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https://www.courtlistener.com/api/rest/v3/opinions/7218915/ | PATTERSON, District Judge.
The libelant sued to recover $14,364.97 under a marine protection and indemnity insurance cover. The facts are stipulated.
The libelant owned the steamship Mexico. The Mexico had a collision with the Hamilton in which both were damaged. The collision was caused by error in navigation on the p... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218917/ | ATWELL, District Judge.
On February 7,1933, there was filed with the clerk of this court a certificate from the referee in bankruptcy for the Dallas Division, evidencing a desire by W. J. Rutledge, receiver, to review an order made by that official. The cause was set down by this court for argument Saturday, February 1... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218918/ | NORDBYE, District Judge.
The plaintiff brings this action to recover judgment in the sum of $8,868, which sum represents a balance of freight charges claimed to be due under its tariffs for the transportation of numerous shipments of a product sold under the trade-name of “RyKrisp.” Defendant paid plaintiff the charges... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218919/ | BORAH, District Judge.
This proceeding, which involves the condemnation of flowage and levee rights over the property, right of way, and railway line and tracks of the respondent Yazoo & Mississippi Valley Railroad Company et al., was instituted by the United States under the Act of Congress approved May 15, 1928, comm... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218670/ | KENNEDY, District Judge.
This is a motion for summary judgment.
The complaint (in two counts) charges the defendants with infringement of two patents embodying improvements in the making of a doll, and also with unfair competition in respect of the same product. I consider myself bound by a prior decision in the case f... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218672/ | KNOUS, District Judge.
The plaintiff is a nonresident and the defendant has made a motion that it *230be required to furnish a cost bond. No other ground therefor is asserted in the motion which, as stated in the argument and as appears inferentially from its face, is grounded on Sections 10 and 11, Chapter 43 of Color... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218673/ | McGRANERY, District Judge.
This is an action for damages against the defendant physician, alleging that serious injuries were sustained by the wife plaintiff as a result of the negligent manner in which the defendant is asserted to have performed a “nerve block”. Plaintiffs have filed interrogatories under Rule 33, F.R... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218675/ | McGOHEY, District Judge.
The defendants -severally and individually object, under Rule 36 of the Federal Rules of Civil Procedure, 28 U.S.C.A., to each of 267 items in plaintiff’s notice of request for admissions. They also move to strike out and dismiss the notice. It is claimed among other things that the notice on i... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218676/ | FOLEY, District Judge.
The defendant by notice of motion moves to dismiss the actions set forth in paragraphs 27 through 44 inclusive of the complaint, for failure to state a claim upon which relief can be granted. The particular designated paragraphs embrace the Fifth, Sixth and Seventh causes of action set forth in t... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218677/ | MEDINA, District Judge.
Defendants herein move for an order vacating the notice to take depositions served by the plaintiff on April 24, 1950, or in the alternative, for an order granting the defendants precedence over' the plaintiff in the taking of depositions.
This is a triple damage suit brought under the Sherman a... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218678/ | REEVES, Chief Judge.
The several motions of defendant are, (a) to dismiss, because of failure to state a cause of action, and (b) to strike certain averments of the pleadings as splitting causes of action and violative of Rule 10 (b), Federal Rules of Civil Procedure, 28 U.S. C.A.
These will be examined. The action is ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218679/ | MEDINA, District Judge.
On February 13, 1948, I was designated by Honorable John C. Knox, now the Chief Judge but then Senior District Judge of this Court, to preside at the trial, to hear and determine all motions and to supervise all pre-trial procedures in this case.
There are 130 individual defendants, 7 corporate ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218683/ | REEVES, Chief Judge.
By the above motion the defendant seeks to have the plaintiff state: “(1) At what place he was working * * * as well as the place of the occurrence and the facts surrounding the manner of the collision mentioned in paragraph 3 of the complaint * * * (2) in what way plaintiff was caused to suffer pe... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218684/ | IRVING R. KAUFMAN, District Judge.
Plaintiff brought this action to recover payments of federal gift taxes for each of the years 1939 to 1944 inclusive, alleging that the taxing of the sum of $21,000 paid to plaintiff’s mother, Gloria Morgan Vanderbilt, in each of these years was erroneous, since the payments were made... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218685/ | REEVES, Chief Judge.
By their motion the defendants have asked the court to try the issue of liability separate and apart from that of damages as claimed by the plaintiff. With great commendable frankness, counsel for the movant concedes that the matter is wholly discretionary with the court. While this is true, the co... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218686/ | SWITZER, District Judge.
This matter came on for hearing before the court at Davenport, Iowa, on the motion of the defendant to strike and suppress certain interrogatories which plaintiff had duly served upon the defendant. Argument thereon was had both orally and by written briefs.
Interrogatories were propounded by p... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218687/ | RIFKIND, District Judge.
Defendant Stor-Aid of Ohio moves to dismiss the complaint on the grounds that this Court lacks jurisdiction over the subject-matter and that the complaint fails to state a claim upon which relief may be granted. Rule 12(b) (1), (6), Federal Rules of Civil Procedure, 28 U.S.C.A. Defendant Stor-A... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218688/ | DELEHANT, District Judge.
Promptly after the entry of the court’s order of October 26, 1949, 9 F.R.D. 544, the plaintiff served and filed an amended complaint against the sole remaining defendant Robert Stutz, who seasonably tendered a consolidated motion (a) to dismiss, (b) to strike, and (c) for more definite stateme... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218689/ | JONES, Chief Judge.
This is an action to -recover money due and owing upon a contract.
The original defendant, Mohr & Sons, had entered into a contract with the additional third party defendant, Carnegie-Illinois Steel Corporation for the repair and renovation of a blast furnace. Plaintiff was hired as a -sub-contracto... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218690/ | JONES, Chief Judge.
This is an action to set aside and recover a preferential transfer.
Defendant has retained two firms of attorneys to represent him in this action. One firm is located in Lorain, the other in Cleveland. For some reason unknown to the Court these two firms of attorneys were unable to contact each othe... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218691/ | FAKE, Chief Judge.
The record in this case presents a confused situation. The complaint alleges that the defendant made rent charges in excess of the legal limitation. Defendant answering admits it and then in the same answer denies it. Defendant was called upon to make certain admissions under Federal Rules of Civil P... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218692/ | JONES, Chief Judge.
These are actions for damages for personal injuries.
The same question is presented in both actions by defendants’ motions to dismiss the complaints for lack of jurisdiction of the persons of the individual defendants, to dismiss for insufficiency of service of process and to quash the service of pr... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218693/ | McGOHEY, District Judge.
This is a motion by defendant for an order directing the issuance of letters roga-tory to the Appropriate Judicial Authority in Teheran, Iran, for the examination of a witness on written interrogatories and cross-interrogatories. Defendant’s attorney avers that the Kingdom of Iran will not perm... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218694/ | McGOHEY, District Judge.
Defendant moves under Federal Rules of Civil Procedure, Rule 37(d), 28 U.S.C.A., to dismiss the complaint for failure of plaintiff Gholam H. Kiachif to appear for deposition pursuant to notices served on his attorney January 21, 1949 and February 28, 1950.
It appears that Gholam H. Kiachif, who... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218922/ | McVICAR, District Judge.
Rev. St. § 5299 (12 U. S. C. § 592 [12 USCA § 592]), provides: “Any officer, director, * * * of any Federal reserve bank, or of any member bank ® * * who embezzles, abstracts, or willfully misapplies any of the moneys, funds, or credits of such * * * member bank * * * -with intent in any ease t... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218925/ | HAYES, District Judge.
On September 23, 1927, the defendant executed a fidelity bond in the penal sum of $25,000, to indemnify the People’s Bank of Sanford, N. C., against loss caused by any act of fraud, embezzlement, wrongful abstraction, or misapplication of the bank’s assets by H. C. Newbold, its cashier, and the b... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218926/ | LETTS, District Judge.
This matter is before the court on a motion to dismiss the bill of complaint. The motion is based upon the contention that the same subject-matter and issues involved in this bill are embraced in an action now pending before the probate court of Barnstable county, Mass. The action involves more t... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218695/ | FAKE, Chief Judge.
This is a motion for summary judgment under Federal Rules of Civil Procedure, rule 56, 28 U.S.C.A. The motion is a written motion and reads as follows: “ * * * attorney for plaintiff, * * * will apply * * * for the entry of a judgment for the plaintiff for the relief demanded in the complaint, on the... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218696/ | DELEHANT, District Judge.
The court has carefully examined the exhaustive and excellent briefs of counsel submitted upon the defendant’s consolidated motion. It has concluded that, solely upon procedural considerations, the motion must be denied and overruled. In the light of that ruling, the action will remain for the... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218697/ | CONGER, District Judge.
Motion by the defendant for an order (1) dismissing the complaint on the principle of forumi non conveniens; (2) dismissing the complaint for failure to set forth an action arising under the Acts of Congress relating to trademarks; (3) dismissing the complaint for lack of jurisdiction over plain... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218700/ | SMITH, District Judge.
This action is before the Court at this time on the motion of the defendants to dismiss the complaint for “failure to state a claim upon which relief can be granted.” The complaint meets the requirements of Rule 8(a) (2) of the Rules of Civil Procedure, 28 U.S.C.A., and is therefore sufficient. T... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218701/ | CONGER, District Judge.
Motion by plaintiff to discontinue this action pursuant to Rule 41 of the Federal Rules of Civil Procedure, 28 U.S.C.A.
There are two actions pending between these parties for the same relief; one in the Supreme Court of the State of New York and the other (this action) in this Court. Issue has ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218929/ | REEVES, District Judge.
Under its bill of interpleader, the plaintiff deposited with the clerk of this court $8,-782.38. Thereupon it asked to be discharged with its costs. Such an order was made. There remained in the fund after the payment of costs $8,150.01. Leo E. Haskett and Tidewater Oil Sales Corporation, as int... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218930/ | LETTS, District Judge.
This is an action for damages predicated upon the alleged conversion of 20,009 shares of stock in the Victory Gold Mines, Limited, an Ontario corporation. The defendant trust company was the transfer agent of that corporation, a fact of considerable significance in determining the defendant’s dut... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218935/ | ANDREW M. J. COCHRAN, District Judge.
This action is before me on plaintiff’s motion to remand to the state circuit court from which it was removed. There is no diversity of citizenship between the parties. It was removed on the ground that the action arises under the laws of the United States. The particular law under... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218702/ | CONGER, District Judge.
The third party defendant herein, Todd Shipyards Corporation, has moved for leave to make Lamport & Holt Line, Ltd. a party to this action. Application is made pursuant to rule 14 of the Federal Rules of Civil Procedure, 28 U.S.C.A.
Motion is denied.
This application is within the jurisdiction o... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218704/ | SMITH, District Judge.
This is a civil action under the False Claims Act, 31 U.S.C.A. § 231, to enforce the liability imposed by the Act upon those guilty of its violation. The action is before the Court at this time on the motion of the defendants, filed pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218705/ | MEDINA, District Judge.
’Defendant Douglas Aircraft Company, Incorporated, moves to strike the cross-claim of defendant United Air Lines, Inc., pursuant to Rule 11, F.R.C.P., 28 U.S.C.A.; to dismiss the cross-claim pursuant to Rule 12(b), F.R.C.P.; for a more definite statement, pursuant to Rule 12(e), F.R.C.P.; and to... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218706/ | IRVING R. KAUFMAN, District Judge.
Plaintiff and the individual additional defendants to the counterclaim of defendant Triangle Publications, Inc. (hereafter called “Triangle”) have moved for an order striking from the counter-claim certain paragraphs purporting to state a claim under the Robinson-Patman Act, 15 U.S.C.... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218707/ | McLaughlin, Judge.
On February 9, 1950, the defendant, represented by two attorneys, Harry Hewitt, Esq., and John Alexander, Esq., of the firm «of Hewitt & Alexander, appeared in Court, and when the Government announced its ■desire to file three felony charges against the defendant in the form of an information the def... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218708/ | McLaughlin, judge.
Heretofore on May 31, 1950, a memorandum was filed recording the reasons for denying defendant’s motion under Rule 32 (d), Federal Rules Criminal Procedure, 18 U.S.C.A., for a change of plea. The motion being denied, 10 F.R.D. 332, judgment and sentence followed.
Upon giving notice of appeal, the que... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218709/ | CONNALLY, District Judge.
This is an action for personal injuries allegedly received by the plaintiff, a longshoreman, on August 27, 1948 when he fell through an open hatch on the S. S. Hawaiian, which vessel was being loaded at Houston, Texas. The plaintiff alleges that he was rendered unconscious and received serious... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218710/ | JONES, Chief Judge.
This is an action to set aside and recover a preferential transfer.
Defendant previously moved for a more definite statement of the complaint which motion was sustained primarily because plaintiff did not oppose the motion.
Plaintiff, pursuant to Federal Rules of Civil Procedure, rule 52(b), 28 U.S.... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218711/ | FAKE, Chief Judge.
The issues here arise on motion for summary judgment pursuant to Federal Rules of Civil Procedure, rule 56, 28 U.S.C.A.
*344The Court is called upon here to pass upon the truth of an affidavit made by a government attorney, the substance of which is in direct conflict with a well-pleaded allegation i... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218712/ | THORNTON, District Judge.
The Court has been asked to determine the validity of defendant’s objections to certain of plaintiffs interrogatories and to further determine the validity of the plaintiff’s objections to certain requests set forth in the defendant’s Motion for Production.
The plaintiff’s within cause of acti... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218714/ | NEVIN, Chief Judge.
On May 23, 1949, defendant filed a document in which it submitted sixteen interrogatories to be answered by plaintiff, asserting that the interrogatories were submitted under the authority of Rule 33 of' the Federal Rules of Civil • Procedure, 28; U.S.C.A.
On June 2, 1949, plaintiff filed a document... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218718/ | FREED, District Judge.
The action is for wrongful death arising out of an airplane accident occurring in Wisconsin. Defendant Martin moves to strike certain matter from the complaint, for a statement in separate counts, and for a dismissal of the second cause of action.
Assuming, arguendo, that the wrong measure of rec... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218720/ | SWITZER, District Judge.
This matter came on for hearing in open court at Des Moines, Iowa, on the 7th day of July, 1950 upon the objections of the •defendant to the plaintiff’s requests for admissions, and the plaintiff having elected to submit the matter on written brief, argument was had by the defendant in support ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224439/ | ORDER
SUSAN C. BUCKLEW, District Judge.
This cause comes before the Court on Ameritox, Ltd.’s Motion for Partial Summary Judgment. (Doc. No. 337-1). Millennium Laboratories, Inc. opposes the motion. (Doc. No. S365). The Court issued an order denying in part and deferring in part this motion. (Doe. No. 397). To the ext... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224440/ | ORDER GRANTING PLAINTIFF’S MOTION TO REMAND CASE TO STATE COURT
PATRICIA A. SEITZ, District Judge.
THIS MATTER is before the Court on Plaintiffs Motion to Remand Case to State Court for Lack of Subject Matter Jurisdiction [DE-12], Plaintiff Jason A. Silverman, a Florida citizen, alleges five state law counts against D... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224441/ | ORDER
CECILIA M. ALTONAGA, District Judge.
THIS CAUSE came before the Court upon Defendant, Kaizen Medical Services, Inc.’s (“Kaizen[’sj”) Motion to Dismiss (“Motion”) [ECF No. 22], filed February 18, 2014. On March 18, 2014, Plaintiffs, State Farm Mutual Automobile Company and State Farm Fire & Casualty Company (coll... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218721/ | KLOEB, District Judge.
There is before the Court the motion of the defendant to dismiss plaintiff’s complaint for the reason that it fails to state a claim upon which relief can be granted, filed under the provisions of Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A.
Briefly and simply stated, the c... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218722/ | GALSTON, District Judge.
The three motions before the court will be disposed of in this single opinion.
The defendants move for a separate trial under Rules 42(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., and for a stay of all depositions, interrogatories and other discovery or proceedings in any matter not... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218723/ | JONES, Chief Judge.
This is a breach of warranty action now before the Court on consideration of defendant’s objections to plaintiff’s interrogatories, and of defendant’s motion to compel plaintiff to answer interrogatories.
The interrogatories objected to are Nos. 1-5, inclusive, and No. 7. Generally, these interrogat... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218724/ | JONES, Chief Judge.
This is an action in which plaintiff seeks to enjoin defendants from disclosing a certain secret recipe. A motion for the taking of defendants’ depositions has been granted and a subpoena duces tecum issued for the production of certain documents including those which will show the recipe now being ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218727/ | JONES, Chief Judge.
This is a motion to vacate judgment pursuant to Rule 60(b) (6), Fed.Rules Civ. Proc. 28 U.S.C.A.
The action, one seeking treble damages for violation of the rent control act, was originally filed March 22, 1946. On January 16, 1947 a default judgment was entered in the sum of $1,608.00 and costs. On... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218728/ | JONES, Chief Judge.
This is an action brought under favor of the Jones Act, 46 U.S.C.A. § 688.
Plaintiff served four interrogatories upon defendant. Defendant objects to Interrogatory No. 1 insofar as it calls for the production of certain reports.
The objection is well taken. Fed. Rules Civ.Proc., rule 33, 28 U.S.C.A.... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218742/ | BURNS, District Judge.
Both parties agree that this court has discretion to require plaintiff to file a reply to the answer of defendant. The issue is whether the circumstances -alleged in the answer of defendant are such as to warrant the exercise of discretion.
It is my belief that, in so far as possible, the develo... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7219104/ | JOHNSON, District Judge.
The bill of complaint charges the defendants with infringement of letters patent No. 1,713,726 relating to photographic sound on film recording and reproducing. The plaintiffs in each suit are American Tri-Ergon Corporation, assignee of the patent, and Tri*33Ergon Holding A. G., exclusive licen... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7219105/ | KNIGHT, District Judge.
Plaintiff has brought action as administratrix of the estate of her husband, to recover damages resulting from negligent acts and omissions of the defendant which caused the death of her husband.
Hearing has been had on defendant’s application for a bill of particulars pursuant to consent of the... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218729/ | JONES, Chief Judge.
This is an action for damages for personal injury brought pursuant to the terms of Sections 51-60, 45 U.S.C.A. Joined as defendants are the Wheeling and Lake Erie Railway Company and the New York, Chicago & St. Louis Railroad Company. The former was the employer of the plaintiff at the time of the a... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218730/ | JONES, Chief Judge.
This is a wrongful death action now before the Court for consideration of defendant’s objections to certain interrogatories.
The objections to Interrogatories 8, 9, 10, 11, 17 and 20 must be sustained. Documents and copies thereof cannot be ob*395tained by use of Rule 33, Fed.Rules Civ. Proc., 28 U.... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218731/ | JONES, Chief Judge.
This is a wrongful death action arising out of an airplane accident in the State of Wisconsin. Defendants are the corporation which manufactured the plane and the corporation which owned and operated it at the time of the accident. The Martin Company moves to strike from the complaint certain allega... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218732/ | CONGER, District Judge.
Motion for an order directing plaintiff herein (a) to make a more definite statement of its claim pursuant to Rule 12(e) of the Federal Rules of Civil Procedure, 28 U.S.C.A. and (b) to state the circumstances constituting the fraud alleged in the amended complaint with particularity pursuant to ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218733/ | SUGARMAN, District Judge.
Plaintiff, a seaman suing for negligence and maintenance and cure, excepts to defendant’s interrogatories “on the ground that the defendant has already had an oral examination of the plaintiff before trial, and on the further ground that the defendant has had a doctor examine the plaintiff. Pl... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218734/ | FAKE, Chief Judge.
This is a motion for summary judgment under Federal Rules of Civil Procedure, rule 56, 28 U.S.C.A.
Tjie record here discloses issues of fact controverted by the answer.
The affidavits cannot be read as to their truth when directed to the well-pleaded allegations in either the complaint or the answer.... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218737/ | NORDBYE, Chief Judge.
On or about January 26, 1946, the Swedish Hospital of Minneapolis, hereinafter sometimes called “Swedish”, and the Standard Construction Company, 'hereinafter sometimes called “Standard”, entered into a contract upon a cost plus a fee basis for the construction of certain new floors at the hospita... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218738/ | JONES, Chief Judge.
This is a wrongful death action arising out of an air accident in which plaintiff’s' decedent was killed. One defendant operated and owned the plane and the other defendant manufactured it.
The allegations to which defendant, Glenn L. Martin Company objects contain reference to the negligent manufac... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218739/ | REEVES, Chief Judge.
Counsel for the defendant have filed a motion for a bill of particulars authorized by paragraph (f) Rule 7, Federal Rules of Criminal Procedure, 18 U.S.C.A. This rule provides that:
“The court for cause may direct the filing of a bill of particulars. A motion for a bill of particulars may be made o... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218740/ | REEVES, Chief Judge.
The plaintiff seeks a summary judgment under the provisions of Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A. It is provided by said Rule 56 that a summary judgment shall be rendered “if the pleadings * * * and admissions on file * * * show that there is no genuine issue as to any material ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224443/ | MEMORANDUM OPINION
JOHN M. FACCIOLA, UNITED STATES MAGISTRATE JUDGE
On September 27, 2013, this Court was presented with an application for a search warrant pursuant to Rule 41 of the Federal Rules of Criminal Procedure and 18 U.S.C. § 2703(a), (b) and (c), to compel Facebook, Inc. to disclose certain records and conte... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224444/ | MEMORANDUM AND ORDER REGARDING DEFENDANT’S SECOND MOTION FOR SUMMARY JUDGMENT AND DEFENDANT’S SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT (Dkt. Nos. 41 & 44)
PONSOR, District Judge.
I. INTRODUCTION
Plaintiffs, Jose and Maria Santos, have brought suit under Mass. Gen. Laws ch. 93A against their insurer, Defendant Preferred... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7224445/ | EVIDENTIARY ORDER
JOSEPH N. LAPLANTE, District Judge.
The defendant, Frederick Drane, faces trial on one count of possession of crack cocaine with intent to distribute, see 21 U.S.C. § 841(a)(1), and one count of conspiring to do so with his co-defendant (“HL”), see id. § 846. HL, who has pleaded guilty to the possess... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218743/ | BURNS, District Judge.
The primary basis of the objections of defendant to the interrogatories propounded by plaintiff is apparently the fear that answers to the questions asked might tend to accentuate what defendant considers to be less important facts. When it is recalled, however, that the function of interrogatori... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218744/ | McGOHEY, District Judge.
This is a spurious class action for treble damages under the antitrust laws. Defendants move (1) to dismiss an amended complaint, (2) for summary judgment, and (3) to strike certain allegations.
The motion to dismiss is based on two grounds: (a) failure to state a claim on which relief can be g... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218745/ | DONOHOE, Chief Judge.
The plaintiff, an Iowa banking corporation, brought this action to recover $11,650, the amount of a customer’s draft which was allegedly accepted for payment by the defendant, a Nebraska banking corporation. This court has jurisdiction of the case because there is diversity of citizenship and the ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218746/ | NEVIN, Chief Judge.
On March 9, 1950, plaintiff herein filed a document entitled Cross-Motion for Summary Judgment. With its “Cross-Motion” and attached thereto, and in support thereof, plaintiff filed two affidavits and certain exhibits. One affidavit was that of Rich-art H. Weis and the other of Bernard J. Gardener.
... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218747/ | REEVES, Chief Judge.
Counsel for plaintiffs vigorously and earnestly insist that they are entitled to a summary judgment. Rule 56 Federal Rules of Civil Procedure provides, 28 U.S.C.A., among other things: “(c) * * * The judgment sought shall be rendered forthwith if the pleadings, depositions, and admissions on file, ... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218748/ | REEVES, Chief Judge.
The defendant has filed one motion to dismiss the indictment, another for a bill of particulars, and a third “For Bill of Discovery and Inspection.” These several motions have been examined and will be considered in their order.
1. The indictment conforms to Rule 7, Federal Rules of Criminal Proced... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218750/ | SWITZER, District Judge.
The plaintiffs filed and served a complaint charging the defendants with infringement of eight patents, one of these patents appears to be a reissue of another. It appears that in all the said eight patents include fifty-five patent claims. The complaint fails to specify with particularity whet... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218752/ | REEVES, Chief Judge.
The defendant in the first instance challenges the sufficiency of the service in this case and seeks dismissal upon the ground that at the time the summons purportedly was served upon defendant he was a nonresident of the State of Missouri. An examination of the pleadings, including the return of t... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7218753/ | ATWELL, District Judge.
Plaintiff sued on the Stevens patent which covers the patching of a hole in a garment, for alleged infringement, damages and injunction. After pleadings, interrogatories, and admissions by each side, each seeks a summary judgment.
One of the issues presented by the defendant for such judgment, i... | 01-04-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841963/ | Borden, J.
The plaintiff, Richard Lauer, appeals from the trial court’s dismissal of a zoning appeal from a decision of the named defendant, the zoning commission of the town of Redding, granting a special permit to the defendant John Angeloni for a horse riding academy.1 The plaintiff claims that the trial court impro... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841964/ | Shea, J.,
dissenting. I disagree with the majority that the failure to notify the town of Bethel of the hearing *474on John Angeloni’s special permit application pursuant to General Statutes § 8-3h did not invalidate the granting of the application by the Redding zoning commission because of a violation of that statute... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841966/ | Borden, J.
The dispositive issue of this appeal is whether the plaintiff, Janice Pomazi, established classical aggrievement to appeal from the action of the named defendant, the Redding conservation commission, in failing to revoke the inland wetlands and watercourses license of the defendants Gary R. Michael and Denni... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841968/ | Berdon, J.,
dissenting. I disagree with the majority’s rejection of the defendant’s claim that the trial court erred in refusing to allow him to present evidence in support of a challenge to his jury array. I would find, on the basis of the offer of proof made by the defendant, that he was entitled to an evidentiary he... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841970/ | Borden, J.
The principal issue of this appeal is whether the trial court exceeded the proper scope of review of the decision of the named defendant, the *529Hamden planning and zoning commission (commission), in amending the Hamden zoning regulations regarding the development of shopping centers. The defendants1 appeal... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841971/ | Borden, J.
The dispositive issue of this appeal is whether proposed amendments to the Hamden zoning regulations considered by the named defendant, the Hamden planning and zoning commission (commission), “concern[ed] [a] project” within the meaning of General Statutes § 8-3h1 so that the commission was required to give ... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841972/ | Peters, C. J.
The sole question before us in this certified appeal is whether the provision of the statute of *570frauds, General Statutes § 52-550 (a) (5),1 requiring a writing for an “agreement that is not to be performed within one year from the making thereof,” renders unenforceable an oral contract that fails to s... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841973/ | Shea, J.
The plaintiffs1 have appealed from the action of the defendant zoning commission of the city of Waterbury in amending several sections of the Water*586bury zoning ordinance, the effect of which is to prohibit multiple family dwellings in certain commercial zones. The trial court upheld the commission’s decisio... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841974/ | Callahan, J.
This appeal arises from various rulings made in the course of the criminal trial of the defendant, David Lewis. The defendant was charged with one count of the crime of murder in violation of General Statutes § ñSa-ñAa1 and two counts of the *604crime of conspiracy to commit murder in violation of General ... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841975/ | Glass, J.
After a jury trial, the defendant appealed to the Appellate Court from a judgment of conviction of possession of narcotics in violation of General Stat*629utes § 21a-279 (a).1 On appeal, he claimed that the trial court improperly refused to instruct the jury as to the doctrine of nonexclusive possession of th... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841976/ | Berdon, J.,
dissenting. The sole issue presented on appeal from the Appellate Court is whether the trial court, in this prosecution for the illegal possession of narcotics with intent to sell, should have instructed the jury on the doctrine of “non-exclusive possession of the premises” in accordance with the defendant’... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841977/ | Peters, C. J.
The principal issue in this appeal is whether a judgment creditor who has foreclosed upon a judgment lien pursuant to General Statutes § 52-380a (c)1 is entitled to a deficiency judgment pursuant to General Statutes § 49-14 (a).2 After concluding that the provisions of § 49-14 (a) concerning deficiency ju... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841978/ | Berdon, J.
The issues raised in this appeal are grounded upon the ruling of the trial court requiring a defense witness, Richard Clark, to invoke his fifth amendment privilege against self-incrimination in the presence of the jury during cross-examination by the state. The Appellate Court refused to consider this claim... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841981/ | Callahan, J.
During the years 1976 through 1982, the plaintiff, United Technologies Corporation (UTC), was a corporation organized and existing under the laws of the state of Delaware. During those years, UTC did business in Connecticut and, consequently, was subject to the Connecticut corporation business tax embodied... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841983/ | Berdon, J.
The principal issue in this case is whether the plaintiff, Unisys Corporation, is entitled to an evidentiary hearing to determine whether it has standing to enjoin the state from awarding a purchase contract. The plaintiff appeals from the trial court’s decision granting the defendants’ motion to dismiss. We... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841984/ | Shea, J.
After a jury trial the defendant, Robert K. Jeffrey, was convicted of the crimes of sexual assault in the first degree in violation of General Statutes § 53a-70 (a)1 and kidnapping in the first degree in violation of General Statutes § 53a-92 (a) (2) (A).2 He was subsequently sentenced to an effective term of ... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841985/ | Peters, C. J.
The dispositive issue in this administrative appeal is whether injured state employees may elect to calculate their benefits in accordance with the traditional workers’ compensation benefits established by General Statutes § 31-307 rather than by the special duty benefits established by General Statutes §... | 01-04-2023 | 09-08-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/7841987/ | Berdon, J.,
dissenting. The majority, through statutory construction, grants certain state employees an election to receive for total incapacity either their “full salary” under General Statutes § 5-142 (a)1 or “sixty-six and two-thirds per cent of [their] average weekly earnings” under General Statutes § 31-3072 of th... | 01-04-2023 | 09-08-2022 |
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