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Citation: 426 F. Supp. 2d 1203 | Docket No.: 04-4233-WEB
Status: Published | Citing: 20
Summary: 426 F. Supp. Thiessen v. Gen. Elec. Capital Corp., 267 F.3d 1095, 1108 (10th Cir.2001). Adler v. Wal-Mart Stores, 144 F.3d 664, 670 (10th Cir.1998). "Adler, 144 F.3d at 671 (internal citations and quotations omitted). The Price Index shall mean the highest of the three-month arithmetical average, rounded to the nearest cent, of either (a) those index prices published monthly by Inside FERC Gas Marketing for Panhandle Eastern Pipeline Company and Williams Natural Gas Company for the Kansas Region......read more.


Citation: 109 F. Supp. 2d 1299 | Docket No.: 99-2335-JWL
Status: Published | Citing: 27
Summary: 109 F. Supp. Benjamin F. Mann, Kathryn B. Bussing, Blackwell Sanders Peper Martin LLP, Kansas City, MO, for Defendant. On that same day, defendant's agent presented him with a written contract which purportedly set forth the terms of the parties' oral agreement. Alleging that he was induced to sign the contract by defendant's fraud, in Count I of his complaint plaintiff asks the court to reform the contract to comport with the parties' true agreement. See Adler v. Wal-Mart Stores, Inc., 144 F.3d......read more.


Citation: 199 F. Supp. 2d 1128 | Docket No.: CIV.A. 01-2135-KHV
Status: Published | Citing: 29
Summary: 199 F. Supp. 2d 1128 (2002) Janice E. STEVENS, Plaintiff, v. DELUXE FINANCIAL SERVICES, INC., Defendant. # 47) filed January 15, 2002 and Plaintiff's Motion For Leave To File A Supplemental Memorandum In Opposition To Defendant's Motion For Summary Judgment (Doc. See Metzger v. City of Leawood, 144 F. Supp. See Beaird v. Seagate Tech., Inc., 145 F.3d 1159, 1164 (10th Cir.1998) (court may either permit surreply or refrain from relying on new material in reply brief). Consistent with Deluxe's RIF ......read more.


Citation: 729 F. Supp. 1298 | Docket No.: 87-1187-C
Status: Published | Citing: 27
Summary: 729 F. Supp. Windon Third Oil and Gas v. Federal Deposit Ins., 805 F.2d 342, 345 (10th Cir. Windon, 805 F.2d at 345 (quoting Fed.R.Civ.P. Windon, 805 F.2d at 345 n. 7. Dayton Hudson Corp. v. Macerich Real Estate Co., 812 F.2d 1319, 1323 (10th Cir.1987). See Stone v. University of Maryland Medical System, 855 F.2d 167, 173 (4th Cir.1988); see generally Bailey v. Kirk, 777 F.2d 567, 580 n. 17 (10th Cir. Conaway, 853 F.2d at 794 (quoting Miller v. City of Mission, Kan., 705 F.2d 368 (10th Cir.1983)......read more.


Citation: 212 F. Supp. 2d 1264 | Docket No.: Case No. 01-2190-JWL
Status: Published | Citing: 45
Summary: 212 F. Supp. Trust Co. of Kansas v. Abbott Laboratories, Inc., 259 F.3d 1226, 1231-32 (10th Cir.2001) (citing Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 670 (10th Cir.1998)). Spaulding, 279 F.3d at 904 (citing Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S. Ct. 2548, 91 L. Ed. Co., 233 F.3d 1242, 1246 (10th Cir.2000) (citing Adler, 144 F.3d at 671). Anderson, 477 U.S. at 256, 106 S. Ct. 2505; accord Eck v. Parke, Davis & Co., 256 F.3d 1013, 1017 (10th Cir.2001). Mitchell v. City of Moo......read more.


Citation: 804 F. Supp. 185 | Docket No.: 91-3368-S
Status: Published | Citing: 7
Summary: 804 F. Supp. 185 (1992) George B. BRODOCK, Plaintiff, v. KANSAS PAROLE BOARD, et al., Defendants. Discussion In this action, plaintiff asserts his due process rights were violated during parole revocation proceedings and further claims he was subjected to cruel and unusual punishment and false imprisonment by the actions taken by parole officials. 2d 476 (1985); Garcia v. University of Kansas, 702 F.2d 849 (10th Cir.1983).


Citation: 55 F. Supp. 2d 1290 | Docket No.: 95-1258-DES
Status: Published | Citing: 6
Summary: 55 F. Supp. 2d 1290 (1999) TURNER & BOISSEAU, CHARTERED, Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant. Nationwide bases its motion on the claim that the evidence presented at trial does not support the jury verdict and that plaintiff's counsel acted improperly. Nationwide also claims that Turner & Boisseau's lead trial counsel, William Hensley, intentionally displayed an exhibit to the jury which the court had earlier excluded from the trial. See Roebuck v. Drexel Univ., 852 F.2d......read more.


Citation: 169 B.R. 201 | Docket No.: Civ. A. No. 94-1004-MLB
Status: Published | Citing: 10
Summary: 169 B.R. 201 (1994) In re Gary and Roxanne BEACH, Debtors. *202 Victor S. Nelson, Morrison & Hecker, Wichita, KS, for Gary and Roxanne Beach. Debtor Gary Beach owns a 25% undivided interest in 6880 acres of ranch land (Bar-O-Bar Ranch) located in Finney County, Kansas. Gary Beach's mother and sister are the other cotenants of the Bar-O-Bar Ranch. *203 Gary Beach, his mother and sister are the comakers of two notes held by the Small Business Administration (SBA) and secured by two mortgages on th......read more.


Citation: 911 F. Supp. 477 | Docket No.: 94-4113-SAC
Status: Published | Citing: 19
Summary: 911 F. Supp. [2] This case comes before the court upon Safelite's motion for summary judgment on Cease's claim based upon its alleged violation of K.S.A. 50-149. Burnette v. Dow Chemical Co., 849 F.2d 1269, 1273 (10th Cir.1988). Bacchus Industries, Inc. v. Arvin Industries, Inc., 939 F.2d 887, 891 (10th Cir.1991); see Martin v. Nannie and the Newborns, Inc., 3 F.3d 1410, 1414 (10th Cir.1993) ("If the moving party meets this burden, the non-moving party then has the burden to come forward with sp......read more.


Citation: 899 F. Supp. 530 | Docket No.: Civ. A. 95-2380-GTV
Status: Published | Citing: 29
Summary: 899 F. Supp. Resolution Trust Corp. v. Cruce, 972 F.2d 1195, 1198 (10th Cir.1992) (quoting Tri-State Generation & Transmission Ass'n, Inc. v. Shoshone River Power, Inc., 805 F.2d 351, 355 (10th Cir.1986)); see Kansas Hosp. Ass'n v. Whiteman, 835 F. Supp. No. 5, Chatham, 429 F. Supp. In Pike v. Gallagher, 829 F. Supp. Dist., 779 F.2d 260, 264 (5th Cir.1985) (citation omitted); see Petrey v. Flaugher, 505 F. Supp. Dist., 843 F. Supp. Bd., 801 F. Supp. 585, 595 (S.D.Ala.1992) ("state action infring......read more.


Citation: 905 F. Supp. 1471 | Docket No.: 94-4046
Status: Published | Citing: 48
Summary: 905 F. Supp. The plaintiff, Hong Van Nguyen ("Nguyen"), is a former employee of IBP, Inc. ("IBP") and brings this suit alleging he was discharged in retaliation for reporting a work-related injury, in violation of Title I of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101-12117, and in breach of an implied employment contract. Burnette v. Dow Chemical Co., 849 F.2d 1269, 1273 (10th Cir.1988). Thomas v. Wichita Coca-Cola Bottling Co., 968 F.2d 1022, 1024 (10th Cir.)Martin v. Nanni......read more.


Citation: 149 B.R. 183 | Docket No.: Civ. A. No. 91-1408-MLB
Status: Published | Citing: 22
Summary: 149 B.R. 183 (1992) In re Jerry Allen FOLGER, Jr. and Shelly Lynn Folger, Debtors. Stan R. Singelton, Derby, KS, Mark G. Ayesh, Wichita, KS, for Jerry Allen Folger, Shelly Lynn Folger. Debtors claim that three times each week, the father of debtor Jerry Folger retrieved mail delivered to the Wichita address and forwarded it to debtors. The bankruptcy court mailed a copy of the order to debtors' Wichita address, and this mailing was not returned. FINDINGS AND CONCLUSIONS OF BANKRUPTCY COURT The b......read more.


Citation: 103 B.R. 250 | Docket No.: 88-1487-C
Status: Published | Citing: 17
Summary: 103 B.R. 250 (1989) In re James Kent RITTENHOUSE d/b/a J & K Rittenhouse. The bankruptcy court therein granted the motion of debtor, James Kent Rittenhouse, and avoided a lien on his homestead held by his former spouse, Nancy Carol Rittenhouse. Mrs. Rittenhouse appeals the decision arguing the bankruptcy court erred in holding that Maus v. Maus, 837 F.2d 935 (10th Cir.1988) was strictly controlling and, therefore, she had an avoidable judicial lien under 11 U.S.C. § 522(f)(1). As husband and wif......read more.


Citation: 83 F. Supp. 940 | Docket No.: 1140, 1223
Status: Published | Citing: 13
Summary: 83 F. Supp. The record of trial before the court-martial shows that these petitioners and an additional defendant, viz., Private Richard Dickerson, were tried jointly by a court-martial in Manila, P.I., on a charge of violation of the 94th Article of War, 10 U.S.C.A. § 1566, the specification being that they "acting jointly and in pursuance of a common intent, did, at A. P. O. 353, on or about 14 December 1945, agree and conspire with Private First Class Henry F. Rhinefield, Junior, to obtain th......read more.


Citation: 512 F. Supp. 576 | Docket No.: Civ. A. No. 78-1374
Status: Published | Citing: 11
Summary: 512 F. Supp. In Love v. Mayor of Cheyenne, 620 F.2d 235, 236 (10th Cir. *578 Chicano Police Officer's Assoc. v. Stover, 624 F.2d 127, 131 (10th Cir. 1980); Gunther v. Iowa State Men's Reformatory, 466 F. Supp. Cole v. Tuttle, 462 F. Supp. Consumers Union of United States, Inc. v. *579 American Bar Ass'n, 505 F. Supp. After an examination of the foregoing factors, and cognizant that the "fees set under section 1988 must be in line with those fees traditionally received from a fee-paying client," ......read more.


Citation: 367 F. Supp. 102 | Docket No.: Civ. A. No. W-5084
Status: Published | Citing: 10
Summary: 367 F. Supp. With respect to the assertion that neither defendant acted under color of state law, this Court, in Stanford v. Gas Service Company, 346 F. Supp. 1972); Bronson v. Consolidated Edison Co., 350 F. Supp. 443 (S.D.N.Y.1972), and Palmer v. Columbia Gas Co., 342 F. Supp.


Citation: 641 F. Supp. 1429 | Docket No.: 85-1929-K
Status: Published | Citing: 15
Summary: 641 F. Supp. *1430 MEMORANDUM AND ORDER PATRICK F. KELLY, District Judge. Plaintiff Donald R. Menne brought this action against defendants Celotex, Eagle-Picher Industries, Fibreboard, Keene Corporation, Owens-Illinois, Inc., and Raymark, Inc. to recover damages sustained as a consequence of certain personal injuries suffered from excessive exposure to asbestos dust and fibers, inhaled at his work place. He claimed each of the defendant manufacturers supplied asbestos-related products to the wor......read more.


Citation: 887 F. Supp. 251 | Docket No.: 94-2220-KHV
Status: Published | Citing: 8
Summary: 887 F. Supp. This product liability action comes before the Court on the Motion for Summary Judgment of the Positive Safety Manufacturing Company (Doc. Defendant Positive Safety Manufacturing Company ("Positive Safety") claims that it is entitled to summary judgment because plaintiff Kathy D. Grider cannot overcome the ten-year useful safe life presumption imposed by the Kansas Product Liability Act ("KPLA") statute of repose, K.S.A. § 60-3303(b)(1). Applied Genetics Int'l, Inc. v. First Affilia......read more.


Citation: 505 F. Supp. 2d 838 | Docket No.: Case Nos. 03-40011-01, 06-4143-RDR
Status: Published | Citing: 56
Summary: 505 F. Supp. STANDARDS GOVERNING § 2255 MOTIONS In U.S. v. Chandler, 291 F. Supp. 28 U.S.C. § 2255; United States v. Galloway, 56 F.3d 1239, 1240 n. 1 (10th Cir.1995). See Hatch v. Oklahoma, 58 F.3d 1447, 1471 (10th Cir. 2d 816 (1982); United States v. Allen, 16 F.3d 377, 378 (10th Cir.1994). U.S. v. Harms, 371 F.3d 1208, 1211 (10th Cir.2004). Hatch, 58 F.3d at 1459 (quoting United States v. Ortiz Oliveras, 717 F.2d 1, 4 (1st Cir. U.S. v. Pedroza, 269 F.3d 821, 830-31 (7th Cir.2001); U.S. v. Bas......read more.


Citation: 974 F. Supp. 1361 | Docket No.: Civil Action No. 96-1290-WEB
Status: Published | Citing: 15
Summary: 974 F. Supp. See Williams v. Bowen, 844 F.2d 748, 750-752 (10th Cir.1988). In this appeal, plaintiff contends that the decision of the ALJ and Secretary that plaintiff was capable of performing light and sedentary work is contrary to the evidence and based upon an incomplete hypothetical presented *1363 to the vocational expert witness which did not include the element of disabling pain. Saleem v. Chater, 86 F.3d 176-178 (10th Cir.1996); and see Andrade v. Secretary of Health & Human Servs., 985......read more.