OPINION Plaintiff brings this action seeking to redress certain rights he claims were violated by defendants. Plaintiff brings this action, pursuant to 42 U.S.C.A. § 1983, to redress the deprivation, under color of state law, of rights secured by the United States Constitution. The court has jurisdiction under 28 U.S. C.A. § 1343. Plaintiff seeks declaratory relief pursuant to 28 U.S.C.A. §...
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MEMORANDUM AND ORDER Plaintiffs, Leo Sasso and Daniel Jordan, are the former sole owners of Milcom Products, Inc. (hereinafter Milcom), which was sold to Transitron Electronic Corporation (hereinafter Transitron), pursuant to an Agreement and Plan of Reorganization dated February 6, 1968. Defendant, John Koehler, is a former director of Transitron, and an attorney who represented Transitr...
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MEMORANDUM AND ORDER By the amended complaint, filed January 13, 1976, plaintiff, Robert F. Neugebauer, charges The A. S. Abell Company (hereinafter Abell), with violation of the antitrust laws. Plaintiff is an independent dealer, who, by contractual agreement with Abell, buys and delivers Sunpapers to customers within a given territory. The essence of the complaint is that defendants illegally at...
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MEMORANDUM OPINION AND ORDER This appeal is from three orders of the Bankruptcy Court involving White Birch Park, Inc., a debtor under Chapter XI of the Bankruptcy Act; Bus White and Doris Marie White, debtors under Chapter XIII of the Bankruptcy Act, and Associated Midwest, Inc., a creditor of both debtors. Associated Midwest, Inc. (hereinafter referred to as A-M) appeals the February 15...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FOR JUDGMENT On November 18, 1971, Richard Johnson was fatally injured while working on the assembly of a steel sculpture. Janet R. Johnson (Creditor), wife of the decedent, commenced a diversity action in this Court for the wrongful death of her husband and secured a judgment against Milgo Industrial, Inc. (Industrial) and Milgo Art(s) Syst...
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OPINION AND ORDER I. BACKGROUND OF THE LITIGATION On September 26,1975, a helicopter crash occurred in West Germany causing the deaths of a number of military personnel. This litigation involves actions stemming from those deaths. *448 At a hearing on February 25, 1977, the Panel considered the motion of United Technologies Corporation (United) to transfer, pursuant to ...
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MEMORANDUM The controversy here presented is a familiar and continuing problem in the New Jersey shore area. It involves the dumping of garbage and sludge by the City of New York into the Hudson River and the Atlantic Ocean. The alleged result of such acts is the sludge which has settled on the ocean floor and spread in some areas to the beaches and resulted in a massive fish-kill which h...
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OPINION On November 18, 1977, a three-judge court granted summary judgment for defendants on the Voting Rights Act claim of plaintiffs Gilberto Gerena Valentin (“Valentin”) and Felix Berrios (“Berrios”) and granted plaintiffs leave to file a second amended complaint adding a § 1983 claim and another plaintiff, Antonio Martinez (“Martinez”). Plaintiffs Valentin, Berrios and Martinez and in...
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MEMORANDUM Three motions are pending before the Court in this breach-of-contract action. Plaintiff, a New York corporation, began the suit on March 21, 1977 in Supreme Court, New York County, where it thereafter obtained an ex parte order of attachment to issue against certain New York debts owed to the defendant, a Delaware corporation with its principal office in Illinois. Plaintiff ass...
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MEMORANDUM AND ORDER In 1958, defendant Chase Manhattan Bank, through a Cuban branch, issued five certificates of deposit to plaintiff Manas y Pineiro. When plaintiff presented these certificates for payment at defendant’s headquarters in New York City in 1974 the bank refused to honor them, on the ground that plaintiff’s account at the bank’s Cuban branch had been confiscated by the revo...
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MEMORANDUM The defendants in one application move pro se for reduction of sentence pursuant to Rule 35, Federal Rules of Criminal Procedure. Tried by a jury, they were found guilty of conspiring to violate the federal narcotics laws and on three substantive counts of distributing heroin. On December 3, 1975 defendants were sentenced to terms of imprisonment of fifteen years on each count, the sent...
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ORDER Plaintiff in this action accuses defendants of certain discriminatory housing practices and seeks injunctive, declaratory, and monetary relief therefore pursuant to 42 U.S.C. §§ 1982, 3610, and 3612. Now before the Court is the joint motion of the defendants George Platt, Paragon Homes, Inc., and Steven B. Platt, to dismiss plaintiff’s claims under 42 U.S.C. §§ 3610, and 3612 (Title VIII of...
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ORDER After review of the file and record in this case, I adopt the Magistrate’s findings and recommendation. Defendant’s motion for summary judgment is granted. The Clerk will enter judgment dismissing this action. *771 FINDINGS AND RECOMMENDATION Plaintiff has brought this wrongful death action against the government pursuant to Oregon’s Wrongful Death Act, ORS 30.020. Plaintiff is th...
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OPINION This Title VII action by a federal employee is presently before me on the Government’s motion for summary judgment. For the reasons hereafter stated, I conclude that summary judgment should be entered for the Government. Paul Roth, an employee of the Naval Aviation Supply Office in Philadelphia and a Seventh Day Adventist, was passed over for a promotion in 1975 because of his stated unwi...
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MEMORANDUM This is an action under 35 U.S.C. § 102 and 28 U.S.C. § 1338(a) for alleged patent infringement. The defendant has moved to dismiss, or in the alternative to transfer, on the ground that venue does not properly lie in this Court. Briefs have been submitted on this issue and an oral argument has been heard. The parties have generally stipulated as to the relevant facts. It ...
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OPINION I. INTRODUCTION In this action plaintiffs, Virginia Chapter, Associated General Contractors of America, Inc. and Rowland Electric Company, Inc. seek a preliminary injunction pursuant to Rule 65(a) restraining defendants, federal, state and local officials from enforcing certain portions of the Public Works Employment Act of 1976, and particularly one of the 1977 amendmen...
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MEMORANDUM OPINION The parties are before the Court on cross-motions for summary judgment. Plaintiffs seek declaratory and injunctive relief under 42 U.S.C. § 1983. As there are no material facts in dispute the sole issue for determination is whether the grievance procedure established by the Arkansas State Highway Commission deprives Arkansas State Highway Employees Local 1315 of the right to pe...
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OPINION Defendants are charged in a twelve count information with misdemeanor violations of a Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. § 136 et seq., and the Migratory Bird Treaty Act (MBTA), 16 U.S.C. § 703 et seq.; the alleged violations arise from the application of a registered pesticide to an alfalfa field and the subsequent death of a number of...
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AMENDED OPINION This case is about a nine-story office building at 1900 Half Street, S. W., in an area known as Buzzard’s Point, an industrial/residential neighborhood on the Anacostia River in Southwest Washington. The case is in Court on a complaint of citizens and citizens’ organizations in Southwest against Government Services Administration (“GSA”). The building was built to GSA spec...
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MEMORANDUM OF DECISION This case presents a question of bankruptcy law to which two Bankruptcy Judges in this district have given squarely opposing answers. The question presented is whether that portion of an income tax refund attributable to the earned income credit of the bankrupt constitutes “property” within the meaning of § 70a of the Bankruptcy Act. Judge Trevethan has held that th...
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RULING ON MOTION TO DISMISS In this action pursuant to 42 U.S.C.A. § 1983, the plaintiff claims that he was denied his right to procedural due process in the termination of his employment as a technician with the Georgia Air National Guard. The case is now before the court on a motion to dismiss in which the defendant claims that under the Supreme Court case of Tennessee v. Dunlap, 426 U.S. 3...
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ORDER In May, 1977 the defendants, City of Atlanta, et al., announced that vacant posi*608tions in the Atlanta Bureau of Police Services (hereinafter referred to as ABPS) would be filled through the use of a screening process which included an examination developed internally by the ABPS (hereinafter referred to as the Spring Examination). Plaintiff-Reeves, et al. and Intervenors-Fraternal Order o...
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ORDER This is an action for damages predicated upon defendant’s alleged violation of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. Plaintiffs contend defendant violated 15 U.S.C. § 1681e(b) in failing to follow reasonable procedures so as to insure maximum possible accuracy of information about the plaintiffs. Plaintiffs contend defendant violated 15 U.S.C. § 1681i in failing to under...
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MEMORANDUM AND ORDER On the date originally scheduled for a hearing on the question of class action certification, the above-captioned case came before the Court for hearing on four recently-filed motions which it was felt should be decided prior to the motion for class designation. These are defendant’s motion to allow attorneys’ fees and costs; defendant’s motion to dismiss; the motions of Fred...
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OPINION This is an action for declaratory judgment challenging the constitutionality of an ordinance of the City of Boston which prohibits the showing of motion pictures on open air screens visible from a public or private way, an adjacent parcel of real estate, or any building or structure in the vicinity. 1 By its terms, the ordinance applies only to showings for which admission is charged....
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MEMORANDUM OPINION This is round one of a heavyweight antitrust contest between International Telephone and Telegraph Corp. (“ITT”) and American Telephone and Telegraph Company (“AT&T”), alleged to be the largest corporation in the world. Three pretrial motions are pending. First, AT&T and the other defendants move to dismiss Count II of ITT’s two-count complaint for failure to state a claim upon...
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OPINION The Issue Raised Movants, Maria Cueto and Raisa Nemikin, were cited for civil contempt under 28 U.S.C. § 1826(a) for refusing to answer certain questions before a grand jury investigating the terrorist bombing activities of an organization called Fuerzas Armadas de Liberación Nacional Puertorriqueña (“FALN”). Pursuant to their contempt adjudications, they were ordered con...
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MEMORANDUM Plaintiff Alexander S. Yessenin-Volpin, “a persistent defender of the civil and hu *851 man liberties of the Russian people,” Complaint ¶ 5, commenced this action in New York State Supreme Court seeking damages for libel against defendants TASS Agency (“TASS”), Novosti Press Agency (“Novosti”) and The Daily World, a newspaper of the Communist Party of the United St...
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MEMORANDUM AND ORDER The Plaintiff, First Victoria National Bank, Independent Executor under the Will of T. J. Babb, Deceased, has filed this suit for refund of estate taxes paid under protest to the Defendant, United States of America. Plaintiff alleges that the taxes were illegally collected because the Internal Revenue Service erroneously included in the taxable estate of T. J. Babb 11...
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OPINION AND ORDER The facts, upon which the indemnity action before this Court arises, are that a federal civil service longshoreman, William Speller, slipped on a ladder and sustained injuries while working aboard the S.S. AMERICAN CORSAIR, a vessel owned by the United States Lines and time-chartered to the United States. Speller brought an action against the United States Lines based on unseawor...
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MEMORANDUM OPINION Petitioner has filed for habeas corpus relief, alleging that he was ineffectively assisted by his counsel at trial and that his pleas of guilty to two murder indictments were not made “voluntarily” and “intelligently”. After appointing counsel to assist petitioner, this court conducted a hearing on respondent’s motion to dismiss on April 11, 1977. An evidentiary hearing was c...
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MEMORANDUM AND ORDER This civil action, filed April 1, 1977, alleged failure on the part of the Secretary of the United States Department of Housing and Urban Development (HUD) to properly perform its statutory duty and non-compliance with regulations relating to site requirements for a housing development for senior citizens known as Fort Lincoln Senior Village (Senior Village). The Complaint sou...
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MEMORANDUM AND ORDER This is an action for a declaratory judgment and damages arising out of the Northwest Airlines, Inc. Pilots’ Pension Plan, part of a collectively bargained agreement between the Air Line Pilots Association, International . (ALPA) and Northwest Airlines, Inc. (Northwest). Plaintiffs are ten (10) Northwest pilots, on behalf of all others similarly situated, and their co...
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OPINION This is a case which began on December 17, 1970, with the filing of a one-count complaint purporting to state an implied, private claim under the federal securities laws. To date, no answer has been filed on behalf of the defendants. Instead, the defendants have moved several times to dismiss the complaint, to obtain a more definite statement of the plaintiff’s allegations, or for...
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OPINION AND ORDER Judgment having been rendered against defendants on October 17,1977, plaintiff, on October 26,1977, submitted to the Court its request that $1,894.34 be taxed against defendants as plaintiff’s costs. On November 4, 1977, defendants filed their Objections to Cost Bill, with Suggestions in Support thereof. On December 14, 1977, plaintiff filed its Reply to Defendants’ Objections t...
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ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND REMANDING CAUSE TO THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE FOR THE APPLICATION OF CORRECT LEGAL STANDARDS, THE TAKING OF ADDITIONAL EVIDENCE AND THE MAKING OF ADDITIONAL FINDINGS OF FACT This is an action under § 405(g), Title 42, United States Code, for review of a decision by the defendant Secretary of Health, Education, and We...
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MEMORANDUM OPINION This matter has been submitted to the Court for determination upon a stipulation of facts and the briefs of the parties and amicus. Plaintiff’s complaint, which was originally filed in the District Court of Douglas County, Nebraska, alleges unlawful racial and sexual discrimination in the referral of qualified applicants for positions with the Omaha Police Department, in violati...
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MEMORANDUM DECISION The plaintiff, Schiavone Construction Co., challenges the award of a contract by the New York City Department of Environmental Protection to the defendant corporations, a joint venture which I shall refer to as “Grow”. Schiavone claims that it, not Grow, was the low bidder on the contract. The facts are undisputed. The contract is for the construction of an interc...
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MEMORANDUM OF OPINION I. PROCEDURAL HISTORY On July 21, 1977, this court issued an order denying the defendants’ motions to dismiss the actions filed by each of the petroleum refiner plaintiffs. That earlier decision, which is reported, contains a detailed discussion of the procedural history of each of the nine cases up to July 21, 1977. See Standard Oil Company, et a1. v...
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MEMORANDUM Defendant, Barry Simmons, was found guilty by a jury of a two count indictment, charging him in each count with obstruction of justice in violation of 18 U.S.C. § 1503. 1 Defendant has filed a motion renewing his motion for judgment of acquittal which he made at the time of trial. In the alternative he has moved for arrest of judgment 2 or for a new trial. Oral argument was had o...
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DECISION and ORDER The defendant has moved to quash the service in this case and to dismiss the action because of the want of jurisdiction over the person of the defendant. The complaint alleges a breach of contract by the defendant in connection with its having engaged the plaintiff as its sales representative. The action was started in the state court and removed to this court at the instance of...
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MEMORANDUM AND ORDER On September 23, 1977, the Court held a hearing on the merits of a motion by the defendant City of Little Rock to dismiss a pending criminal information which charged the City with knowingly making or causing to be made a false statement, representation, and certification in a monthly Discharge Monitoring Report in violation of 33 U.S.C. § 1319(c)(2). At this hearing,...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW I. Introduction Plaintiff, a white male, is a medical doctor, a board-certified psychiatrist, and a board-certified mental health administrator. In July, 1974 he was appointed Assistant Superintendent of St. Elizabeths Hospital and he is currently serving in that post. Defendant is the Secretary of the Department of Health, Education an...
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ORDER DISMISSING CASE FOR FAILURE TO STATE A CAUSE OF ACTION This cause came on for consideration upon the motion of defendant Gary L. Self to dismiss for lack of jurisdiction and/or for failure to state a cause of action. The court, having considered the record and being fully advised in the premises, finds and concludes that the motion to dismiss should be granted due to plaintiff’s fai...
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OPINION On September 7, 1977, the Honorable Harvey E. Schlesinger, United States Magistrate, in a thorough and carefully analyzed opinion, found that petitioner’s original conviction and sentence of twelve years in 1967 were lawful, and recommended that the petition for a writ of habeas corpus be denied. Six days later petitioner filed written objections to Judge Schlesinger’s findings and recomme...
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MEMORANDUM OPINION AND ORDER This is an action under 42 U.S.C. § 1983 seeking declaratory and injunctive relief pursuant to 28 U.S.C. §§ 2201 and 2202. Plaintiffs also seek class action certification pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(2). In substance plaintiffs ask this Court to declare Iowa Department of Social Services Manual Letter No. XII-1-28 pt. 2 dated Ju...
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MEMORANDA AND ORDER The plaintiff, Old Colony Regional High School District (“Old Colony”), is seeking in this action to modify, correct or vacate an arbitration award entered in favor of the defendant, New England Constructors, Inc. (“N.E.C.”). N.E.C. seeks to confirm the award. N.E.C. was the general contractor for the construction of a school building for Old Colony. On April 28, 1977, an arbi...
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*835 OPINION Plaintiffs, eight individuals acting on their own behalf, brought this action to enjoin the sale of a 20 percent ownership interest in a nuclear power plant being constructed by the Detroit Edison Company to two electrical cooperatives of which they are members. It was alleged that the sale violated various sections of the Atomic Energy Act, 42 U.S.C. §§ 2011, ...
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FINDINGS OF FACT and CONCLUSIONS OF LAW The plaintiff, Secretary of Labor, United States Department of Labor, having filed his complaint; and the defendants having appeared; and all the parties having entered into an agreement providing for the entry of these findings of fact and conclusions of law and dismissal of this action without the entry of a prospective injunction; and the court having be...
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OPINION This case is brought under the Federal Tort Claims Act, 28 U.S.C. § 1346 et seq. The action arises out of an accident which occurred on November 17,1968, when plaintiffs’ decedents died in a crash caused by their light aircraft flying into a guy-wire of a tall television broadcasting tower located near Rhinelander, Wisconsin. Plaintiffs are Gertrude Reminga, wife of Tho...
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OPINION Plaintiff alleges that defendant prison officials at Green Haven Correctional Facility did not permit plaintiff’s girlfriend and his daughter to visit him and deliver a package to him on January 24,1976. As a result, he further alleges that his girlfriend and daughter waited four hours in “sub-zero” weather for a return bus to New York City. Plaintiff claims that the acts of the defenda...
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MEMORANDUM AND ORDER Defendant World Airways, Inc. (hereinafter “World”), has moved, pursuant to 9 U.S.C. § 3, the Federal Arbitration Act, for a stay of this action pending arbitration of plaintiff’s claim. World asserts that plaintiff should be compelled to arbitrate because a contract between the parties contains an arbitration clause. Without first demanding arbitration, plaintif...
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OPINION The Government has moved to dissolve the Order entered by this Court on September 25,1975, which enjoined construction on Site 30 of the West Side Urban Renewal Area. Additionally, the Government has moved for summary judgment dismissing the complaint. Both motions are granted. Before embarking on the discussion of the issues now before the Court, a very brief recital of the history p...
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OPINION This is an action originally brought in a state court by Linda K. Bandura, widow and designated beneficiary of an insured, against defendant, Fidelity & Guaranty Life Insurance Company, to recover all of the proceeds of a policy of insurance issued by the defendant on the life of Alan J. Bandura. After the suit was filed the defendant caused it to be removed to this court under 28...
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OPINION Various members of the Holy Spirit Association for the Unification of World Christianity (hereinafter “Unification Church”) brought this action, on their own behalf and *1335 on behalf of the Church and its members, for injunctive relief against the City of McKeesport, Allegheny County, Pennsylvania, and against its Police Chief and City Clerk, from the enforcement of a licensing ordi...
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OPINION Defendant, Henry A. Molt, Jr., is charged with participating in a conspiracy to violate customs and wildlife laws in violation of 18 U.S.C. § 371. 1 He has now moved to suppress all the evidence obtained from him by United States customs agents on January 14, 1975, by a search and seizure without a warrant as well as all items seized on January 22, 1975, pursuant to a search warrant w...
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*520 ORDER DENYING PLAINTIFF’S MOTION TO REMAND, AND GRANTING FEDERAL DEFENDANTS’ MOTION TO QUASH On December 2, 1977, the United States filed a petition for removal of the present action from the District Court of Salt Lake County, Utah to this court pursuant to 28 U.S.C. §§ 1442(a)(1) and 1446. It is the position of petitioner United States that defendant IWY Coordinating Committee of Utah ...
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FINDINGS OF FACT, CONCLUSIONS OF LAW and OPINION on MOTION OF DEFENDANTS TO DISSOLVE INJUNCTION This matter again came on for hearing on November 10, 1977, 1 2 when the federal and *1322 state defendants moved to dissolve an injunction issued on October 26, 1972, see Conservation Society of Southern Vermont, Inc. v. Volpe, 343 F.Supp. 761 (D.Vt.19...
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DECISION and ORDER In case no. 73-C-269, the plaintiffs have moved for certification as a class action and for consolidation with ease no. 75-C-174. In both cases, the plaintiffs have also moved for summary judgment. I. CLASS ACTION AND CONSOLIDATION Case no. 75-C-174 was certified as a class action pursuant to Rule 23(b)(2), Federal Rules of Civil Procedure, in a decision and order dated J...
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MEMORANDUM This action involves a petition by Aluminum Company of America (Alcoa) for an order modifying a Civil Investigative Demand (CID) served on Alcoa by the Antitrust Division of the Department of Justice (Department). Alcoa seeks provisions protecting the confidentiality of its business records and data. The Department contends that such a protective order is precluded by the Hart-...
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I. INTRODUCTION On July 14, and August 9, 1977, the Secretary of Agriculture, Bob Bergland, published amendments to 7 C.F.R. §§ 1421 and 1425. 42 Fed.Reg. 36234, et seq., and 40175, *464 et seq. (1977). The basic purpose of the amendments was to add barley, corn, grain sorghum, oats, rye, and wheat to the list of commodities for which approved cooperative mar...
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MEMORANDUM OPINION This action arises from the discharge of the plaintiff by defendant Marsh Plating Corporation. The plaintiff alleges that his discharge was not for good cause and therefore in violation of the collective bargaining agreement between Marsh Plating and defendant Allied Industrial Workers of America, Local 513. In addition, the plaintiff brings an action against the union for br...
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OPINION and ORDER GRANTING MOTION TO QUASH This matter is before the court on the motions of plaintiff G. DeFrayne, the American Arbitration Association, and Arbitrator Robert W. Carr seeking a protective order and to quash defendant Miller Brewing Company’s notice of deposition of Arbitrator Carr. The Court has reviewed and considered the briefs filed in support and opposition to this mo...
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ORDER and MEMORANDUM Upon consideration of briefs submitted and oral argument in the above entitled cause regarding defendant’s motion to dismiss, *1277 IT IS ORDERED and this does order that defendant’s motion to dismiss be and the same hereby is denied. The reasons for the denial are set forth more fully in the court’s memorandum accompanying the order. IT IS FURTHER ORDERED that defend...
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ORDER TRANSFERRING VENUE On November 3, 1977, defendants Goshute Business Council, Robert Steele, Clell Pete, Jim Steele, Lee Moon and Rosa Naranjo moved to transfer this action to the District of Utah. The verified motion alleges: “The Tribal defendants are joined as a result of their actions as alleged officers of the Goshute Tribe (formally referred to as The Confederated Tribes of the Goshute...
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OPINION Plaintiff seeks review of a determination by the Secretary of Health, Education, and Welfare denying him Supplemental Security Income (“SSI”) benefits. 1 Plaintiff’s application for benefits was denied after a hearing by an Administrative Law Judge (“ALJ”) on July 8, 1976; that decision was affirmed by the Appeals Council of the Social Security Administration of the Dep...
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MEMORANDUM OF DECISION and ORDER Plaintiffs, North Carolina hospitals that have provided services to Medicare beneficiaries pursuant to agreements with the defendant Secretary of Health, Education and Welfare, seek judicial review of a refusal by the Provider Reimbursement Review Board to consider their reimbursement claims as a “group appeal” under 42 U.S.C. § 1395oo (b). The Provider Re...
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MEMORANDUM OPINION Plaintiff, Thorp Sales Corporation (Thorp Sales), a Wisconsin corporation, with its principal place of business in Wisconsin, brings this action against defendant Dolese Brothers Co. (Dolese), a general partnership composed of a Delaware corporation with its principal place of business in Oklahoma and an individual citizen of Oklahoma. The amount in controversy is in ex...
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MEMORANDUM AND ORDER INTRODUCTION Defendant Berrios was convicted by jury on December 15, 1977, of five counts of possessing and passing counterfeit curren*409cy. 18 U.S.C. § 472.1 He now moves pursuant to Fed.R.Crim.P. 29(b) and 33 for a directed acquittal or a new trial on the grounds that (1) the evidence was insufficient to establish that he knew the bills he possessed were in fact counterfeit...
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OPINION This case was tried to the court pursuant to the Civil Rights Act of 1964 as amended *33 by the Equal Employment Opportunity Act of 1972. Following trial and the submission of proposed Findings of Fact and briefs, the court makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. Plaintiff, Louise A. Batyko, is a female citizen of Pen...
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ORDER Northwestern Mutual Life Insurance Company (NML) has moved for summary judgment on the basis that, as a matter of law, there are no substantial factual issues for determination, and that the plaintiff cannot prevail after an application of the law to the admitted facts. Since NML is the movant, all reasonable inferences, ambiguities, and conclusions, will be construed against it. ...
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MEMORANDUM OPINION AND FINDINGS The plaintiff Ms. Sharon Levers, individually and on behalf of The Holy Spirit Association for the Unification of World Christianity (the Unification Church), applied to this Court, 1 without written or oral notice to them or their attorney, for an order restraining temporarily the defendants City of Tullahoma, Tennessee, its may- or Mr. George S. Vibbert, Jr.,...
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MEMORANDUM OPINION This is an action for damages for wrongful death from medical malpractice. The Court’s original jurisdiction has been invoked on the basis of the diverse citizenship of the parties and the requisite amount in controversy. 28 U.S.C. § 1332(a)(1). “Where federal jurisdiction is based on diversity of citizenship [and the requisite amount in controversy], a federal court is in ef...
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MEMORANDUM OPINION AND ORDER This is an action to quiet title pursuant to Title 28 U.S.C. § 2409a brought as a result of the alleged wrongful interference by the United States, through the Department of the Interior, with the plaintiff easement holders’ use and enjoyment of an appurtenant easement. Plaintiffs are either owners of the dominant tract or are parties interested in the rights of those...
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National Market Reports, Inc. (NMR), which publishes and distributes nationally a “Red Book” of used car values, brought this action to enjoin the operation, enforcement or execution of Section 33, Article 6, Chapter 33 of the Code of West Virginia (as amended, 1976), which provides: Value of motor vehicles involved in claim. Insurance companies doing business in this State shall us...
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DECISION and ORDER I. INTRODUCTION This is an antitrust case brought under § 1 of the Sherman Act and § 3 of the Clayton Act. After a nine-day jury trial, a general verdict was returned in favor of the plaintiffs in the amount of $185,000. Judgment was entered in the amount of $555,-000, treble the amount of the verdict, pursuant to 15 U.S.C. § 15, plus attorney’s fees and costs. ...
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MEMORANDUM OPINION These cases arise from a fire which burned the Nevada County, Arkansas Jail on January 31, 1976. Mrs. Lou Costello Hamilton, administratrix of the estate of Billy Wayne Hamilton, contends that her deceased husband who was incarcerated in the jail was killed from smoke inhalation from the fire. Ken Senter contends he was *198 injured by the fire. At the time...
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MEMORANDUM This matter comes before the court on defendants’ motion to dismiss or in the alternative for summary judgment, and on plaintiffs’ cross-motion for summary judgment. The facts in this case are not in dispute. In 1974, Congress passed the Health Care Amendments, 88 Stat. 395 (July 26, 1974), to the National Labor Relations Act, 29 U.S.C. §§ 151, et seq., which extende...
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MEMORANDUM By this civil action the Cities of Newark and Baltimore seek judicial review of a discretionary decision made by the Secretary of the Treasury affecting their respective entitlements under provisions of the State and Local Fiscal Assistance Act of 1972, 31 U.S.C. § 1221, et seq. (Supp. V 1975) [hereinafter referred to as Revenue Sharing Act], and a direction that their past and fut...
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OPINION Plaintiff, Ralph W. Lee, III, seeks a declaratory judgment that defendant, the Ohio Casualty Insurance Company (“Ohio Casualty”), is required under an insurance policy issued to Lee by Ohio Casualty to provide a defense for him in a second action pending in the Delaware Superior Court, and to pay any judgment rendered against him therein. 1 Two motions are presently pen...
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ORDER This matter came before the Court on defendants’ motion for summary judgment. The issues raised by the instant motion have been fully briefed by the parties and were argued by the parties in open court in conjunction with a hearing on plaintiffs’ motion to maintain this action as a class action held on April 5,1977. At that hearing the Court ruled that it would hold any ruling on the class a...
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MEMORANDUM AND ORDER This matter is before the Court on the application for a writ of habeas corpus submitted by Walter Smith, Jr., pursuant to 28 U.S.C. § 2254. Smith, an inmate at the Iowa State Penitentiary, attacks his March 20, 1973 conviction for first degree murder in Polk County District Court on the grounds that jury misconduct deprived him of his Sixth Amendment rights as guaran...
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OPINION Plaintiff is the Administrator of the Estate of Bill Dean Claborn and brings this action against the Veteran’s Administration under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2675, for personal injury and wrongful death. He alleges that a crutch given to his decedent by defendant broke causing his decedent injuries that eventually resulted in his death. Defendant has moved fo...
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MEMORANDUM OPINION AND JUDGMENT The plaintiffs in this action are prisoners incarcerated in the Missouri State Penitentiary, Jefferson City, Missouri, who were eligible for parole but were denied release. They filed a pro se Complaint challenging the Constitutionality of the procedures of the Missouri Board of Probation and Parole. They name the Missouri State Parole Board and its three m...
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MEMORANDUM AND ORDER This is an action to recover property damages sustained as the result of an accident on January 2, 1977 when the M/V Nordic Regent struck a pier owned by plaintiff Alcoa Steamship Company, Inc. and located at Tembladora, Trinidad, West Indies. Presently before this Court is a motion by defendant, Norcross Shipping Co., Inc., owner of the M/V Nordic Regent, to dismiss the co...
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OPINION Statement The United States of America, a third-party defendant in Federal Deposit Insurance Corporation v. National Surety Corporation, et aL, 76 C 494, and Corbin v. National Surety Corporation, et ah, 76 C 515, moves pursuant to Rule 12 of the Federal Rules of Civil Procedure (FRCP) to dismiss the third-party complaints of the National Surety Corporation, Fireman’s Fund Insurance Com...
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MEMORANDUM AND ORDER This diversity action has been brought by plaintiff, Dr. Janie C. Y. Shang, a citizen of Indonesia, to redress the alleged theft of her cosmetic bag containing jewels valued at $250,000 from the defendants’ hotel, the Waldorf Astoria. Plaintiff has served defendants with certain interrogatories, two of which are the subject of the instant motion for an order, pursuant to Rule ...
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ORDER This matter is before the Court on the motion of defendant, Greenville Hospital System (GHS), to dismiss plaintiffs’ complaint, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, upon the ground that the complaint fails to state' a claim upon which relief can be granted, because defendant GHS is immune from suit under the charitable immunity doctrine. The complaint was f...
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MEMORANDUM AND ORDER This is an action by Plaintiff for a refund of income taxes paid by him for the years *164 1969 and 1970 in the amount of $11,040.12 plus attorney’s fees and interest. Both parties have moved for summary judgment. On August 22,1968, Dr. George H. Moore obtained a divorce from Donna Pearl Moore, his wife of 12 years, in the Domestic Relations Court of Tarrant County, Tex...
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*401 MEMORANDUM ORDER Although federal courts have been vested with original jurisdiction over diversity actions since the passage of the First Judiciary Act, 1 not even the most learned commentators have been able to state with complete certainty why such jurisdiction was initially created or why it is any longer necessary. 2 Indeed, even the reason most co...
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OPINION AND ORDER Glenn Diamond, Barbara Marshall and James A. Jones have filed suit against the City of Mobile, the Commissioners of the City of Mobile, the Chief of the Mobile Police Department, and certain officers and supervisors of the Mobile Police Department, alleging violations of their civil rights stemming from alleged acts of police brutality. Specifically, the plaintiffs allege that o...
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MEMORANDUM OPINION AND ORDER GRANTING MOTIONS FOR SUMMARY JUDGMENT Plaintiff sues his former employer, RCA Global Communications, Inc. (“RCA”) and his former union representatives, American Communications Association (“ACA”) and American Communications Association Local Number 9 (“Local 9”), for their alleged breach of the collective bargaining agreement between them. Plaintiff also sues ...
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MEMORANDUM OPINION This action involves a request for information under the Freedom of Information Act (FOIA) wherein plaintiff — the Information Acquisition Corp. — seeks to obtain “all records” maintained by the Department of Justice “that in any manner whatsoever relate to the federal employment of Eugene M. Propper.” Mr. Propper is an Assistant United States Attorney employed by the Departm...
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MEMORANDUM OPINION and ORDER This matter comes before the court on defendant’s motions for change of venue to the Northern District of California and to dismiss the complaint. Kaiser Industries Corp. is a Nevada corporation that has its corporate headquarters in Oakland, California. In May of 1975 the plaintiff mailed an unsolicited resume to the defendant’s Oakland, California office see...
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MEMORANDUM ORDER Plaintiff, M, is seeking equitable relief and civil damages under 43 U.S.C. § 1983 for alleged violations of his constitutional rights in the events leading up to his expulsion from Glenwood Senior High School. M’s request for preliminary injunctive relief was denied by this Court’s Order of March 16, 1977, 429 F.Supp. 288 (1977). Among the Court’s preliminary findings in that ord...
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MEMORANDUM DECISION This is a civil rights action brought by Alsana X. Caruth, an Illinois prisoner, against Richard J. Geddes, a lawyer with the Illinois Appellate Defender. Caruth was convicted of armed robbery in the Circuit Court of Cook County, Illinois, and sentenced to a term in the Correctional Center at Pontiac, Illinois. On appeal Geddes was appointed to represent him. On March ...
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MEMORANDUM OPINION After a jury trial in the Circuit Court, Criminal Division, of Cook County, Illinois, during which they were represented by privately retained counsel, petitioners were each convicted of the crime of rape (Ill.Rev. Stat.1963, ch. 38, ¶ 11-1) and each was sentenced to a term of forty to sixty years in the state penitentiary. The Public Defender was appointed to represent them ...
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MEMORANDUM OPINION During the greater part of 1974 and continuing into mid-1975, the defendant Chrysler Corporation (Chrysler) experienced a serious economic recession caused by a drastic decline in automobile sales. To assure its economic survival, Chrysler curtailed its manufacturing and assembly operations and, for a period of time, suspended operations entirely to deplete inventories. Simul...
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ORDER In this action, plaintiff seeks relief under the Fair Labor Standards Act of 1938, as amended by, inter alia, the Equal Pay Act of 1963 (29 U.S.C. § 201 et seq.) and under the Civil Rights Act of 1964, as amended by, inter alia, the Equal Employment Opportunity Act of 1972 (42 U.S.C. § 2000e, et seq.). Plaintiff alleged in her complaint the following: I. Defendants paid plaintiff a lowe...
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This is a motion by defendant John Mullins & Sons, Inc. (“Mullins”) to dismiss plaintiff’s pendent state law claim or, in the alternative, to decertify the class action with respect thereto. Plaintiff filed this class suit on February 2, 1974, charging Mullins with violations of the Truth-in-Lending Act, 15 U.S.C. §§ 1601 et seq., and the New York Retail Installment Sales Act, N.Y.Pe...
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OPINION This is an action pursuant to Section 7422 of the Internal Revenue Code of 1954, 26 U.S.C. § 7422, and 28 U.S.C. § 1346(a)(1) for refund of income taxes paid by plaintiff for the calendar years 1953 and 1954. Over the past decade it has been before this Court on several prior occasions: Cities Service Co. v. United States, 316 F.Supp. 61 (S.D.N.Y.1970) (Mansfield, J.); 330 F.Supp. 421 (S....
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*716 MEMORANDUM Plaintiffs in this action claim that they have been victimized to their extensive financial loss by the fraudulent conduct of the defendant which allegedly resulted in the plaintiffs receiving, over the course of many years, huge amounts of grain seriously deficient in quantity and quality from that specified in supply contracts entered into by the parties. The de...
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Decision and order This action arises under the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq. Plaintiff Walter H. Jaeger alleges that his employment with defendant American Cyanamid Company was terminated because of his age. In paragraph 10 of his complaint plaintiff alleges that he has suffered personal and economic injury including but not limited to: “ * * ...
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DECISION and ORDER All defendants except James M. Chase and John Willert have moved to dismiss this action pursuant to Rule 12, Federal Rules of Civil Procedure. In resolving this motion, the court will consider only the defendants’ brief in support and the plaintiff’s brief in opposition; the defendants’ reply brief will not be considered in view of their failure to comply with the briefing sc...
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ORDER This matter is before the court on IBM’s motion to overrule objections to the admission of relevant former testimony. IBM divides the former testimony at issue into four categories: (1) trial and discovery materials developed in cases designated in Pretrial Order No. 2; (2) testimony taken in the SEC investigation of Memorex; (3) testimony from Memorex v. Century Data Systems; and (4) testi...
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MEMORANDUM Plaintiffs seek to enjoin the Department of Energy from requiring its employees to answer portions of a detailed questionnaire that plaintiffs claim intrudes unnecessarily into the rights of Energy employees to free association and privacy protected by the First Amendment of the Constitution. The Department, at the Court’s suggestion, postponed the required date for response to the ques...
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MEMORANDUM OPINION On April 1, 1976, this Court, pursuant to 42 U.S.C. § 2000e-5(k), entered an Order *791 awarding plaintiff attorneys’ fees of $8,727.50 plus expenses for counsel’s work both at the administrative level and before the Court in this Title VII ease. 411 F.Supp. 1059 (D.D.C.1976). Defendant thereafter appealed from this Court’s award of attorneys’ fees. On June...
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ORDER This cause is before the Court on the petition of Roger Lee Shingleton for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petitioner was convicted in 1967 of robbery in the Criminal Court of Record for Orange County, Florida and was sentenced to a term of six months to twenty-five years. Petitioner filed a direct appeal with the Florida Fourth District Court of Appeal which affirm...
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MEMORANDUM OPINION AND ORDER An order to compel a witness to furnish handwriting exemplars in a convoluted *55manner has been sought by the Government on behalf of the Special February 1977 Grand Jury; these exemplars are later to be compared with handwriting samples previously determined to have been disguised. Three issues have been raised. First, to what extent does the Fifth Amendment afford ...
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MEMORANDUM AND ORDER Petitioner, James O. Gray, brings this action pursuant to 28 U.S.C. § 2255 challenging the validity of his federal conviction and six-year sentence as violative of the Interstate Agreement on Detainers Act, 18 U.S.C.Appendix (1977 Supp.). Petitioner claims that Articles III and IV of the Agreement were violated by the United States. On this basis he asserts that the f...
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MEMORANDUM AND ORDER I. Defendant Schneider is the Attorney General of the State of Kansas. Shortly after taking office in January of 1975, Mr. Schneider announced that he had discovered the existence of hundreds of files kept by the Kansas Bureau of Investigation (KBI), which, in his opinion, had little or no law enforcement value. The Attorney General reportedly stated that the sub...
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*775OPINION Petitioner was convicted of bank robbery on September 26, 1975 and sentenced by this court to a ten (10) year prison term and a consecutive six (6) month term for criminal contempt. The bank robbery conviction was to run concurrently with a sentence of two to fifteen (2-15) years which petitioner was then serving under a state conviction for armed robbery. He now brings a motion under ...
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MEMORANDUM ORDER On May 17, 1976, the United States Grand Jury for the District of Minnesota returned the indictment which is the subject of the motions now before the court. Count I charges that Ernesto Tercero, Juan Antonio Tercero, William Lloyd, David Cooper, Eliseo Martinez Peraza, 1 Jerrold Van Hoeg and Robert Vincent Moore conspired *1261 with each other, 2 with James Platt, Willia...
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OPINION This negligence action under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-50 (1970 & Supp. V 1975), has been submitted to the *416 Court on a stipulation of facts. Under the stipulated facts, and on the authority of the opinion of this Court in Espinoza v. United States Lines, Inc., 444 F.Supp. 405 (S.D. N.Y. 1978), the Court di...
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OPINION The pro se petitioner in this case pleaded guilty in state court to a charge of attempted robbery and was sentenced on that charge to a term of 5 to 10 years. His co-defendant, who unlike petitioner had agreed to plead guilty at the outset of plea negotiations, was sentenced to a term of 4 to 8 years for the same offense. Contending that the sentence imposed upon him violates the Equal Pro...
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*387 MEMORANDUM AND ORDER A dispute has arisen between plaintiff Marc Rich & Co. (“Rich”) and defendant Transmarine Seaways Corp. (“Transmarine”), which is arbitrable pursuant to a contract which provides that arbitration shall proceed before a panel consisting of “one arbitrator to be appointed by the Owner, one by the Charterer, and one by the two so chosen.” Pursuant to that p...
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OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW Katie King, a black female who has been in the employ of the United States Postal Service since November 1959, brings this action against the Postmaster General and other defendants,1 charging discriminatory conduct against her based on her race and sex.2 Essentially, she alleges two sepa*1095rate acts of discrimination: (1) the reversion or elimina...
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Murray Seiden sues derivatively on behalf of the Chase Manhattan Corporation and the Chase Manhattan Bank against present and former directors of the Corporation and the Bank for allegedly violating the 1934 Securities Exchange Act, the National Bank Act, and various New York state and common law obligations. The defendants move to dismiss the amended and supplemental complaint for failure to sta...
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OPINION AND ORDER On October 10,1977, we denied defendant John W. Griffin’s motion to vacate sentence, which was filed on March 29, 1977, pursuant to 28 U.S.C. § 2255. Thereafter, Griffin filed a notice of appeal to the Third Circuit Court of Appeals on December 21, 1977. We set forth in this opinion our reasons in support of our denial. Griffin is currently serving a term of incarceration, which...
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MEMORANDUM AND ORDER On September 8, 1977, a default was entered against defendant Drake Motor Lines as it failed to answer or otherwise respond to the complaint filed by the plaintiffs on May 27, 1977. The defendant moved on October 5, 1977, to set aside the default under Rule 60(b)(1) of the Federal Rules of Civil Procedure. As this case has been recently assigned to this Court, the motion is be...
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MEMORANDUM Plaintiffs, applicants for Supplemental Security Income (S.S.I) Benefits, challenge the failure of the Secretary of Health, Education and Welfare (Secretary) to provide Spanish notices and appeal forms to applicants for Social Security (S.S.A.) and S.S.I. benefits. Plaintiffs contend that defendant’s use of English-only notices violates the Constitution, Title VI of the Civil Rights Act...
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MEMORANDUM OPINION On January 19,1976, in the United States District Court for the Southern District of New York, plaintiff, Richard Morales, a holder of common stock of Mylan Laboratories, Inc. (“Mylan”), brought suit against Mylan and George W. Wyckoff, Jr. (now deceased), who was one of Mylan’s directors, to recover for the benefit of Mylan short-swing profits allegedly realized by Mr....
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MEMORANDUM OPINION The above case was heard before the court without a jury and after hearing and *145 considering the evidence, pleadings, and the argument and briefs of counsel the court files this memorandum opinion which shall constitute the court’s findings of fact and conclusions of law. The court finds that there is complete diversity of the parties and the amount...
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DECISION and ORDER This is an action under the Age Discrimination in Employment Act, as amended, 29 U.S.C. §§ 621 et seq. Jurisdiction is based on 29 U.S.C. § 622(b) and 28 U.S.C. § 1331. The plaintiff claims to have been dis *709 charged from his employment with the defendant because of his age; the defendant claims that age was not a factor in the plaintiff’s discharge, con...
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*453 MEMORANDUM Presently before the Court is plaintiff’s motion for preliminary injunction restraining the performance of a contract awarded by the Department of Agriculture for the procurement of near-infrared reflectance (“NIR”) instruments. Plaintiff requests the injunction until GAO rules on its protest regarding the Invitation for Bids (“IFB”) underlying the contract and until the Court...
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MEMORANDUM-ORDER Plaintiff herein seeks access to certain Internal Revenue Service (IRS) documents pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552 (1976). On September 8,1976, plaintiff requested from the IRS (1) all statements of policy, final decisions and instructions to staff relating to the Ontario Mining Tax (“OMT”) imposed by the Province of Ontario, Canada, ...
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MEMORANDUM OF DECISION In this application for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, petitioner Anthony Thergood contends his state court conviction was constitutionally tainted by the trial judge’s rulings which restricted the cross-examination of an admitted accomplice and the prosecution’s principal witness, Robert Shipman. 1 *341 I The record reveals that on D...
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MEMORANDUM OF DECISION Petitioner, an inmate at Federal Correctional Institution, Danbury, brings this action to secure credits against his federal sentence. The facts are somewhat complex. Petitioner was arrested by Colorado authorities on April 12, 1973, on check fraud charges. Unable to post bond he remained in state custody until transferred to Syracuse, New York, where he was sentenced in ...
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This lawsuit involves H-House, a large disciplinary cell block wing of the Georgia Diagnostic and Classification Center at Jackson, Georgia, which is, in effect, a prison within a prison. Problem prisoners and incorrigibles from Georgia's entire prison system are placed there under extreme restrictions and severe deprivations. The plaintiffs, past and present members of H-House, assert that the...
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MEMORANDUM OPINION After a hearing on this case, the Court makes the following findings of facts and conclusions of law upon the various motions made by the parties. FINDINGS OF FACTS Plaintiffs are Kentucky farmers who desire to market their burley tobacco in “looseleaf” form at auction through tobacco warehouses. However, the defendant, Secretary of Agriculture (hereinafter “Secretary”), pursuan...
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OPINION This is a civil action in the nature of interpleader brought by United Benefit Life Insurance Company, a corporation organized under the laws of Nebraska, against Janet Brady, the principal beneficiary, and Eloise Espinosa, the contingent beneficiary, under the provisions of a policy of life insurance issued by plaintiff on the life of one Angel Santos Davila. Plaintiff has paid the $10,00...
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OPINION These combined actions have been brought to determine if Lester Taubman and Murtón Schlesinger, former president and vice-president respectively of the now-bankrupt corporation, Prebuilt Homes, Inc., can be held personally liable under § 6672 of the Internal Revenue Code for the failure of Prebuilt Homes to pay over to the government income and social security taxes withheld from ...
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MEMORANDUM OPINION AND ORDER This is an action brought under Section 404 of the Postal Reorganization Act of 1970, as amended, 39 U.S.C. § 404, to enjoin the United States Postal Service from transferring certain major substantial bulk and other sorting operations presently performed in Dearborn, Warren, Rochester, Taylor, and Livonia to other postal facilities until such time as the procedural re...
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*766 MEMORANDUM OPINION This diversity action by Francis Everett Brander, a citizen and subject of Great Britain (hereinafter Lloyd’s), 1 against Thomas Jackson Nabors, a Mississippi citizen, seeks a declaratory judgment of non-coverage under Lloyd’s Policy No. 24563. The parties agreeing that no issues of material fact are raised at this juncture of the case, have fil...
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OPINION Plaintiff sued all the named defendants in the Supreme Court of the State of New York, Dutchess County, alleging fraud in the sale to her of 1,500 shares of common stock issued by defendant Allegheny Beverage Corporation (“ABC”). In each of four causes of action she demanded judgment against the defendants in the amount of $19,800, the purchase price of the shares she purportedly ...
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OPINION Plaintiff has moved the court for an order (1) requiring defendant to submit a final list of trial witnesses in the order in which the witnesses will appear; (2) prohibiting defendant from adding witnesses to that list except upon motion for good cause shown made no less than 90 days prior to the witness’ scheduled appearance; (3) prohibiting defendant from dropping any witness or from cha...
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In both of these cases, the plaintiffs seek refunds of alleged overpayments of federal income taxes. The cases were consolidated for trial without a jury. The parties have filed stipulations of fact and numerous exhibits. At trial, only one witness was called to testify. The facts in these cases are not in dispute. On March 1, 1967, a Plan of Merger and Liquidation was filed in accordance with the...
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MEMORANDUM incorporating FINDINGS of FACT and ORDER for JUDGMENT Plaintiffs, owners of a summer property on the oceanfront at Robins Rest, Fire Island, Town of Islip, sued the defendants under a flood insurance policy issued pursuant to the National Food Insurance Act of 1968 for the direct loss by “flood,” as defined in the policy, sustained by their property. See 42 U.S.C. §§ 4001, et seq. ...
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ORDER This is a proceeding for writ of habeas corpus by a State prisoner incarcerated at the Oklahoma State Penitentiary at McAlester, Oklahoma, by virtue of the judgment and sentence of the District Court of Oklahoma County, in case No. CRF-72-620. Therein, after a- trial by jury the petitioner was found guilty of robbery with firearms after former conviction of a felony and was sentenced on J...
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OPINION On February 22, 1977 Petitioner, The Washington Hospital (the “Hospital”), filed *94a Motion to Vacate the December 2, 1976 arbitration award of Arbitrator James C. Duff in which he granted the grievance of Respondent, National Union of Hospital and Health Care Employees (the “Union”). Oral arguments were heard, and we took the matter under advisement. The legal question presented here is...
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OPINION AND ORDER These suits are the consequence of the Medusa-like dealings of diverse lenders, borrowers, brokers, partners and stockholders, several of which wore different hats at the same time. The subject matter of these manipulations concerns the financing by C.N.A. Mortgage Investors, Ltd.1 (hereinafter referred to as “CNA”) of a condominium complex in Luquillo, Puerto Rico on land owned...
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ORDER This habeas corpus petitioner seeks relief from confinement on the grounds that his state court conviction was obtained in violation of his rights under the Fifth and Sixth Amendments. He has moved for summary judgment under Fed.R.Civ.P. 56. The trial transcript reveals that petitioner visited an automobile dealership in Marion, South Carolina, and inquired about purchasing a 1970 Pontiac. H...
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MEMORANDUM OPINION The files in these cases reflect that on June 23, 1977, Acting Assistant United States Attorney General Myron C. Baum, upon request by the United States Attorney for South Dakota, had specifically authorized said United States Attorney to apply for an order compelling testimony and the production of information from Myron E. Teegardin and Robert J. Tope before a grand jury. A...
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ORDER Plaintiff has moved to dismiss this case voluntarily and without prejudice. Defendants do not oppose the motion for dismissal, but contend that the dismissal should be with prejudice. Alternatively, defendants argue that the granting of a dismissal without prejudice be conditioned upon plaintiff’s payment of all of defendants’ costs of litigation, including attorneys’ fees, or upon plaintiff...
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OPINION This is an action for declaratory and injunctive relief in connection with plaintiffs’ termination from the Small Business Administration’s (SBA) Section 8(a) Program. The action is presently before the Court on plaintiff’s motion for a temporary restraining order or, in the alternative, for a preliminary injunction. The Court has had an opportunity to consider briefs from both si...
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MEMORANDUM-ORDER Plaintiff, Township of River Vale, is a New Jersey municipal corporation. It has brought this action for a declaratory judgment and mandamus to compel defendants to administer the Grants for Basic Water and Sewer Facilities Program which was authorized by Congress under section 702 of the Housing and Urban Development Act of 1965. Presently before the Court are defendants...
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MEMORANDUM DECISION* ON RANDOLPH CROSSLEY’S MOTION TO VACATE ORDER REQUIRING EXAMINATION This is a motion to vacate this court’s Order of November 18,1977, requiring Randolph Crossley, the movant-witness herein and now a resident of California, to submit to examination in Hawaii. The motion is denied for the reasons set forth in this decision. The relevant procedural history of this case is as fol...
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MEMORANDUM DECISION ON THC FINANCIAL CORPORATION’S APPLICATION TO DESIGNATE A FORMER OFFICER TO PERFORM DUTIES OF BANKRUPT THC Financial Corporation (THCF) is in Chapter X bankruptcy. Its Trustee, J. Carl Osborne, is conducting an investigation into the affairs of, THCF pursuant to Chapter X Rule 10-208(a)(4). As part of this investigation an order has been served on James Peveler, a former office...
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*690 MEMORANDUM AND ORDER The above-captioned case came before the Court August 12,1977, for hearing on plaintiff’s motion to amend and defendants’ motion to dismiss for failure to state a cause of action, lack of personal jurisdiction, and forum non conveniens. At that hearing both motions were ruled upon with the exception of that facet of defendants’ motion to dismi...
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FINAL JUDGMENT AND PERMANENT INJUNCTION This action came on for trial before the Court, Honorable James Harvey, United States District Judge, presiding, and the issues having been duly tried and a decision having been duly rendered; IT IS HEREBY ORDERED AND ADJUDGED as follows: 1. That the plaintiffs are the above named individuals and all persons who have been, are, or will be confined in ...
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MEMORANDUM These eleven cases were consolidated at the request of petitioners. During the spring and summer of 1976, a labor dispute arose between the brewery drivers and helpers of St. Louis, Missouri, Local No. 133, affiliated with the International Brotherhood of Teamsters, Chauffeurs and Warehousemen of America, and the beer delivery industry. The Circuit Court of the City of St. Louis, Misso...
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MEMORANDUM Pursuant to the practice in this District, leave was granted to file this pro se petition for a writ of habeas corpus in forma pauperis. We now examine this petition to determine whether under the facts alleged petitioner should be permitted to further prosecute the action in forma pauperis. It appears from the petition that on June 1,1977, petitioner was tried in Boone County, Missouri...
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MEMORANDUM OPINION This litigation results from a major fire which destroyed substantial stock and also damaged equipment and buildings of plaintiff, Omaha Paper Stock at 1401 Laird Street, Omaha, Nebraska. The different categories of types of damage were separately insured under different policies by different insurers. The insurance policy involved here was written by Harbor Insurance C...
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ORDER This is an action wherein Plaintiff seeks to recover damages allegedly incurred as a result of the death of Plaintiff’s husband which occurred when his car and one of Defendant’s trains collided at a railroad crossing located near Neodesha, Kansas. It is asserted that the Court has subject matter jurisdiction of this action by reason of diversity of citizenship and amount in controv...
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OPINION The issue in this usury case is whether or not a bank can aggregate outstanding loans in amounts less than $50,000 advanced to a corporation pursuant to a line of credit, so that the aggregate debt can constitute “a loan or use of money involving a principal amount over $50,000” on which the bank can charge any interest. *371Plaintiff Mohr, Inc. (Company)1 commenced this action pursuant t...
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MEMORANDUM OF DECISION The plaintiff in this case, Miller & Son Paving, Inc. (Miller), is engaged in the business of stone quarrying in Wrightstown Township, Pennsylvania. Miller brought this suit against Wrightstown Township Civic Association and certain individual residents of the Township. Miller charges that all defendants engaged in a concerted effort to terminate the operation of Mi...
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OPINION and ORDER Plaintiff, Frank E. Justus, has petitioned this Court to review the final decision of the Secretary of Health, Education *98and Welfare denying his entitlement to social security disability benefits. Jurisdiction of this Court is pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g). That section provides in part that the “findings of the Secretary as to any fact, ...
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MEMORANDUM BACKGROUND On February 14, 1977, this Court granted plaintiffs’ motion for a preliminary injunction. Defendants were thus “enjoined from permitting the aerial killing of wolves by persons acting as agents or permittees of the State of Alaska on lands in Alaska Game Management Units 23, 24, and 26 which are under the jurisdiction of the Bureau of Land Management of the Department of the...
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MEMORANDUM OPINION This action arose from the denied boarding of the plaintiff Ralph Nader from Allegheny Airlines Flight 864 on April 28,1972. A trial was held before the Court, sitting without a jury, on September 4 and 10, 1973, and a decision awarding nominal and punitive damages to plaintiff Connecticut Citizens Action Group (CCAG) and compensatory and punitive damages to plaintiff N...
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MEMORANDUM OF DECISION In this action, tried to the court on October 27,1977, two credit card holders seek to recover statutory damages from the issuer of their credit cards, Atlantic Richfield Company (Atlantic Richfield or the Company), for alleged violations of the Federal Consumer Credit Protection Act (FCCPA), 15 U.S.C. § 1601 to § 1681t (1970), and various Connecticut consumer credi...
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OPINION In this admiralty case, an ocean carrier sues to recover freight for the trans-Atlantic carriage of certain cement mixer trucks. Defendant Jerry Jones Mack, Inc. (“Mack”), a New Jersey corporation, was the shipper. Defendant Bagher Navid (Navid Brothers Trading Firm) (“Navid"), an Iranian corporation, was the consignee. Mack moves to dismiss the complaint for lack of jurisdic...
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OPINION The Proceedings and Parties’ Contentions These proceedings for forfeiture were instituted on June 1, 1976, pursuant to the provisions of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq:, with the filing of a complaint for the destruction and condemnation of certain specified lots of a drug named colchicine, and various .lots of a drug called dih...
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MEMORANDUM AND ORDER Defendant has moved to suppress seventy-two cases of Dewars Scotch whiskey which were found by a Federal Bureau of Investigation (“FBI”) agent in a blue Chevrolet step van owned by defendant and parked on the street in front of his residence. The sole question is whether defendant gave a valid “consent” to the FBI search of the step van. A hearing was held, and three FBI ...
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MEMORANDUM and ORDER On December 22, 1977, this court issued an order granting plaintiff’s motion to file a notice of claim against the City of New York (City) nunc pro tunc. This memorandum sets forth the reasons in support of that order. The court’s jurisdiction is based on 28 U.S.C. § 1332. 1 On October 20, 1976, plaintiff was involved in an automobile accident on the Whitestone Parkway ...
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Memorandum of Decision Puerto Rican and other Hispanic children who have deficiencies in the English lan *59 guage bring this class action 1 for injunctive and declaratory relief claiming violations of Title VI of the Civil Rights Act of 1964, 42 U. S.C. § 2000d et seq.; § 204(f) of the Equal Educational Opportunity Act of 1974, 20 U.S.C. § 1703(f); and ...
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MEMORANDUM The six named Defendants were charged in the first count of a six-count indictment with conspiracy to extort in violation of the Hobbs Act, 18 U.S.C. § 1951. Defendant Moore was charged, in Counts II and III, and Defendant Barna was charged, in Counts IV, V and VI, with substantive violations of the Hobbs Act. Counts II, III and VI were dismissed by the Court. At trial the jury...
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OPINION This anti-trust action for treble damages alleges that the owners of nursing home facilities have conspired to fix prices charged for the care of indigents. 1 Presently before the court are the defendants’ motions to dismiss for lack of subject matter jurisdiction and failure to state a claim under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). 2 For...
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MEMORANDUM AND ORDER Plaintiff in this action seeks to appeal from a final decision of the Secretary of Health, Education and Welfare with the costs of the action advanced by the United States. See 28 U.S.C. § 1915; United States v. Sacco, 430 F.2d 1304 (2d Cir. 1970). In her affidavit plaintiff lists assets primarily consisting of $20,000 home, and income of $409 per month. With regard to the hom...
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MEMORANDUM OPINION This case involves questions of interpretation of the Truth-In-Lending Act (“Act”), 15 U.S.C. § 1601 et seq. and Regulation Z, 12 C.F.R. § 226.1 et seq. 1 The plaintiff in a “credit sale” transaction within the meaning of the Act, received from the defendant bank a copy of the note he executed together with a disclosure statement listi...
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MEMORANDUM OPINION AND ORDER This is a civil action for compensatory and punitive damages in redress of the plaintiff’s federally-protected civil rights under the provisions of 42 U.S.C. § 1983. 28 U.S.C. § 1343(3). The complaint, which was filed on February 25, 1977 alleges that the plaintiff is “ * * * a representative of a class composed of males who, while juveniles and under custody and cont...
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OPINION The facts are essentially undisputed. Plaintiff Richard Aubertin is an enrolled member of the defendant Colville Confederated Tribes. Aubertin borrowed $10,034.14 from the Tribes on June 3, 1963 and later obtained additional loans increasing the principal amount by $8,127.12. The Tribes’ Credit Committee declared him in default on June 6, 1968 with a balance then owing of $9,487.2...
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*159 MEMORANDUM OPINION The National Student Marketing Corporation (Student Marketing or NSMC) stock fraud scheme has spawned extensive litigation. In addition to the Securities and Exchange Commission suit seeking injunctive relief against certain corporate officials, accountants and attorneys, several private proceedings were filed seeking money damages and other relief. Among ...
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MEMORANDUM OPINION This is an action by a former officer of the Virginia National Guard against the United States and five named individuals,1 all Army medical doctors or personnel, for injuries allegedly sustained while plaintiff was on active duty with the national guard. The case is presently before the Court on defendants’ motions to dismiss. The United States has moved to dismiss on a claim ...
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OPINION This opinion treats the few and relatively narrow remedial issues that remain for decision in this twenty year litigation, the more recent phase of which was initiated in 1971. 1 Those issues are: (1) What inter-district pupil assignment concept should be employed to extirpate the de jure segregation and dual school system in Northern New Castle County, the c...
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MEMORANDUM ORDER Plaintiff Olin Corporation filed this action in two counts on December 28, 1977, seeking to restrain the payment of unemployment compensation benefits which the defendant State of Illinois proposed to pay to those honoring the picket lines of striking unions at Olin’s East Alton, Illinois, plant. After numerous hearings and the submission of briefs by all parties, including the i...
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MEMORANDUM AND ORDER The National Collegiate Athletic Association, a voluntary unincorporated association of some 707 four-year colleges and universities, has instituted the above-cited action for declaratory and injunctive relief seeking to invalidate regulations promulgated by the Department of Health, Education, and Welfare under the aegis of Title IX of the Education Amendments of 197...
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OPINION This matter came before the Court on defendants’ motion to dismiss plaintiff’s two-count complaint. Plaintiff Morris Lefkowitz is a self-styled businessman, inventor, and investor. For the last thirty years, plaintiff says he has been engaged in the textile, furniture, and carpet businesses as a domiciliary and resident of either New Bedford, or North Dartmouth, Massachusetts...
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MEMORANDUM OF DECISION This action was submitted to the court for decision on the merits at a hearing held in the United States Courthouse in Oxford, Mississippi, on December 7, 1977. There was no live testimony presented at the time. The case was submitted on the record including exhibits in the file and transcript of the testimony introducted by the parties at the hearing for a preliminary in...
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OPINION This litigation arises out of a “repurchase agreement” entered into by Sun National Bank of Orlando (“Sun”) and Financial Corporation (“Financial”) on July 7, 1975, for which Shorterm International, Inc. (“STI”) acted as the broker1 for both Sun and Financial. The terms of the transaction obligated Financial to repurchase from Sun Bank on July 8, 1975, Treasury bills which had served as t...
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This case was brought under the Federal Tort Claims Act to recover damages arising out of a two-car collision in Hamburg, New York, between the plaintiff and defendant Eugene Flynn, a serviceman. The defendant United States moved for summary judgment on the issue of its liability, claiming that Flynn was not acting within the scope of his employment at the time of the accident. The parties agre...
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FINDINGS OF FACT and CONCLUSIONS OF LAW This is an action for infringement of copyrights on five stuffed toy animals. Trial was before the court without a jury. The court has jurisdiction of the parties and the subject matter under the Copyright Law, Title 17 U.S.C. and 28 U.S.C. § 1338. Findings of Fact Plaintiff, R. Dakin & Company, is a California corporation with its pri...
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OPINION AND ORDER When it made appropriations for the Department of Health, Education and Welfare for the fiscal year ending September 30, 1977, including appropriations to cover federal Medicaid reimbursements to the states, Congress added the “Hyde Amendment” as § 209 of the Appropriations Act, Pub.L. 94-439. The Hyde Amendment provides, None of the funds contained in this Act shall be used...
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ORDER This matter is before the Court on cross motions for summary judgment. By agreement counsel have submitted legal memoranda and stipulations in lieu of evidence and testimony. 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 FACTS 1. Three groups of litigants are involved in this action: The Ohio...
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OPINION These three antitrust actions, which are consolidated for all purposes by the accompanying order, are before me on the plaintiffs’ motion for class action certification. Fed.R.Civ.P. 23. The defendants vigorously oppose certification on a variety of grounds. For the reasons set out in this opinion, I conclude that certification under Rule 23(b)(3) is proper. The Axelrod complaint, filed o...
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OPINION Orange Rice Milling Company (hereinafter referred to as “Orange”), alleging ownership of a warehouse in Vinton, Louisiana, brings this action to recover damages to that structure caused by the derailment of a train owned and operated by Southern Pacific Transportation Company (hereinafter referred to as “Southern Pacific”) on May 14, 1975. In conjunction with its answer to Orange’s complai...
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OPINION The trial of this Truth in Lending case was held on September 23, 1977. After hearing all of the evidence as well as arguments of counsel the matter was taken under submission. I. FACTS. On January 26, 1976 plaintiff Foster F. Desselles, Jr. went to defendant Mossy Motors, Inc.’s (Mossy) showroom for the purpose of purchasing a new automobile. A Mossy salesman took Desse...
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442 F.Supp. 894 (1978) Patric P. POIRRIER and Linda Poirrier, Plaintiffs, v. CHARLIE'S CHEVROLET, INC., Defendant. No. 77-637C(3). United States District Court, E. D. Missouri, E. D. January 6, 1978. *895 Kenneth M. Chackes, Chackes & Hoare, St. Louis, Mo., for plaintiffs. C. William Portell, Jr., Kappel, Neill & Staed, St. Louis, Mo., James E. Hawk, Jr., Clayton, Mo. (co-counsel), for de...
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MEMORANDUM AND ORDER This is an action filed under the provisions of the interpleader act, 28 U.S.C. § 1335, § 1397 and § 2361 to determine who is entitled to receive the proceeds of a certificate of life insurance issued by plaintiff, Connecticut General Life Insurance Company to Wilbur Payne Peterson. The certificate was issued pursuant to a policy of group life insurance issued to the Gulf O...
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OPINION This is a negligence action under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-50 (1970 & Supp. V 1975), for injuries sustained by the plaintiff while he was working aboard the defendant’s vessel, the American Accord. After the trial, the jury returned a verdict for plaintiff of $90,000. The defendant timely moved for a directed verdict and judgment no...
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MEMORANDUM DECISION AND ORDER This action is before the Court on the motion of plaintiffs, Kane Associates, John F. Magda, and Stanley Ferber, trustee for the benefit of Leslie Karen Deutsch and Michael Deutsch, to determine that this proceeding may be maintained as a class action against all of the named defendants, except Chemical Bank, under the provisions of Fed.R.Civ.P. 23. The complaint all...
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*419 MEMORANDUM OF DECISION This is an action by a purchaser of stock in Equity Funding Corporation of America (“Equity Funding”) against his brokerage firm, Merrill Lynch, Pierce, Fenner & Smith, Inc. (“Merrill Lynch”), and Thomas Tatigikis, the account executive assigned to service his account. Plaintiff seeks to rescind the agency contract under which Merrill Lynch was to purc...
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MEMORANDUM OPINION This employment discrimination action was filed in 1972 by the EEOC pursuant to 42 U.S.C. § 2000e, et seq. On January 8,1976, after substantial proceedings, the parties, by consent degree, agreed to certain formulae for use in determining the rightful seniority benefits of those beneficiaries who were agreed to be *373entitled to relief. Because the parties were unable to agree...
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MEMORANDUM On December 3, 1976, plaintiff filed suit in the Chancery Court for Davidson County, Tennessee, to quiet title to certain real estate redeemed by defendant. Jurisdiction for the state court action was asserted pursuant to 28 U.S.C. § 2410. On January 5, 1977, defendant removed the state court action to this court pursuant to 28 U.S.C. § 1444. The case was submitted to the court...
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MEMORANDUM This action was removed to this Court from the Knox County Chancery Court by petition of both defendants on October 24, 1977. Defendants assert federal question jurisdiction in that this suit is an action to enforce a collective bargaining agreement under 29 U.S.C. § 185. The plaintiffs claim that the defendant, Palm Beach Company (the Company), has violated a collective bargaining a...
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ORDER GRANTING PRELIMINARY INJUNCTION On September 20 and November 9, 1977, plaintiffs filed motions for preliminary injunctive relief. The relief requested is the enjoining of defendants from enforcing against plaintiffs the terms of Ogden City Ordinance No. 7-77, which provides for the revocation of the license of a business upon the conviction of that business, or any offi *74 cer, employe...
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ORDER This is an action brought under the diversity jurisdiction of this Court, 28 U.S.C. § 1332, for the recovery of monetary damages for injuries sustained as a result of the alleged negligence on the part of the Defendants. The Plaintiff, Hector Santiago, is a jockey, who on November 24,1973, was participating in a horse race at the Shenandoah Downs Race Track in Charles Town, West Virginia....
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MEMORANDUM OPINION This is a 42 U.S.C. § 1983 action now before the Court on defendants’ motions to dismiss. The plaintiffs are adults who live in Alma, Arkansas and are associated with the Alamo Christian Foundation. The Defendants Wizel, Bennetti, Orlando and Cuneen are the parents of the four Plaintiffs. Rick Jackson is a professional “de-programmer,” Hon. Van Taylor is the Chancery and Prob...
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MEMORANDUM ORDER This action is before the Court upoij plaintiffs’ motion to reconsider our order of November 28, 1977 granting defendant’s unopposed motion for substitution as defendant for previous defendant Edward M. Koch. As a consequence of that order, the motion of defendant to dismiss the action for lack of subject matter jurisdiction attracted the attention of this Court: plaintif...
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*1247 OPINION The defendants, Andrew K. Mearns, III, Peter John Thomas and John William Hedley, were indicted on two counts of distributing cocaine and one count of possession of cocaine with intent to distribute, under 21 U.S.C. § 841(a)(1), and one count of conspiracy to violate Section 841(a)(1), under 21 U.S.C. § 846. All three defendants plead not guilty to all counts on Oct...
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MEMORANDUM OF DECISION ' Defendant Stepanian’s Motion to Dismiss or in the Alternative for Discovery of Matters Pertaining to the Grand Jury filed 9 November 1977 alleged as a ground for the dismissal of the indictment: (1) that the indicting grand jury was given “summarized testimony presented to the first grand jury”, and (2) that an unauthorized person, to-wit, Robert C. Weaver, appeared bef...
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This Truth-in-Lending suit presents, inter alia, the novel question of whether the rescission remedy under 15 U.S.C. § 1635 may be pursued via a class action brought on behalf of all borrowers from a given lender *56who received the same disclosure statement from that lender. History of This Case This suit was brought on December 1, 1975, by named plaintiffs, Philicie Noel Nelson and Edwina Butl...
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Plaintiffs are two commercial fishermen in Louisiana who have brought this action both individually and on behalf of the class of commercial fishermen for damages as well as declaratory and injunctive relief against the enforcement of LSA-R.S. 56:314, 409 and 495. 1 More particularly, *1375 plaintiffs contend (1) that the penalties set forth under sections 314 and 409 co...
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This controversy involves the propriety and legality of the action of the First National Bank in applying certain fund as a set off against a secured debt of the bankrupts to the bank. Charles E. Duran was the owner of several different corporations, including Char-Mac Enterprises, Inc., and was engaged in a practice of kiting checks between Citizens National Bank (CNB) and *170First National Bank...
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ORDER OF DISMISSAL WITHOUT PREJUDICE Plaintiffs Greenblatt filed their Complaint with this Court on December 29, 1976, alleging as their jurisdictional basis diversity of citizenship. 28 U.S.C. § 1332. Plaintiffs are citizens of Massachusetts; defendant Skorga is a Tennessee citizen; defendants Boone County National Bank, O’Gara, McKinney, Amerasil, Incorporated, and MLC, Inc. are Missouri citizen...
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MEMORANDUM OPINION THIS MATTER having come on for consideration upon the stipulation of facts submitted by the parties. The Court has considered the stipulation of facts filed by the parties, the briefs, together with the exhibits and the entire file in this cause and concludes that the defendant should prevail and judgment entered in its favor. The matter in controversy involves an ...
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*1203 OPINION This action, involving claimed violation's of §§ 1 and 2 of the Sherman Act (15 U.S.C. §§ 1, 2) as well as two common law claims for relief, grows out of the termination.by defendant Puerto Rico Maritime Shipping Authority (“PRMSA”) of an agency agreement between it and plaintiff. Defendant PRMSA has moved for transfer to the District of Puerto Rico on the grounds t...
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*423OPINION Defendants move to be relieved from a stipulation of settlement executed by counsel in this class action. Plaintiffs cross-move for approval of the settlement, pursuant to Rule 23(e), Fed.R.Civ.P.' This action was instituted by five named plaintiffs, each of whom is a past or present recipient in Orange County, New York, of Aid to Families with Dependent Children or of Home Relief. Th...
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MEMORANDUM AND ORDER The question before me is whether plaintiff’s service of a summons and complaint upon defendant’s receptionist on November 22, 1977, was adequate under N.Y.C.P.L.R. § 311(1) to commence an action in New York State Supreme Court. Defendants, who removed the action to this court from the state court, have now moved for an order dismissing the action under Fed. Rule 12(b)(5). Aff...
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OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW On April 29, 1965, the late Henry Harwood Rousseau created four inter vivos trusts (the “Trusts”) for the benefit of each of his four daughters and their descendants (the “beneficiaries”). Named as Trustee in each of the Trusts was the defendant, United States Trust Company of New York (“USTC” or the “Trustee”). Plaintiffs, the beneficiarie...
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MEMORANDUM OPINION AND ORDER FACTS Plaintiff has filed a three count complaint in the instant action. The first count names the Sharon School District as the defendant and is brought under Title VII of the Civil Rights Act of 1964 and alleges that the plaintiff was a school teacher who became pregnant and due to the existing policy of the School District, was required to and did in fact s...
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MEMORANDUM OPINION AND ORDER FACTS Plaintiff, Walworth Company, is a corporation qualified to do business in the Commonwealth of Pennsylvania, with a manufacturing plant in Greensburg, Pennsylvania, where it is engaged in the manufacturing of steel valves. Defendant, United Steelworkers of America, AFL-CIO, is the collective bargaining agent for certain employees of plaintiff. Defendant, Distri...
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*46OPINION This is an action for declaratory and mandatory relief in the nature of Mandamus to redress deprivation of rights, privileges and immunities secured to Plaintiff, Francesco J. Gallo, by the Constitution, laws and treaties of the United States. Jurisdiction is invoked pursuant to 28 U.S.C. §§ 1331, 1361, 2201 and 2202, 42 U.S.C. 1983 and this Court’s pendant and ancillary jurisdiction. T...
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MEMORANDUM OF DECISION Plaintiff, Kathy Stuart 1 , is in her third year at Danbury High School. The records kept by the Danbury School System concerning plaintiff tell of a student with serious academic and emotional difficulties. They describe her as having deficient academic skills caused by a complex of learning disabilities and limited intelligence. Not surprising, her reco...
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MEMORANDUM OPINION In this appeal from the order of the bankruptcy judge in a Chapter XI arrangement *401proceeding, the Government challenges the denial of its motion to dismiss the amended counterclaim filed by the trustee in bankruptcy. On February 4, 1975, Oxford Marketing, Ltd. petitioned for an arrangement under Chapter XI of the Bankruptcy Act, 11 U.S.C. § 701 et seq. On November 19,1975, ...
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OPINION I Jurisdiction and Background Plaintiff, Kenneth Owens-El, is a former inmate of the Allegheny County Jail (“jail"), Pittsburgh, Pennsylvania. In 1975 he filed a pro se suit (one filed by himself without legal counsel), challenging the constitutionality of the conditions under which inmates of the jail are confined and seeking money damages and equitable relief. The complaint na...
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MEMORANDUM OPINION AND ORDER A magistrate of this district recommended: —that the motion of August 3, 1977 of the defendant Teamsters Local Union No. 549, Kingsport, Tennessee (Local) for a summary judgment be denied; —that the motion of August 8, 1977 of the defendant Joint Council No. 87 (Council) to dismiss or for a summary judgment be granted; —that the motions of August 8, and October 20, 19...
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OPINION On September 10, 1976, record rains accompanying Hurricane Kathleen broke through flood control facilities and inundated parts of the City of Palm Desert, California (the City). Property owners whose lands were damaged (plaintiffs) brought these nearly identical actions against the defendant Coachella Valley County Water District (Water District) for just compensation under the Fifth and ...
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MEMORANDUM AND ORDER This case presents the question of whether a defendant in this Circuit, whose plea of guilty has previously been accepted by the court, mus't be allowed, to withdraw his guilty plea before sentencing for the sole reason that the defendant, although admitting his guilt and that his plea of guilty was intelligently and voluntarily made by him, has changed his mind and wishes a t...
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MEMORANDUM AND ORDER Plaintiff-petitioner (hereinafter plaintiff) 1 challenges the constitutionality of the statutory procedure under which her rights over her child were terminated without her consent. Defendant is a licensed child care agency. At issue is Mass.Gen.Laws ch. 210, § 3 2 which allows non-consensual termination upon a finding by a probate judge that ado...
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MEMORANDUM OPINION Plaintiff seeks a temporary restraining order and a preliminary injunction, under section 504 of the Rehabilitation Act, 29 U.S.C. § 794, compelling the New York University Medical School to readmit her as a student. Argument on the motion was held on December 30, 1977. Briefly stated, plaintiff’s claim is that the school has illegally discriminated against her on the basis o...
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MEMORANDUM OPINION AND ORDER This case requires the Court to consider whether the venue provisions set out in the National Bank Act of 1875, 12 U.S.Code, Section 94, or the venue section found in the Employee’s Retirement Income Security Act of 1974 (hereinafter referred to as ERI-SA), 29 U.S.Code, Section 1132(e)(1), determines the district where the plaintiff can initiate this action. T...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on appeal by defendant from an order of United States Bankruptcy Judge Hal J. Bonney, Jr., which provided that a debt of defendant to a corporation formerly owned and operated by defendant and now also bankrupt, was not discharged in defendant’s bankruptcy and further provided that judgment be entered in favor of the corporation’s ...
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MEMORANDUM OPINION AND ORDER This action came on for hearing before this Court on December 13, 1977, at Huntington, upon the Defendants’ motion to dismiss or in the alternative, motion to stay these proceedings pending the outcome of similar litigation in the Circuit Court of Cabell County, West Virginia, a state court. The motions are presented on the pleadings, stipulations of counsel, ...
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MEMORANDA OPINIONS AND ORDERS (The plaintiffs amended their complaint herein so as to invoke properly the jurisdiction of this Court, see memorandum opinion and order herein of February 14, 1978.) A magistrate of this district recommended that the motion of the defendant White Clover Cheese Company, Inc. (White Clover) for a dismissal of this action, for the plaintiffs’ failure to state a claim a...
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MEMORANDUM OPINION This action against the United States for the allegedly wrongful death of the pilot and sole occupant of a single-engine Piper Arrow aircraft arises under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq. Jurisdiction is premised on 28 U.S.C. § 1346(b). The pilot, plaintiff’s decedent, David C. Bandy, died in the crash of the aircraft at approximately 12:13 p. m.1 on Januar...
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DECISION ON MOTION TO DISMISS FACTS Hawaii State Senator John Leopold is suing John F. O’Leary, individually and as Administrator of the Federal Energy Administration, for declaratory relief and to enjoin the implementation of the Strategic Petroleum Reserve Plan as violative of its enabling statute [The Energy Policy and Conservation Act, 42 U.S.C. §§ 6231, 6234(d), 6237.] Plaintiff alleges that...
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DECISION and ORDER The defendant has filed a motion to dismiss and for costs and attorney’s fees pursuant to Rules 37(d) and 41(b), Federal Rules of Civil Procedure. The motion is based on allegations of substantial misconduct by government agents during the discovery proceedings held in this case. The motion to dismiss and for costs will be granted, but the request for attorney’s fees will be de...
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MEMORANDUM and ORDER Pursuant to 28 U.S.C. Section 636(b)(1), this Court is called upon to “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made” with respect to the recommendations of Magistrate Sol Schreiber that defendants’ motion for summary judgment be granted. As set forth in detail in the Magi...
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CERTIFICATION OF EXTRADITION AND ORDER OF COMMITMENT Pursuant to its treaty with the Federal Republic of Germany, the United. States seeks an extradition certification for Johann (John) Breyer based on Breyer’s role, as a Nazi “Death’s Head Guard,” in the murder of 216,000 European Jews at the Auschwitz II-Birkenau death camp. For the following reasons, I will grant the United States’ request an...
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