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524278-3519 | BEER, District Judge.
Alken-Ziegler, Incorporated, (Company) appeals from the district court’s grant of summary judgment affirming an arbitration award in favor of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, and Local Union 985 (Union). For the following reasons,... |
3088069-19872 | Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge TRAXLER and Senior Judge WILLIAMS joined.
OPINION
WILKINSON, Circuit Judge:
The plaintiff in this case alleges that defendant fiduciaries breached their duty to him by failing to implement the investment strategy he had selected for his em... |
3601688-11825 | PER CURIAM:
The uncommon crime of looting is at the nub of this appeal. We affirm.
Operation Just Cause
Airman First Class Manginell was a security policeman at Norton Air Force Base, California. He was selected for temporary duty during Operation Just Cause, a military expedition in Panama against hostile forces loyal... |
8928789-13581 | SELYA, Circuit Judge.
Defendant-appellant José Guzmán asserts that the Supreme Court’s decision in United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), entitles him to resentencing under non-mandatory sentencing guidelines. Employing the plain error analysis applicable to unpreserved claims of Book... |
4062190-28220 | ORDER AND JUDGMENT
TERRENCE L. O’BRIEN, Circuit Judge.
Dale Ilgen pled guilty to possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). He was sentenced to 78 months imprisonment, the bottom of the guideline range. He appeals from that sentence, claiming it is substantively unreasonable. We affirm.... |
1537726-12834 | DIANE P. WOOD, Circuit Judge.
After bouncing between psychiatric diagnoses that found him alternately competent and incompetent to stand trial, Seth Bonsu was eventually found competent and tried and convicted by a jury of one count of conspiring to distribute heroin in violation of 21 U.S.C. § 846, and seven counts of... |
6487333-11922 | OPINION
DONALD R. SHARP, Bankruptcy Judge.
This matter came on for trial pursuant to regular setting. When all parties were present in Court, evidence was adduced and the matter was taken under advisement. The following opinion constitutes the Court’s findings of fact and conclusions of law in accordance with Bankruptc... |
12512251-22322 | KEVIN R. ANDERSON, U.S. Bankruptcy Judge
I. Introduction
Over twenty years ago, Theodore William White, Jr. (the "Debtor") was accused, arrested, and incarcerated for a crime he did not commit. Approximately seven years after his initial arrest, and after multiple proceedings, trials, and appeals, the Debtor was exoner... |
4115970-19263 | MEMORANDUM OPINION
ELIZABETH W. MAGNER, Bankruptcy Judge.
The Chapter 7 Trustee, Claude C. Lightfoot, Jr. (“Trustee”), filed this adversary proceeding to avoid and recover three alleged preferential payments made by the debtor, Sea Bridge Marine, Inc., (“Sea Bridge” or “Debtor”) to the defendant, Praxis Energy Agents, ... |
866494-22721 | J. JOSEPH SMITH, Circuit Judge:
Geraldine Powell, formerly a visiting assistant professor at the Syracuse University School of Architecture, appeals from a judgment of dismissal entered in the United States District Court for the Northern District of New York, Edmund Port, Judge. Judge Port found that, contrary to the ... |
1503526-10134 | R. DORSEY WATKINS, District Judge.
This is a suit by the plaintiffs (hereinafter Nelson and Smith) against the defendant, their employer (hereinafter Victory) to recover moneys allegedly due and to become due under the provisions of a collective bargaining agreement entered into on June 25, 1959 between United Brotherh... |
4257834-5138 | PER CURIAM:
Thomas J. Smith, by Tutrix Carolyn Smith, appeals pro se from the district court’s pre-trial dismissal of his claims that Defendants the Department of Health and Hospitals State of Louisiana (“the Department”), South Central Louisiana Human Services Authority, Easter Seals Louisiana, Inc., and Lafourche ARC... |
3638682-30240 | CARNES, Circuit Judge:
Spurred on by Congress, the Federal Communications Commission issued an order requiring telecommunications carriers to make payments into a Universal Service Fund for subsidizing services for certain categories of consumers. The carriers’ mandatory payments into the fund were calculated based on ... |
6051034-13415 | WOLLMAN, Circuit Judge.
Christopher and Sandra Hintz (Appellants) appeal from the district court’s dismissal of their fourteen-count complaint against JPMorgan Chase Bank (Chase). We conclude that, other than their claim under the Real Estate Settlement Practices Act (RE SPA), the claims set forth in Appellants’ compla... |
3570584-14878 | OPINION OF THE COURT
Before MOUNTS, YAWN and WERNERj Appellate Military Judges.
WERNER, Judge:
Contrary to his pleas, the appellant was convicted of committing unpremeditated murder; felony murder; attempted sodomy; and indecent, lewd, and lascivious acts with a child, in violation of Articles 118, 80, and 134, Uniform... |
1575872-12995 | SILER, Senior Circuit Judge.
Petitioner Gabriel Cruz, III appeals the district court’s denial of his petition for a writ of habeas corpus. Cruz argues the state trial court improperly instructed the jury and that defense counsel was ineffective for failing to object to the erroneous jury instruction. We AFFIRM.
I. BACK... |
3676963-7219 | SIBLEY, Circuit Judge.
P. O’B. Montgomery is a construction engineer residing in Texas. In his income tax return for 1936 he showed income from five construction contracts, the largest being with the State of Texas, for building the State Hall, for the Texas Centennial Exposition. This contract during the course of its... |
400330-7868 | RIVES, Circuit Judge.
Appellant was convicted on two counts of an indictment, charging him with violating Section 2113(a) and Section 2113(c) of Title 18 of the United States Code. He was sentenced to imprisonment for fifteen years for the violation of Section 2113(a) and ten years for the violation of Section 2113(c),... |
4180701-21326 | GIBBONS, J., delivered the opinion of the court, in which GILMAN, J., joined, and STRANCH, J., joined in part. STRANCH, J. (pp. 609-11), delivered a separate opinion concurring in part and dissenting in part.
OPINION
JULIA SMITH GIBBONS, Circuit Judge.
Gaylon Hayden, a participant in Martin Marietta Materials, Inc.’s l... |
3529502-13681 | OPINION
DITTER, District Judge.
This case comes before the Court on a motion for judgment of acquittal or for a new trial. First, the defendant, John Clark, asserts that the denial of counsel of his choice at a lineup resulted in tainted identifications, and secondly, that his reprosecution after an earlier mistrial pl... |
3783702-21981 | MEMORANDUM
HAROLD H. GREENE, District Judge.
This case involves a dispute over the constitutionality and meaning of Public Law No. 102-29, 105 Stat. 169, which was signed into law by the President on April 18, 1991. Ten railroads have filed suit against the United Transportation Union (UTU) seeking a declaratory judgme... |
677476-19392 | ORDER
HAWKINS, District Judge.
The above actions, consolidated by order of this court filed July 26, 1978, involve a pond or impoundment artificially created on the marshes of and adjacent to Lower Too-goodoo Creek, Charleston County, South Carolina. At the time of its construction, this pond or impoundment was owned b... |
10547350-15179 | GOODWIN, Circuit Judge:
This case requires us to decide whether section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (1982), preempts a union’s claim that an employer’s unilaterally implemented drug-testing program violates rights guaranteed by the California Constitution.
Utility Workers of America, Loca... |
448075-16591 | CLARK, Chief Judge.
This appeal by a property owner in a condemnation proceeding questions the adequacy of the compensation awarded by the court for land taken by the United States. The central issue concerns the alleged failure of the trial court to evaluate the property for industrial rather than residential use. The... |
6105121-15368 | MEMORANDUM OPINION
I. Jurisdiction of the Court
WESLEY W. STEEN, Bankruptcy Judge.
This is a proceeding arising under Title 11 U.S.C. The United States District Court for the Middle District of Louisiana has original jurisdiction pursuant to 28 U.S.C. § 1334(b). By Local Rule 29, under the authority of 28 U.S.C. § 157(... |
11753253-23143 | OPINION
The bankruptcy court, interpreting 11 U.S.C. § 365(d)(3), held that the Debtor’s landlord was entitled to a full month’s rent when the Debtor rejected a nonresidential lease and vacated the property on the second day of the month. We agree and affirm.
I.ISSUE ON APPEAL
Whether 11 U.S.C. § 365(d)(3) requires a d... |
9498166-14702 | OPINION OF THE COURT
RENDELL, Circuit Judge.
Carnell Turner seeks our permission to file a second habeas corpus application in the Eastern District of Pennsylvania in an attempt to vacate his 1996 sentence for crack cocaine distribution and conspiracy to distribute crack cocaine. Turner’s proposed habeas corpus applica... |
3818510-8338 | ZATKOFF, District Judge.
James Christopher Walker entered a plea of guilty to bank robbery by force and violence on May 27, 2004, in the Eastern District of Tennessee. On March 17, 2005, Walker was sentenced to 208 months incarceration. Walker now appeals his sentence and asserts that it was unreasonable in light of th... |
919857-8966 | ORDER
Bulgarian native Iliya Ivanov applied for asylum, alleging that he faced persecution because he is an ethnic Rom, commonly known as a Gypsy. After the Immigration Judge (“IJ”) denied his petition for asylum, withholding of removal, and relief under the Convention Against Torture, Ivanov appealed and the Board of ... |
5704275-14847 | MOLLISON, Judge:
In mid-May 1990, the appellant stole two United States Treasury cheeks from the quarterdeck desk of a submarine off-crew office. The checks were issued by a Navy disbursing officer and were made payable to two former shipmates of the appellant. Subsequently, the appellant forged the signatures of the p... |
6053625-19467 | RILEY, Circuit Judge.
Nabil Hamadeh Abumayyaleh (Abumayyaleh) was found guilty by a jury of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). The district court sentenced Abumayyaleh to 100 months in prison. Abumayyaleh appeals his conviction and sentence. For the reasons stated below, we... |
4222358-28066 | DUBINA, Chief Judge:
Brian Scott Culver appeals his convictions and sentences on five counts of production of child pornography under 18 U.S.C. § 2251(a). For the reasons that follow, we affirm.
I. FACTS
On the night of November 11, 2003, K.W., a thirteen year old girl, awoke to a shock on her upper back that made her ... |
3517265-22645 | MEMORANDUM AND ORDER
MURGUIA, District Judge.
Plaintiff brings this lawsuit against defendant for trademark infringement, trademark dilution, false designation of origin, and unfair competition. Defendant filed counterclaims, seeking to have plaintiffs trademark registrations canceled based on being generic, functional... |
3785837-23524 | MEMORANDUM OF OPINION
MANOS, District Judge.
On October 28, 1983, plaintiff, the A.I. Root Company (Root), filed the above-captioned case against the defendants, Computer Dynamics, Inc. (CDI) and Management Assistance, Inc. (MAI). It alleges that CDI and MAI engaged in anti-competitive activity in violation of the Sher... |
3864172-12639 | MEMORANDUM
Because we write solely for the parties, we will address only those facts necessary to our decision — albeit in more detail than usual in view of our colleague’s dissent.
BACKGROUND
On October 16, 2008, Hernandez-Ortega pleaded guilty pursuant to a Fed. R.Crim. Pro. § 11(c)(1)(C) plea agreement to being an i... |
10528310-6359 | CAFFREY, Senior District Judge.
This appeal is taken from summary judgments entered against the defendant in two separate but factually and legally indistinguishable cases from the District Court in Puerto Rico. The defendant-appellant, Allen Radin, is a Florida resident. The plaintiff-appellees are the owners of two h... |
10519399-16307 | MICHEL, Circuit Judge.
Electronic Design & Sales, Inc. (“Electronic Design” or “applicant”) appeals the decision of the United States Patent and Trademark Office, Trademark Trial and Appeal Board (“Board”), sustaining Electronic Data Systems Corporation’s (“Electronic Data” or “opposer”) opposition and denying Electron... |
3500433-24545 | EMILIO M. GARZA, Circuit Judge:
Plaintiff-Appellant Rebecca Gonzalez (“Relator”) brought a qui tam action under the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq., against Defendants-Appellees Fresenius Medical Care North America, Fresenius Medical Care Holdings, Inc., Bio-Medical Applications of Texas, Inc. (colle... |
2201661-14938 | MEMORANDUM OPINION GRANTING DEFENDANT’S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING BID PREPARATION AND PROPOSAL COSTS
WILLIAMS, Judge.
This post-award bid protest comes before the Court on the parties’ cross-motions for partial summary judgment regarding Plaintiffs bid preparation and proposal costs. On Decemb... |
6109702-18968 | MEMORANDUM OPINION AND ORDER
RICHARD L. SPEER, Bankruptcy Judge.
This cause comes before the Court after Continued Hearing on Debtors’ Objection to Relief from Stay by David Parks and Mello Creme, Inc. At the Hearing, the parties had the opportunity to present the evidence and arguments that they wished the Court to co... |
5742105-16119 | OPINION OF THE COURT
SARAGOSA, Judge:
The appellant was convicted in accordance with his pleas of three specifications of violating a lawful general order, two specifications of dereliction of duty and one specification of wrongful use of marijuana on divers occasions, in violation of Articles 92 and 112a, UCMJ, 10 U.S... |
6091387-24423 | Simpson, Judge:
The Commissioner determined the following deficiencies in the petitioners’ Federal income taxes:
Petitioner TYE Deficiency
John F. Tufts and Mary A. Tufts.12/31/72 $30,398.75
Clark, Inc. 7/31/73 12,729.68
William T. Steger and Ruth C. Steger.12/31/72 30,405.00
Robert C. Austin, Sr., and Birdie L. Austin... |
4204841-4990 | CAMPBELL, District Judge.
Late at night on the 7th-8th of February, 1940, the Steamtug “Wyomissing” was making up a tow at the rack for light boats at 96th Street, East River, New York City, Manhattan, and the Steamtug “Overbrook” was making up a tow at the same rack just beyond her, and in doing so was drilling boats ... |
10813995-10544 | Bennett, Judge,
delivered the opinion of the court:
This taking case, before the court on defendant’s motion for summary judgment, involves a long-standing problem which Congress addressed in legislation only 5 years ago, although its solution did not go far enough to rescue the present plaintiffs from their predicamen... |
1768321-11875 | OPINION
Per CURIAM.
On September 24, 1948, an indictment was returned against appellants, charging them with a conspiracy to raise, fix and maintain prices for the sale of milk, in violation of Section 1 of the Sherman Act, 26 Stat. 209, as amended, 15 U. S. C. A., Section 1, et seq. The facts alleged in the indictment... |
12034708-14764 | VAN GRAAFEILAND, Circuit Judge:
On August 1, 1986, the Inn at Saratoga Associates, a limited partnership, Monia Rynderman, its general partner, and seven of its limited partners sued Berkshire Bank & Trust Company in New York Supreme Court alleging that Berkshire reneged on a loan contract. Thereafter, Berkshire was ac... |
9076166-18711 | DECISION GRANTING DEFENDANT McPHERSON’S MOTION FOR PARTIAL SUMMARY JUDGMENT, DENYING PLAINTIFF’S MOTION TO EXCLUDE EVIDENCE AND OMNIBUS MOTION FOR PRECLUSION, AND DISMISSING COMPLAINT AS TO WEBER, ROGERS AND ALL JOHN DOE DEFENDANTS
McMAHON, District Judge.
This is an action commenced pursuant to 42 U.S.C. § 1983. Plain... |
6559974-20794 | OPINION
LAURENCE E. HOWARD, Bankruptcy Judge.
This action was commenced by Walter E. Heller & Company (“Heller”), the holder of a perfected security interest in the accounts receivable of the debtor, Fasa-no/Harriss Pie Company (“Fasano/Har-riss”) and Richard C. Remes, the duly appointed Chapter 7 trustee in this case,... |
1832065-5319 | BLAND, Associate Judge.
The application in this appeal relates to a process of reducing iron oxide materials to metallic iron, and involves the consideration of three claims, 2, 56 and 57, of which claim 2 is illustrative and reads as follows: “2. The process of reducing iron oxide materials to metallic iron without me... |
11193398-15682 | WILLIAMS, Circuit Judge.
Carlos E. Santiago and Carlos M. Santiago seek the return of funds forfeited to the government following family-member Josué Santiago’s conviction on charges of conspiracy to distribute cocaine. They contend that certain funds included in the district court’s forfeiture order belong to them and... |
11639930-12153 | KEARSE, Circuit Judge:
Defendant Jose Pimentel appeals from a judgment entered in the United States District Court for the Southern District of New York after a jury trial before Robert P. Patterson, Jr., Judge, convicting him of conspiracy to traffic in narcotics, in violation of 21 U.S.C. § 846 (1994); distribution o... |
10814800-12770 | Dureee, Senior Judge,
delivered the opinion of the court:
Plaintiff seeks to collect transportation charges upon which the General Accounting Office withheld payment in order to satisfy an alleged indebtedness from plaintiff to the Railroad Retirement Board.
In 1957 and 1958, plaintiff acquired control of the Chicago, ... |
12010451-15289 | ORDER ON MOTIONS FOR SUMMARY JUDGMENT
SWARTZ, United States Magistrate Judge.
THIS CAUSE is before the Court on the Defendants, CORRECTIONAL MEDICAL SERVICES, INC.’s (CMS), JEFF SCHULTZ’S (Schultz) and DON HUNTER’S (Sheriff Hunter) Motions for Summary Judgment. In these motions, the defendants raise the defense of qual... |
6626277-4491 | OPINION OF THE COURT
Duncan, Chief Judge:
A belated rescission of convening - orders leads to a jurisdictional problem in this case. The issue is whether the military judge who served at the trial was properly empowered to act as such in light of a change in orders.
The charges against thé accused were originally refer... |
5709275-6470 | BELLONI, District Judge.
This action is presently before the court on plaintiffs motion for preliminary injunction. Based upon exhibits in the record and testimony received at a hearing held on May 4, 1981, I make the following findings of fact and conclusions of law pursuant to Fed.R.Civ.P. 52.
The underlying facts wh... |
9499274-10684 | ORDER
RANDOLPH BAXTER, Bankruptcy Judge.
HPM Corporation (“HPM”) seeks Payment of an Administrative Claim (“Request”). The Chapter 11 Trustee, Mary Ann Rabin (“Trustee”) filed an Objection. The Court acquires core matter jurisdiction over the matter pursuant to 28 U.S.C. §§ 157(a) and (b), 28 U.S.C. § 1334, and General... |
1034963-7381 | J. JOSEPH SMITH, Circuit Judge:
Giuseppe Capotorto, a longshoreman, appeals the dismissal by the United States District Court for the Eastern District of New York, John R. Bartels, Judge, of his action for a judgment declaring invalid his purported release of Compañía Sud Americana de Vapores, Chilean Line, Inc. (the d... |
5889965-17248 | ORDER
(Motion to Dismiss or Motion for a More Definite Statement — dkt. no. 6)
MIRANDA M. DU, District Judge.
I. SUMMARY
Before the Court is Defendant Ramparts, Inc., d/b/a Luxor Hotel Casino’s (“LHC”) Motion to Dismiss or Motion for More Definite Statement. (Dkt. no. 6.) For the reasons stated below, the Motion to Dis... |
1690945-7888 | KILLITS, District Judge.
In May, 1919, a paper manufacturing company made to the appellee, the Equitable Trust Company of New York, as trustee, its mortgage and deed of trust, with an after-acquired property clause, securing the payment of certain first mortgage bonds. The instrument was duly filed, both as a real esta... |
1119497-9764 | SIMONS, Circuit Judge.
The questions involved in this appeal relate to the coverage and the constitutional validity of the Renegotiation Act of April 28, 1942, 56 Stat. 226, 245, as amended by the Revenue Act of 1943, the Act of February 25, 1944, 58 Stat. 21, 78, 50 U.S.C.A. Appendix, § 1191. The appeal is from a summ... |
439014-5790 | FOLEY, District Judge.
On December 31, 1956, James A. Ziarno, while acting within the scope of his government employment, and driving a Dodge truck owned by the United States of America, was involved in a collision with an automobile owned and operated by Edward T. Chamberlain. This common-type accident ordinarily foll... |
866731-7244 | BAZELON, Chief Judge:
The Federal Communications Commission refused to renew appellant’s license to operate WGMA, a standard radio broadcast station in Hollywood, Florida. Appellant’s only shareholders, Daniel En-right and Jack Barry, produced television quiz shows prior to 1960 in which some contestants were secretly ... |
3572807-8818 | MEMORANDUM AND ORDER
JACKSON, District Judge.
The 13 individual plaintiffs were indisputably employees of someone when they worked for varying periods between 1949 and 1964 under a contract for scholarly services between the Georgetown University and the Department of the Army, and they have brought suit here to set as... |
1234723-25877 | WILLIAM E. DOYLE, Circuit Judge.
The International Brotherhood of Electrical Workers, defendant-appellant herein, seeks reversal of a judgment of the United States District Court for the District of Wyoming, which was based on a jury verdict holding the Brotherhood liable for breach of duty to fairly represent plaintif... |
11710284-30313 | BRYSON, Circuit Judge.
Following a trial, the United States District Court for the Southern District of Texas issued an injunction prohibiting Additive Controls & Measurement Systems, Inc., (Ad-Con) from selling certain positive displacement flowmeters that were determined to infringe Flowdata’s United States Patent No... |
4206684-16874 | Opinion for the court filed by Circuit Judge MOORE. Circuit Judge GAJARSA concurs-in-part and dissents-in-part.
MOORE, Circuit Judge.
In this spent nuclear fuel (SNF) case, the United States appeals two narrow issues underlying the Court of Federal Claims’ award of damages to Dominion Nuclear Connecticut, Inc. (Dominio... |
4172983-23513 | MEMORANDUM DECISION
ROBERT D. MARTIN, Bankruptcy Judge.
This unusual case asks a bankruptcy court to determine whether an assault (possibly a sexual assault or rape) and a wrongful death (possibly a murder) were the willful and intentional acts of the debt- or, and, whether claims arising from the injuries are discharg... |
6134546-19603 | Opinion
Carman, Judge:
Plaintiff, Mitsubishi Heavy Industries (MHI), moves for judgment upon the agency record pursuant to Rule 56.1 of this Court. Plaintiff contests certain aspects of the Department of Commerce’s (Commerce) final results in Certain Internal-Combustion, Industrial Forklift Trucks from Japan, Final Res... |
1852464-9232 | JOHN R. GIBSON, Senior Circuit Judge.
Dwight Wharton-El appeals from denial of his petition for a habeas corpus writ under 28 U.S.C. § 2254 (1988). Wharton-El was convicted of robbing the Ponderosa Steakhouse in Dubuque, Iowa, and the nearby Burger King Restaurant within a three hour period. Wharton-El repeats the argu... |
5315383-15261 | MEMORANDUM
DOOLING, District Judge.
Plaintiff has sued for infringement-of its patent (Dangelmajer, U. S. Patent No. 2,643,983) on a composition of matter useful in compression molding of buttons and other articles in which a “mother-of-pearl” appearance of light reflected from depth (“integral sheen”) is-desired. It h... |
608460-11433 | HEALEY, District Judge.
This is an action for trade mark infringement with a prayer for an injunction and for damages as provided for by Section 96 of Title 15, United States Code Annotated.
This court has jurisdiction of this action under Section 97 of Title 15, United States Code Annotated.
Before trial the parties s... |
1088730-14152 | MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT STATE OF NEW YORK DEPARTMENT OF HEALTH’S MOTION TO DISMISS
PAUL G. HYMAN, Jr., Bankruptcy Judge.
THIS MATTER came before the Court on June 7, 2002 upon the State of New York Department of Health’s (the “Defendant”) Motion to Dismiss (the “Motion to Dismiss”). On August 1... |
10534549-4106 | WOLLMAN, Circuit Judge.
Edward G. Mackinaw appeals the district court’s affirmance of the Secretary of Health and Human Services’ denial of his applications for disability insurance benefits and supplemental security, income benefits. Specifically, Mackinaw objects to the Administrative Law Judge’s finding, without con... |
3144265-11135 | McGOHEY, District Judge.
The petitioner is serving two concurrent New York State sentences of fifteen to twenty years which were imposed, respectively, in January 1962 by Hon. Mitchell D. Schweitzer in the former Court of General Sessions, New York County, and in March 1962 by Hon. Hyman Barshay in the former County Co... |
11680624-20477 | MEMORANDUM OPINION AND ORDER DISMISSING PETITIONER’S AMENDED PETITION FOR WRIT OF HABEAS CORPUS WITH PREJUDICE
QUACKENBUSH, Senior District Judge.
BEFORE THE COURT is Petitioner Olaf Karr’s Amended Petition for Writ of Habeas Corpus, heard without oral argument on October 6, 1998. Petitioner/Defendant is proceeding pro... |
6122259-5648 | OPINION
EMIL F. GOLDHABER, Chief Judge:
The essence of this dispute is whether we should grant a creditor’s motion to dismiss a complaint filed by the trustee in which the trustee seeks an injunction barring that creditor from continuing with a state court suit, although it appears that we previously approved a settlem... |
3758898-4132 | ORDER
STAHL, District Judge.
In this action, plaintiff Neal Lerer pursues reimbursement for a sewer betterment assessment he became obliged to pay when he purchased real estate located in the town of Hudson, New Hampshire, on September 25, 1987. He argues that, under the terms of the Seller’s Affidavit and Indemnity Ag... |
9096795-19516 | RHESA HAWKINS BARKSDALE, Circuit Judge:
For this interlocutory appeal from in-junctive and other relief awarded parents of a child, pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., primarily at issue is whether, consistent with the IDEA, a school system has the right to sele... |
4195952-10664 | PER CURIAM:
Jesse Ausbin Brown appeals his 240-month sentence for possession of child pornography, in violation of 18 U.S.C. § 2252(a)(5)(B). On appeal, Mr. Brown contends that his sentence was procedurally and substantively unreasonable because the district court based the sentence, in part, on a finding that he had f... |
1246835-15913 | MARIS, Circuit Judge.
This case presents the question whether Section 12 of the Reasonable Rents Act of Puerto Rico- is valid in so far as it denies to the owner of a building used for business, commercial or industrial purposes the right to maintain an action, of unlawful detainer against his tenant in order to recove... |
11143986-9281 | MEMORANDUM OPINION AND ORDER
ALESIA, District Judge.
Before the court is Spiros Stamelos’s (“Dr.Stamelos”) motion to dismiss the third party complaint of Northwest Illinois Regional Commuter Railroad Corporation, d/b/a Metra (“Metra”). For the following reasons, the court grants Dr. Stamelos’s motion to dismiss.
I. BAC... |
11685645-28324 | MEMORANDUM OPINION
HEARTFIELD, District Judge.
Pending before the court are motions to dismiss and for summary judgment filed by plaintiffs and defendants. This memorandum opinion addresses the issues raised in all of the pending motions before the court, specifically: (1) the indemnity agreements between plaintiff and... |
4090530-27056 | MEMORANDUM OPINION AND ORDER ON PLAINTIFF-INTERVE-NOR’S MOTION FOR RECONSIDERATION AND PLAINTIFFS’ MOTION FOR MODIFICATION OF TERMS OF INJUNCTIVE RELIEF
[Documents 665 and 672]
ANTHONY W. ISHII, Chief Judge.
In its memorandum opinion and order filed January 16, 2007, the court enjoined the “State of California and/or a... |
3601871-15549 | MEMORANDUM
BONSAL, District Judge.
In his petition for a writ of habeas corpus as originally filed in the Northern District of New York, petitioner sought relief on the ground that he was the subject of a coerced confession prior to his plea of guilty of murder in the second degree. After his petition was denied in the... |
5728443-25817 | MEMORANDUM AND ORDER
HUYETT, District Judge.
This is a class action brought under Fed.R.Civ.P. 23(b)(3) to recover pension benefits under certain collective bargaining agreements. The parties have submitted a proposed settlement for Court approval pursuant to Fed.R.Civ.P. 23(e). In addition, class counsel have petition... |
11837755-21948 | KENDALL, District Judge:
Carol Burns appeals the district court’s decision granting summary judgment to the Harris County Bail Bond Board on Burns’s claims that the Board had violated her constitutional rights to due process and equal protection in its refusal to renew her licenses. We affirm the judgment of the distri... |
10538533-6730 | SPENCER, District Judge:
This is an appeal from the district court’s determination that appellant should be civilly committed pursuant to Title 18 U.S.C. § 4246(a). We agree and affirm.
I.
Craig 0. Copley, appellant, was indicted on August 24,1988 in the Northern District of New York on two counts of mailing threatenin... |
1658855-29491 | CAMPBELL, District Judge.
This is a suit in equity brought by the plaintiffs against the defendants to restrain the alleged infringement of patent No. 1,113,149, issued by the United States Patent Office to Edwin H. Armstrong, for wireless receiving system, October 6, 1914. The plaintiff Westinghouse Electric & Manufac... |
3997480-7481 | SUMMARY ORDER
Plaintiffs-appellants appeal from a judgment of the District Court granting the defendants-appellees’ motion to dismiss for lack of subject-matter jurisdiction and, alternatively, for judgment on the pleadings, pursuant to Rules 12(b)(1) and 12(c) of the Federal Rules of Civil Procedure. We assume the par... |
4322230-24615 | CLAY, Circuit Judge.
Defendant Debbie Sferrazza is a citizen of Great Britain and lawful permanent resident of the United States. In 2011, Sfer-razza pleaded guilty, pursuant to a plea agreement, to five counts of: (1) conspiracy to commit wire and mail fraud, in violation of 18 U.S.C. § 1849; (2) money laundering, in ... |
5709719-7713 | MEMORANDUM OPINION
JOE J. FISHER, District Judge.
The plaintiff, Johnson P. Curtis, filed this suit under Section 205(g) of the Social Security Act, 42 U.S.C. see. 405(g) (1976), seeking judicial review of a final decision of the Secretary of Health and Human Services denying his claim for disability benefits under the... |
11621287-21379 | BOGGS, J., delivered the opinion of the court. WELLFORD, J. (pp. 578-79), delivered a separate concurring opinion. MOORE, J. (pp. 579-81), delivered a separate dissenting opinion.
BOGGS, Circuit Judge.
Plaintiffs sought injunctive relief against the closing of county and state courts and offices on Good Friday. The dis... |
199950-20622 | EBEL, Circuit Judge.
While driving a rented Ryder truck on a rural road about 45 miles north of the Mexican border, defendant-appellant Felix Barron-Cabrera was stopped by Border Patrol Officer Robert Glenn Garcia. Officer Garcia found 21 illegal aliens in the truck, including Barron-Cabrera. Barron-Cabrera moved to su... |
6050863-29938 | MEMORANDUM OPINION AND ORDER
PHILIP PRATT, Chief Judge.
This is an action arising out of the alleged theft of trade secrets from the plaintiff by some of the defendants which were then sold to other of the defendants. The plaintiff filed a multiple-count complaint, charging violation of the Racketeer Influenced and Cor... |
678973-17172 | FOLTA, District Judge.
The first income tax statute for the Territory was enacted on January 22, 1949, as Ch. 3 of the Extraordinary Session of the Legislature convened on January 6, 1949. Because doubt was, entertained as to the validity of the composition of the Extraordinary Session, the Legislature which convened i... |
6496115-12093 | OPINION AND ORDER
R. GUY COLE, Jr., Bankruptcy Judge.
I. Preliminary Matters
This matter is before the Court upon a Motion to Show Cause Why Defendant Internal Revenue Service Should Not Be Held in Contempt of Court (“Motion”), filed by Lawrence L. and Carol J. Nichols (“Debtors”), the debtors in this Chapter 7 proceed... |
10527725-18197 | OPINION OF THE COURT
SCIRICA, Circuit Judge.
This case is before us on remand from the United States Supreme Court for fur ther consideration in light of Mathews v. United States, 485 U.S. 58, 108 S.Ct. 883, 99 L.Ed.2d 54 (1988). We will affirm Mari-no’s conviction because (1) given the evidence of entrapment Marino pr... |
3907566-17702 | CALEB M. WRIGHT, Senior District Judge.
In July of 1986, plaintiffs Flying Tiger Line, Inc., Tiger International, Inc. and Warren Transport (collectively “Tiger”), brought this action seeking declaratory and injunctive relief against the defendant pension funds (“Funds”). The action contained three counts. The first co... |
3763282-3510 | PER CURIAM:
Plaintiff-Appellant Joseph Johnson, Jr., appeals from the dismissal of one of his many lawsuits seeking to avoid repaying his student loans. Defendants-Appellees are entities involved in processing such loans, including Johnson’s. The district court granted Defendants’ motion to dismiss pursuant to Rule 12(... |
4089985-8923 | PER CURIAM:
Juan Paez-Vega appeals his total 120-month sentence, imposed as an upward variance from the advisory guideline range of 68 to 78 months, after being convicted by a jury of conspiracy to assist an alien with an aggravated felony to unlawfully enter the country, in violation of 8 U.S.C. § 1324(a)(1)(A)(iv), (... |
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