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Summary: 825 F. Supp. 944 (1993) SECURITY STATE BANK OF KANSAS CITY, Plaintiff, v. AETNA CASUALTY AND SURETY COMPANY, Defendant. This case presents the issue of whether defendant, Aetna Casualty and Surety Company ("Aetna"), wrongfully failed to defend and indemnify plaintiff, Security State Bank of Kansas City ("Security"), for an action brought against Security in the United States District Court for the District of Kansas entitled Frank S. Schmidt & Janet H. Schmidt v. Security Bank of Kansas City, et......read more.


Summary: 881 F. Supp. Hensel Phelps Construction Co. v. United States for Use of Reynolds Electrical and Engineering Co., Inc., 413 F.2d 701, 704 (10th Cir.1969); Wunderlich Contracting Co. v. United States for Use of Reischel & Cottreli, 240 F.2d 201, 205 (10th Cir.)Co. of Texas, 942 F.2d 946, 951 (5th Cir.1991); United States for Use of Pertun Construction Co. v. Harvesters Group, Inc., 918 F.2d 915, 918 (11th Cir.1990); United States for Use of Mariana v. Piracci Construction Co., Inc., 405 F. Supp. M......read more.


Summary: 523 F. Supp. He considered several medical opinions; discussing the opinion of Dr. Latinis, a rheumatologist who evaluated plaintiff; accepting the diagnoses of Dr. Hailey, plaintiff's treating physician; giving "full weight" to the case analysis of Dr. Trowbridge,[4] a reviewing physician; and apparently rejecting the opinion of Dr. Brewer, an infectious disease specialist who treated plaintiff on two occasions. (R. 9); Threet v. Barnhart, 353 F.3d 1185, 1187 (10th Cir.2003). White v. Barnhart,......read more.


Summary: 866 F. Supp. W. Perry Brandt, Tammy L. Womack, Stinson, Mag & Fizzell, John M. Lilla, Lindsay K. McFerrin, Brian A. Snyder, Jackson, Lilla & McFerrin, P.C., Kansas City, MO, Thomas F. Sullivan, Lenexa, KS, for defendant U.S. Cent. Nancy Eslinger, plaintiff, contends that her employer, U.S. Central Credit Union ("U.S. Central"), discriminated against her on the basis of her sex in violation of Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, 42 U.S.C.A § 2000......read more.


Summary: 723 F. Supp. 576 (1989) HOYLAKE INVESTMENTS LIMITED, A Bermuda company limited by shares, Plaintiff, v. Fletcher BELL, Kansas Commissioner of Insurance, Defendant, and Farmers Group, Inc.; Farmers Insurance Company, Inc.; Farmers Insurance Exchange; Truck Insurance Exchange; and Fire Insurance Exchange, Intervenors. Pamela F. Scott, Sp. If the Takeover Panel had not granted Hoylake the extension, then the tender offer would have lapsed if the defendant Insurance Commissioner had not approved the......read more.


Summary: 238 F. Supp. 2d 1242 (2002) Rick L. BRADLEY, Plaintiff, v. J.E. VAL-MEJIAS, M.D., et al., Defendants. Jack Focht, Jay F. Fowler, Amy S. Lemley, Shannon D. Wead, Foulston Siefkin LLP, Wichita, KS, Timothy M. Aylward, Horn, Aylward & Bandy LLC, Kansas City, MO, for Defendants. Plaintiff, Rick L. Bradley, brings this medical malpractice action against Defendants, J.E. Val-Mejias, M.D. ("Dr.Val-Mejias") and The Galichia Medical Group, P.A. ("GMED"). 204), and Dr. Val-Mejias's first and GMED's second......read more.


Summary: (2008) UNITED STATES of America, Plaintiff, v. Wade A. GLASSCOCK, Defendant. Defendant cites to United States v. Williams,[15]United States v. Abdush-Shakur,[16] and United States v. Cano-Silva,[17] arguing that in those cases, the indictment was dismissed without prejudice because those crimes were much more serious. [20] In fact, the Tenth Circuit has stated that "[w]hen charges are serious, courts should impose the sanction of dismissal with prejudice only for correspondingly serious delay . ......read more.


Summary: 362 F. Supp. 952 (1973) James P. TAYLOR, Plaintiff, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE and United States of America, Defendants. Plaintiff's application, filed January 30, 1968, states that he was born June 13, 1925, and that he became unable to work in May, 1943, at the age of 17, by reason of a mental impairment. The medical evidence of record begins with a report dated July 26, 1943, from the United States Naval Hospital, Jacksonville, Florida. A report dated August 23, 1956, by Pa......read more.


Summary: 7 F. Supp. Timothy Mellon sued Cessna Aircraft Company, alleging Cessna's policy of refusing to service Cessna manufactured aircraft with modifications unapproved by Cessna violates Sections 1 and 2 of the Sherman Antitrust Act, 15 U.S.C. §§ 1 and 2. Panis v. Mission Hills Bank, N.A., 60 F.3d 1486, 1490 (10th Cir.1995), cert. Multistate Legal Studies, Inc. v. Harcourt Brace Publ., Inc., 63 F.3d 1540, 1545 (10th Cir. Cessna has manufactured a variety of business jet aircraft, including the Model ......read more.




Summary: 31 F. Supp. 2d 1298 (1998) SAC AND FOX NATION OF MISSOURI, Iowa Tribe of Kansas and Nebraska, Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas, Plaintiffs, v. John D. LAFAVER, Secretary Kansas Department of Revenue, Defendant. United States District Court, D. Kansas. *1299 *1300 Mark S. Gunnison, Stephen D. McGiffert, Payne & Jones, Chtd., Overland Park, KS, John R Shordike, Patricia Prochaska, Berkeley, CA, Paul Alexander, Alexander & Karshmer, Washington, DC, for Sac and Fox Nat......read more.


Summary: 861 F. Supp. 1531 (1994) Ron TODD, Commissioner of Insurance, Insurance Department of Kansas, as Liquidator for National Colonial Insurance Co., Plaintiff, v. DSN DEALER SERVICE NETWORK, INC.; Gerald Zipper; Barry Gossett; Colonial Charter Holdings, Inc. and Road Services Automobile Club, Inc., Defendants. [1] Plaintiff Ron Todd, Insurance Commissioner for the State of Kansas, brought this action in his capacity as statutory liquidator for National Colonial Insurance Company (NCIC) in the Distri......read more.


Summary: 810 F. Supp. Byron J. Beck, Mary L. Barrier, Theresa L.F. Levings, Zoe Ann K. Holmes, Morrison & Hecker, Kansas City, MO, John C. Nettels, Jr., Morrison & Hecker, Wichita, KS, for F.D.I.C. Robert F. Lytle, Patrick D. Gaston, Bennett, Lytle, Wetzler, Winn & Martin, Prairie Village, KS, for Terry Rupp, C.F. Rupp. See 762 F. Supp. State Law Claims ........................................ 1155-1161 a. Securities Claims ................................... 1156-1160 b. Com......read more.


Summary: 523 F. Supp. 2d 1242 (2007) Zachariah F. RUBIO,[1] Plaintiff, v. TURNER UNIFIED SCHOOL DISTRICT NO. 202, et Defendants. Zachariah F. Rubio claims that Turner Unified School District No. 202 violated his rights under Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq. by discriminating against him on the basis of national origin and race and retaliating against him for complaining of such discrimination.2d 202 (1986); Vitkus v. Beatrice Co., 11 F.3d 1535, 1538-39 (10th Cir.1993). ......read more.


Summary: 304 F. Supp. LAKESIDE DRIVE IN THEATER, INC., Plaintiff, v. Francis D. MENGHINI, Individually and as County Attorney of Wyandotte County, Kansas; O. Q. Claflin, III, Judge of the District Court of Wyandotte County, Kansas, Division 1; Harry G. Miller, Judge of the District Court of Wyandotte County, Kansas, Division 3; Leo J. Moroney, Judge of the District Court of Wyandotte County, Kansas, Division 5; and the State of Kansas, Defendants. THE GROVE PRESS CASE In this action, the plaintiff seeks ......read more.


Summary: 835 F. Supp. Miller v. Glanz, 948 F.2d 1562 (10th Cir.1991). 56(c); Maughan v. SW Servicing, Inc., 758 F.2d 1381, 1387 (10th Cir.1985). Although the court must resolve all factual disputes and draw all inferences in favor of the nonmoving party, Reazin v. Blue Cross & Blue Shield of Kansas, Inc., 899 F.2d 951, 979 (10th Cir.)


Summary: 320 F. Supp. This matter is presently before the court on defendants' motion to compel arbitration of the claims of MCI business customers included within the conspiracy class (Doc. Billing Practices Litig., 300 F. Supp. In defendants' supplemental briefs, they urged the court to modify the conspiracy class definition so that it did not include any MCI business customers because, defendants argued, the claims of the then-lone MCI business customer plaintiff, NYLB, Inc. d/b/a Siany ("NYLB"), are ......read more.


Summary: 404 F. Supp. 2d 1292 (2005) Dean CAMPBELL and D C Compass Dundee, L.L.C., Plaintiffs, v. BANK OF AMERICA, N.A., Private Bank, Real Estate Advisory Services, Defendant/Third-Party Plaintiff, v. John Terzakis, et al., Third-Party Defendants. Plaintiff Dean Campbell sold commercial property located in Manhattan, Kansas, and through his wholly owned entity D C Compass Dundee, L.L.C. he purchased an exchange property located in Illinois. The real estate investment in Illinois went awry and plaintiff'......read more.


Summary: 979 F. Supp. See United States v. Bailey, 979 F. Supp. United States v. Smythe, 84 F.3d 1240, 1242 (10th Cir.1996) (citing Burdeau v. McDowell, 256 U.S. 465, 475, 41 S. Ct. 574, 576, 65 L. Ed. United States v. Singleton, 987 F.2d 1444, 1447-50 (9th Cir.1993). "Burden of Proof In United States v. Carhee, 27 F.3d 1493, 1496 (10th Cir.1994), the Tenth Circuit recently said that a defendant has the "burden of proving whether and when the Fourth Amendment was implicated" at the point the defendant or......read more.


Summary: (2008) PAYLESS SHOESOURCE, INC., Plaintiff, v. Now before the Court are the parties' cross-motions for summary judgment: plaintiff Payless Shoesource, Inc's Motion for Partial Summary Judgment (Doc. [11] In consideration of premiums paid by Payless Shoesource, Inc. ("Payless"), The Travelers Companies, Inc. ("Travelers") issued to Payless as the named insured a St. Paul Mercury Insurance Company Employment Practices Liability Insurance Policy bearing Policy Number 503CMO452 for the period of Apr......read more.