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Summary: 142 F. Supp. 2d 1231 (2001) KOOTENAI TRIBE OF IDAHO, Boise County, Idaho, by and through the Boise County Board of Commissioners; Valley County, Idaho by and through the Valley County Board of Commissioners; Idaho State Snowmobile Association; Illinois Association of Snowmobile Clubs; American Council of Snowmobile Association; Little Cattle Company Limited Partnership; Highland Livestock and Land Company; and Boise Cascade Corporation, Plaintiffs, v. Ann VENEMAN, in her official capacity as the......read more.


Summary: 900 F. Supp. 1349 (1995) IDAHO FARM BUREAU FEDERATION, a non-profit corporation, and American Farm Bureau Federation, a non-profit corporation, Plaintiffs, v. Bruce BABBITT, Secretary of Interior; John F. Turner, Director, U.S. Fish & Wildlife Service; Robert N. Smith, as Acting Director of U.S. Fish & Wildlife Service; Charles Lobdell, Director, Boise Field Office, U.S. Fish & Wildlife Service; U.S. Fish & Wildlife Service; and United States of America, Defendants, and Idaho Conservation League......read more.


Summary: 923 F. Supp. On July 7, 1995, United States Magistrate Judge Larry M. Boyle issued a Report and Recommendation, recommending that the motion to dismiss filed by the defendant Internal Revenue Service ("IRS") be granted on the ground that the court lacked subject matter jurisdiction over the plaintiff's cause of action. E.J. Friedman Co., Inc. v. United States, 6 F.3d 1355, 1357 (9th Cir.1993); Arford v. United States, 934 F.2d 229, 231 (9th Cir.1991). See E.J. Friedman Co., Inc., 6 F.3d at 1357;......read more.


Summary: 612 F. Supp. Because the court determines that the members of LUA cannot bring suit in their individual capacity under the laws of the State of Idaho, the class action device afforded by Rule 23.2, as a procedure allowing the members to bring suit in their individual capacity, is not available. Second, defendants argue the legislature's use of the word "shall" in Section 41-2905 effectively excludes suit by or against an unincorporated association through means other than as an entity, i.e., an ......read more.


Summary: 797 F. Supp. 2d 1029 (2011) Wanda COLLIER, Plaintiff, v. TURNER INDUSTRIES GROUP, L.L.C., a Louisiana limited liability company; David Eastridge; Nu-West Industries, Inc., a Delaware corporation, d/b/a Agrium Conda Phosphate Industries, and Jack Daniell, an individual, Defendants. David P. Gardner, Moffatt Thomas Barrett Rock and Fields Chtd., Pocatello, ID, Jennifer L. Englander, Sidney F. Lewis, Tracy E. Kern, Jones Walker Waechter Poitevent Carrere & Denegre, LLP, New Orleans, LA, Benjamin An......read more.


Summary: 706 F. Supp. Pending before the Court are Plaintiff Quality Resource & Services's (QRS) Motion for Summary Judgment (Docket No. 41) and Defendant Idaho Power Company's (IPC) Cross-Motion for Summary Judgment (Docket No. 42). Memorandum in Support of Plaintiff's Motion for Summary Judgment, p. 3 (Docket No. 41-2). Memorandum in Support of Plaintiff's Motion for Summary Judgment, p. 4 (Docket No. 41-2). Affidavit of Counsel in Support of Idaho Power Company's Motion for Summary Judgment, Exh. B at......read more.


Summary: 1 F. Supp. The tax is imposed by chapter 172 of Laws 1923 of Idaho as amended, which requires each dealer engaged "in the sale of motor fuels" to pay the tax on all motor fuels sold and/or used by such dealer, and provides: "That in addition to the taxes now provided for by law, each and every dealer * * * who is now engaged or who may hereafter engage * * * in this State, in the sale of motor fuels * * * shall * * * render a statement to the Commissioner of Law Enforcement of the State of Idaho......read more.


Summary: 432 F. Supp. On May 12, 1976, after five years of "highly satisfactory" service as such an appraiser while an Idaho Legislator, plaintiff was denied further assignments by the Regional Director of the VA for the reason that there was a "possibility of conflict of interest" because of plaintiff's position as an Idaho Legislator. It is agreed that the Regional Director acted, at the time he suspended plaintiff, pursuant to Circular 25-66-6 which provides in ¶ 6(a)(2) as follows: "... Also, a desig......read more.


Summary: 647 F. Supp. The FIDELITY AND CASUALTY COMPANY OF NEW YORK; Pacific Insurance Company; Continental Re-Insurance Corporation; First State Insurance Company; Northwestern National Insurance Company, Northwestern National Casualty Company; Admiral Insurance Company; The Insurance Company of the State of Pennsylvania; and Pacific Indemnity Company (Chubb), Third-Party Defendants. CONTINENTAL RE-INSURANCE CORPORATION, a California corporation; Pacific Insurance Company, a California corporation; and ......read more.


Summary: 393 F. Supp. See generally Winter v. California Medical Review, Inc., 900 F.2d 1322 (9th Cir.1989) (explaining that request for injunctive relief is not ripe for federal court review until plaintiff has exhausted administrative remedies). In response, the Plaintiffs filed a Motion to Remand, agreeing that any federal question under the WIA was not ripe for review by the federal courts, but contending that the injunctive relief Plaintiffs' sought under the Verified Complaint was not based on a fe......read more.


Summary: 573 F. Supp. 1368 (1983) Gordon E. HOPPER, Plaintiff, v. David HAYES, individually and in his capacity as a police officer of Orofino, Idaho, and Nancy L. Hayes, his wife; James Pishl, individually and in his official capacity as Chief of Police of Orofino, Idaho, John Doe(s) 1 through 10, in their official capacities as police officers of Orofino, Idaho, and/or Clearwater County, Idaho; The City of Orofino, Idaho; Henry Clay, in his former official capacity as Mayor of Orofino, Idaho; Douglas C......read more.


Summary: 395 F. Supp. *960 NuWest cited F. Buddie Contracting, Inc. v. Seawright, 595 F. Supp. Recalling that the decision to apply the per se rule turns on "whether the practice facially appears to be one that would always or almost always tend to restrict competition and decrease output," Paladin, 328 F.3d at 1154, the bid manipulation involved here would not meet that test, at least as to AMEC's sharing of bid pricing information.


Summary: 181 F. Supp. Cf. Chandler v. Commissioner of Internal Revenue, 1 Cir., 226 F.2d 467; Emmert v. United States, D.C., 146 F. Supp. It is stated in Commissioner of Internal Revenue v. Peurifoy, 4 Cir., 254 F.2d 483, at page 486: "When a taxpayer accepts employment at a place removed from the *572 residence he maintains for his family his travel and maintenance expense is not usually deductible under § 23(a) (1) (A). Cf. Chandler v. Commissioner of Internal Revenue, supra; Sherman v. Commissioner of......read more.


Summary: 801 F. Supp. I. INTRODUCTION This non-jury, negligence action was brought by the plaintiff, Christopher L. Phillips, who suffered permanent injuries on June 6, 1985, when the tanker truck he was driving went off Boise National Forest Road 10384, commonly known as "Little Owl Road," near Lowman, Idaho. On May 15, 1989, the plaintiff filed suit against the United States, specifically the United States Forest Service (hereinafter "Forest Service"), and its agents and employees. The plaintiff allege......read more.


Summary: 662 F. Supp. Marcia M. Meade, Dawson & Meade, P.S., Spokane, Wash., William F. Sims, Sims, Liesche & Newell, P.A., Coeur d'Alene, Idaho, Albert Morrow, Miracle, Purzan & Morrow, Seattle, Wash., for defendant Hospital. Defendant St. Mary's Hospital (Hospital) asserts that plaintiffs' complaint fails to state a claim against the Hospital, requests a more definitive statement regarding the allegations of paragraph 3.3 of the complaint, seeks to have the second cause of action asserted as a breach o......read more.


Summary: 647 F. Supp. 916 (1986) OLD STONE CAPITAL CORPORATION, a Washington corporation, Plaintiff, v. JOHN HOENE IMPLEMENT CORPORATION, a defunct Idaho corporation; J.D. Lauer, as the Last Director and Statutory Trustee of John Hoene Implement Corporation, a defunct Idaho corporation; Ted F. Hilbert (also known as Ted Hilbert) and Parilee A. Hilbert, husband and wife; Robert W. Kinzer and Carol A. Kinzer, husband and wife; Philomena C. Davis (formerly known as Philomena C. Hoene), a married woman; Inla......read more.


Summary: 350 F. Supp. No appeal was taken from this Court's order and decision of January 10, 1971, D.C., 329 F. Supp. Petitioner's only contacts with the military have been in Idaho and this is sufficient under Arlen v. Laird, 451 F.2d 684 (CA2d, 1971), and Strait v. Laird, supra, to give General Larsen, Sixth Army Commander, "presence" in Idaho so as to sustain jurisdiction.




Summary: 373 F. Supp. INTRODUCTION The Court has before it a motion to dismiss filed by defendants Jeff Foss, the Director of the Snake River Office of the United States Fish and Wildlife Service (FWS) and the FWS (hereinafter referred to collectively as the FWS). California Save Our Streams Council Inc., v. Yeutter, 887 F.2d 908, 911 (9th Cir.1989) (hereinafter referred to as SOS). For Biological Diversity v. FERC, 967 F. Supp.


Summary: 690 F. Supp. Leslie v. Grupo ICA, 198 F.3d 1152, 1159 (9th Cir.1999). McLaughlin v. Liu, 849 F.2d 1205, 1208 (9th Cir.1988). Devereaux v. Abbey, 263 F.3d 1070, 1076 (9th Cir. Fairbank v. Wunderman Cato Johnson, 212 F.3d 528, 532 (9th Cir.2000). Dist., 237 F.3d 1026, 1029 (9th Cir.2001) (quoting Forsberg v. Pac. Co., 840 F.2d 1409, 1418 (9th Cir.1988)). Southern California Gas Co. v. City of Santa Ana, 336 F.3d 885, 889 (9th Cir.2003). Dealers, 64 F.3d 1389, 1396 n. 3 (9th Cir.1995). United State......read more.