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Summary: 389 F. Supp. Plaintiffs, all of whom qualified for disability relief under the Montana Aid to Disabled (MAD) laws after June 1973 and all of whom were receiving MAD benefits in December 1973, were removed from the Supplemental Security Income Program (SSI) without any pretermination hearing. See Brown v. Weinberger, 382 F. Supp.


Summary: 631 F. Supp. 66 (1986) Duane FREDENBERG, Personal Representative of the Estate of Pamela Fredenberg, Plaintiff, v. SUPERIOR BUS COMPANY, a DIVISION OF SHELLER-GLOBE CORPORATION, and General Motors Corporation, a Delaware corporation, Defendants, SUPERIOR BUS COMPANY (SHELLER-GLOBE OF CANADA, LTD.), Defendant and Third-Party Plaintiff, v. Harold BELCHER and Dixon Brothers, Inc., a Wyoming corporation, Third-Party Defendants. Defendant Superior Bus ("Superior") raised fourteen affirmative defenses......read more.


Summary: 488 F. Supp. 2d 1109 (2007) DUBRAY LAND SERVICES, INC., and James Dubray, Plaintiffs, v. SCHRODER VENTURES U.S., Andrew Gaspar, Nicholas Somers, and W. Montague Yort, Mesa Communications Group, LLC, Mesa Holding Co., and John Does 1-10, Defendants. Magistrate Judge Ostby recommends that Mesa Communications Group, LLC's Motion for Summary Judgment be granted. Additionally, it is apparent that James DuBray's claims for intentional and negligent infliction of emotional distress necessarily fail bec......read more.


Summary: 188 F. Supp. 847 (1960) Thomas P. GRAHAM, Jr., Regional Director of the Nineteenth Region of the National Labor Relations Board, for and on Behalf of the NATIONAL LABOR RELATIONS BOARD, Petitioner, v. RETAIL CLERKS INTERNATIONAL ASSOCIATION, LOCAL NO. 57, AFL-CIO, Respondent. Patronize Union Clerks On March 1, 1960, Hested filed an amended representation petition pursuant to section 9(c) of the Act, wherein it was stated that Local 57 claimed to be the representative of its employees. The substa......read more.


Summary: 56 F. Supp. BACKGROUND In this action arising under the Warsaw Convention, Weaver seeks compensation for injuries received as a passenger on a Delta flight from London to Billings on November 7, 1996. The parties agree that the Warsaw Convention allows recovery in this case only if Weaver's injury is a "bodily injury." See, e.g., Terrafranca v. Virgin Atlantic Airways Ltd., 151 F.3d 108 (3d Cir.1998) (summary judgment affirmed against plaintiff alleging post-traumatic stress disorder and weight ......read more.


Summary: (2008) Sharon L. WETHERELT, Plaintiff, v. LARSEN LAW FIRM, PLLC., Defendant. I. Introduction Plaintiff, Sharon Wetherelt, brought suit against Defendant, Larsen Law Firm, pursuant to the Fair Debt Collection Practices Act (the "Act"), 15 U.S.C. § 1692 et seq., after Defendant levied a writ of execution against Wetherelt's bank account to collect a debt. Wetherelt claims Defendant's action was unfair or unconscionable in violation of 15 U.S.C. § 1692f because Defendant knew the account contained ......read more.


Summary: 121 F. Supp. 2d 1309 (2000) UNITED STATES of America, Plaintiff, v. Bailey D. PETERSON and Glenn W. Hohmann, Defendants. I. Factual Background This case presents the issue of whether Blackfeet Treaty Rights to hunt and fish in the area known as Glacier Park were abrogated when Glacier Park was created by Congress. For the following reasons, I find the Blackfeet have no treaty right to hunt in Glacier Park. The Agreement History In 1895, three Commissioners dispatched by the United States governm......read more.


Summary: 126 F. Supp. 2d 1320 (2001) Harvey and Doris MADISON, Charles and Elena D'Autremont, and Harrison Saunders, Plaintiffs, v. Patrick J. GRAHAM, Director, Montana Department of Fish, Wildlife, & Parks; Montana Fish, Wildlife & Parks Commission; and Stan Meyer, David Simpson, Charles Decker, Darlyne Dasher, and Tim Mulligan, Commissioners, Defendants, Montana Wildlife Federation, Montana Chapter of Trout Unlimited, Fishing Outfitters Association of Montana, and Montana Coalition for Stream Access, D......read more.


Summary: 872 F. Supp. This declaratory judgment action places in issue both the validity of, and the interpretation to be afforded a "household exclusion" contained in an automobile liability policy issued by the defendant, State Farm Mutual Insurance Company, to Terry Evan Shook and Lois Jean Shook, husband and wife. Relying upon a "household exclusion" contained in the liability policy, State Farm tendered $25,000 to Lois, the maximum amount of coverage State Farm contended Lois was entitled to under t......read more.


Summary: 954 F. Supp. 209 (1997) Adeline MOORE, as Personal Representative of the Estate of John W. Moore, Deceased, and Individually, John C. Moore, a minor, by Carol F. Morrell, his natural mother and conservator, and Carol F. Morrell, Individually, Plaintiffs, v. SAFECO INSURANCE COMPANY, Defendant. *210 Alexander Blewett, III, Hoyt & Blewett, Great Falls, MT, for Adeline Moore, John W. Moore, John C. Moore, Carol F. Morrell. (Br.Sup.J.Pleadings at 3) The insurer is not quite So sure, arguing its Poli......read more.


Summary: 188 F. Supp. The question presented is whether the Commissioner of Internal Revenue properly determined that Sarah Carnahan realized taxable gain upon the exchange of old common stock of McNair Realty Company for new series "B" nonvoting stock within the meaning of Section 112 of the Internal Revenue Code of 1939.McNair Realty Company is a Montana corporation, organized in 1933 with a capitalization of $100,000, divided into 1,000 shares of common stock of the par value of $100 per share.Subsequ......read more.


Summary: 854 F. Supp. 1503 (1994) Sheriff/Coroner Jay PRINTZ, Ravalli County, Montana, Plaintiff, v. UNITED STATES of America, Defendant. BACKGROUND On November 30, 1993, Congress enacted the Brady Handgun Violence Prevention Act ("Act"), as an amendment to the Gun Control Act of 1968. The interim provisions of the Act require that before a handgun dealer can transfer a handgun to a buyer, he or she must, in certain cases,[2] transmit a copy of a statement received from the buyer to the chief law enforce......read more.


Summary: 45 F. Supp. Robert F. James, James, Gray, Bronson, & Swanberg, PC, Great Falls, MT, for First Healthcare Corp. and Vencor, Inc., defendants. DISCUSSION Ruzicka concedes she was an at-will employee and, as a result, her claim for wrongful discharge is governed by Montana's Wrongful Discharge From Employment Act, codified at Mont.Code Ann.


Summary: 39 F.2d 176 (1930) GREAT FALLS GAS CO. v. PUBLIC SERVICE COMMISSION OF MONTANA et al. E. G. Toomey and Gunn, Rasch & Hall, all of Helena, Mont., and Maddox & Church, of Great Falls, Mont., for plaintiff. See 34 F.(2d) 297. *177 By the court reminded that their form of decree was passed and signed as usual in reliance upon counsel [see Johnson's Case (D. C.) 35 F.(2d) 355, 356], and admonished that, if thus they secured a decree broader than their client's right, their present attitude might indi......read more.


Summary: 656 F. Supp. Do Montanans, acting through their duly elected state government, have the right to grant unlimited elk hunting licenses to Montana residents (approximately 90,000 annually) while restricting yearly nonresident elk hunting licenses to 17,000 — or does this disparate treatment violate the rights of nonresident hunter applicants under the United States Constitution? See Montana Outfitters Action Group v. Fish and Game Commission, 417 F. Supp. Oakland Tribune, Inc. v. Chronicle Publish......read more.


Published Opinion | Federal District, Federal, | District Court D Montana | cited by: 2 Primary Sources | citing: 7
Summary: 525 F. Supp. The BOEING COMPANY, Third-Party Plaintiff, v. H. C. SMITH CONSTRUCTION CO., a corporation, Third-Party Defendant. Steinke, who was an employee of H. C. Smith Construction Company (H. C. Smith) was injured while working in a United States Air Force missile silo located near Lewistown, Montana.


Summary: 211 F. Supp. United States v. Montero-Camargo, 208 F.3d 1122,1130 (9th Cir.2000) (en banc) (citing People of the Territory of Guam v. Ichiyasu, 838 F.2d 353, 355 (9th Cir.1988)). United States v. Rojas-Millan, 234 F.3d 464, 468-69 (9th Cir.2000) (citing Lopez-Soto, 205 F.3d at 1105). United States v. Twilley, 222 F.3d 1092, 1096 (9th Cir.2000); Lopez-Soto, 205 F.3d at 1106; United States v. King, 244 F.3d 736, 741 (9th Cir.2001). Lopez-Soto, 205 F.3d at 1106; Twilley, 222 F.3d at at 1096-97. See......read more.


Summary: 561 F. Supp. I. Introduction Bernard Lenwood Waybright was charged in a two-count indictment with failing to register as a sex offender, in violation of 18 U.S.C. § 2250(a). Section 2250(a) is part of the Sex Offender Registration and Notification Act ("SORNA" or the "Act"). The section makes it a federal crime for a sex offender who is required to register under SORNA to travel in interstate commerce and then fail to register. Waybright was convicted of a crime in West Virginia that obligated h......read more.


Summary: 824 F. Supp. 923 (1992) SWAN VIEW COALITION, INC., a nonprofit corporation; Resources Limited, Inc., a nonprofit corporation; Friends of the Wild Swan, a nonprofit corporation; Five Valleys Audubon Society, a nonprofit corporation; and Sierra Club, a nonprofit corporation, Plaintiffs, v. John F. TURNER, in his official capacity as Director of the U.S. Fish & Wildlife Service; Galen Buterbaugh, in his official capacity as Regional Director of the U.S. Fish & Wildlife Service, Region Six; Kemper M......read more.


Summary: 138 F. Supp. On January 9, 2001, Buday pled guilty to an Information charging him with knowingly discharging pollutants, including dredge and fill material, "into navigable waters, including wetlands," in violation of the Clean Water Act (33 U.S.C. § 1311(a) and 1319(c)(2)(A)). At the plea colloquy, Buday and the Government were asked whether Fred Burr Creek is a "navigable water" within the meaning of the Clean Water Act. Hours after Buday pled guilty, the United States Supreme Court decided So......read more.