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Summary: 264 F. Supp. This distinction was made in United States v. Mraz, 255 F.2d 115 (10th Cir. 1958); and in Myers v. United States, 219 F. Supp. See, e. g., Sample v. United States, 178 F. Supp. 1951); and Bissell v. McElligott, 248 F. Supp. In Myers v. United States, 219 F. Supp. In a later case, Bissell v. McElligott, 248 F. Supp.


Summary: 81 F. Supp. The plaintiff, a labor organization within the definition of the Labor Management Relations Act of 1947, known as the Taft-Hartley Act, 29 U.S.C.A. § 141 et seq., represents employees of the defendant telephone company in Colorado, New Mexico, El Paso, Texas, Utah, Arizona and Idaho. It is further alleged that the plaintiff has not given notice of its desire to terminate either of said contracts, and that plaintiff has received no notice from the defendant of the latter's desire or i......read more.


Summary: 759 F. Supp. The court will address the motions as they concern Plaintiff's 42 U.S.C. § 1983 claims against County Defendants El Paso County, Sheriff Bernard Barry, Deputy Sheriffs David E. Smith and William Mistretta and against City Defendants City of Colorado Springs, Chief of Police James Munger, and Police Officers Sue Duffy and Phil Dancy. Justice White in Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-49, 106 S. Ct. 2505, 2509-10, 91 L. Ed. 2d 396 (1982); Rozek v. Topolnicki, 865 F.2d......read more.


Summary: 675 F. Supp. The question is whether the proposed rule concerning Medicaid is consistent with this court's order and the mandate from the Tenth Circuit Court of Appeals, based on the opinion in Estate of Smith v. Heckler, 747 F.2d 583 (10th Cir. In the Memorandum Opinion and Order of March 24, 1987, Estate of Smith v. Bowen, 656 F. Supp. The Secretary makes much of the opinion of the Court of Appeals for the District of Columbia Circuit in American Hospital Association v. Bowen, 834 F.2d 1037 (D......read more.


Summary: 35 F. Supp. 2d 1260 (1999) Shayne PADILLA, through her legal guardian and next friends, Mariano PADILLA and Michelle Padilla, Plaintiff, v. SCHOOL DISTRICT NO. 1 IN THE CITY AND COUNTY OF DENVER, COLORADO; Denver School District Board of Education; Patrice Hall, Cynthia Rose, Maria Diaz, Jean Boggs, and Jeannie Hayes, individually and in their official capacities as employees of School District No. 1 in the City and County of Denver, Colorado, Defendants. The Court, being fully advised of the pr......read more.


Summary: 840 F. Supp. Following the Court's preliminary approval of the settlement on August 5, 1993, and notice to all Class Members, the parties' request for an order finally approving the settlement came before the Court on November 23, 1993. Class shall mean: All dissolved, liquidated or inactive cooperatives, who (A) are at one time active members of Farmland Industries, Inc. ("Farmland") and either (B) currently hold a vested interest in Farmland's unpaid profits represented by book entries called ......read more.


Summary: 677 F. Supp. THIS CASE comes before the court on petitioner Jim Floyd's ("Floyd") motion for return of property pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure, filed September 18, 1987. Roberts v. United States, 656 F. Supp. Camacho v. United States, 645 F. Supp. See also United States v. Martinson, 809 F.2d 1364, 1369 (9th Cir.1987) (district court has jurisdiction to entertain a pre-indictment motion for return of property); Roberts v. United States, 656 F. Supp. 929 (S.D.N.......read more.




Published Opinion | Federal District, Federal, | District Court D Colorado | cited by: 2 Primary Sources | citing: 30
Summary: 859 F. Supp. 444 (1994) BROADVIEW FINANCIAL, INC., a California corporation, Plaintiff, v. ENTECH MANAGEMENT SERVICES CORP., a New York Corporation, Cosimo S. Polino, Jr., Rolls, Tracy, Davis, Scott, Gioia & Schop, and Vincent S. Tracy, Jr., Defendants. Before me are the following motions: 1) Defendants Rolls, Tracy, Davis, Scott, Gioia & Schop (the Law Firm), Vincent S. Tracy, Jr. (Vincent), Entech Management Services, Corp. (Entech), and Cosimo S. Polino, Jr. (Polino) (collectively the defenda......read more.


Summary: 85 B.R. 570 (1988) Maurice PRICE, Jr., Plaintiff, v. James Berry CRADDOCK, Defendant. Subsequently, Plaintiff Maurice Price commenced an adversary proceeding against Craddock arising out of a dispute between Price and Craddock concerning their common ownership of Price Distributing Company ("PDC"), a Texas corporation. Specifically, he contends that: (1) his damage claims raise issues under § 502(b) concerning the amount of allowance of such claims ("Price's request that Craddock be compelled to......read more.


Summary: 828 F. Supp. 56(c); Redmon v. United States, 934 F.2d 1151, 1155 (10th Cir.1991); Devery Implement Company v. J.I Case Company, 944 F.2d 724, 726 (10th Cir.1991); Ash Creek Mining Co. v. Lujan, 934 F.2d 240, 242 (10th Cir.1991); Continental Casualty Co. v. P.D.C., Inc., 931 F.2d 1429, 1430 (10th Cir. Donovan v. Gingerbread House, Inc., 536 F. Supp. In support of her claim that the state laws upon which this suit is brought do not "relate to" an employee benefit plan, Plaintiff cites Greenblatt v......read more.


Summary: 515 F. Supp. This is an action to prevent further violations of Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933, as amended [15 U.S.C. § 77e(a), 77e(c), and 77q(a)], Section 10(b) of the Securities Exchange Act of 1934, as amended [15 U.S.C. § 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. § 240.10b-5] by defendants International Mining Exchange, Inc., Mansion Properties Corp., Mansion Properties Management Corp., Trenton H. Parker & Associates, Inc., and Trenton H. Parker......read more.


Summary: 838 F. Supp. For the reasons set forth below, I will grant Surety's motion as to *499 plaintiff's claims for violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., and defamation. Plaintiff asserts four claims for relief against Surety based on the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., one claim based on the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., and claims for defamation and outrageous conduct. Celotex, 477 U.S. at 323,......read more.


Published Opinion | Federal District, Federal, | District Court D Colorado | cited by: 2 Primary Sources | citing: 31
Summary: 598 F. Supp. 1400 (1984) COLORADO HEALTH CARE ASSOCIATION; Geriatrics, Inc.; Miller Nursing Home, Inc., d/b/a Fairview Care Center; Springs Village, Inc., d/b/a Springs Village Recovery Center; W II, Inc., d/b/a St. Paul Health Center; W III, Inc., d/b/a Glen Ayr Health Center; North Shore Manor, Inc.; and Evergreen Care Center, Ltd., Plaintiffs, v. COLORADO DEPARTMENT OF SOCIAL SERVICES; George S. Goldstein, in his official capacity as Acting Executive Director of the Department of Social Servi......read more.


Summary: 973 F. Supp. Plaintiff, Carol Ward, has filed suit against the United States Internal Revenue Department, asserting that the IRS and its employees and agents made unauthorized disclosures of her "return information" in violation of 26 U.S.C. § 6103(a) and seeks damages pursuant to 26 U.S.C. § 7431. Plaintiff alleges *998 five instances of unauthorized disclosure of "return information" by Defendant: (1) verbal disclosures by IRS employees to Plaintiff's customers and to Citadel Mall management; ......read more.


Summary: 992 F. Supp. 1235 (1998) Frank VELARDE and Lydia Velarde, Plaintiffs, v. UNITED STATES of America, Department of Agriculture, Farmers Home Administration, Defendants. Defendant is the United States of America, acting through the Farm Service Agency, formerly known as the Farmers Home Loan Administration ("FmHA"). In 1984, plaintiffs resisted defendant's effort to evict them from the Ranch and, instead, applied to defendant for a loan to finance a repurchase the ranch in January 1985. United Stat......read more.


Summary: 141 F. Supp. 2d 1277 (2001) GUARDIAN TITLE AGENCY, LLC, a Colorado limited liability company, Plaintiff, v. MATRIX CAPITAL BANK, a New Mexico corporation, Defendant. THIS MATTER is before the Court on Defendant's Motion to Dismiss filed October 6, 2000, and Plaintiff's Motion for Leave to File an Amended Complaint pursuant to Fed.R.Civ.P. Plaintiff states five claims for relief: (1) Replevin of Promissory Note Pursuant to C.R.C.P. 104 and C.R.S. § 4-3-306; (2) Equitable Decree for Reformation of......read more.


Summary: 767 F. Supp. Hearing was held June 13, 1991, on defendants the Procter & Gamble Company, Procter & Gamble Distributing Company and Procter & Gamble Paper Products Company's (P & G) motions for (1) summary judgment on plaintiff McNeil-PPC, Inc.'s (McNeil-PPC) complaint alleging patent infringement and (2) leave to file a request for reexamination of the patent in suit in the Patent and Trademark Office (PTO). McNeil-PPC, Inc. v. Procter & Gamble Co., 759 F. Supp. A. Invalidity Because Bradstreet ......read more.


Summary: 139 B.R. 733 (1992) In re Catherine Elizabeth TYLER, Debtor. Alvin L. KEEVER, Plaintiff/Appellant, v. Catherine Elizabeth TYLER, Defendant/Appellee. I. Facts On May 16, 1980 Catherine Tyler ("debtor") filed a chapter 7 bankruptcy petition, case number 80B1953M. The complaint alleged exemption pursuant to 11 U.S.C. § 523(a)(10), which excepts from discharge any debt which "was or could have been listed or scheduled by the debtor in a prior case concerning the debtor under this title or under the ......read more.


Summary: 45 F. Supp. On June 9, 1998, the United States of America ("the government") filed an Information charging defendant, Moon Lake Electric Association, Inc. ("Moon Lake"), with seven violations of the Bald and Golden Eagle Protection Act ("the BGEPA"), 16 U.S.C. § 668 (1997), and six violations of the Migratory Bird Treaty Act ("the MBTA"), 16 U.S.C. §§ 703 & 707(a) (1997) (collectively, "the Acts"). 2d 240 (1962); United States v. Walker, 947 F.2d 1439, 1441 (10th Cir. 2d 136 (1962); United State......read more.