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Citation: 453 F. Supp. 2d 333 | Docket No.: Civil No. 06-CV-00258-JAW
Status: Published | Citing: 12
Summary: 453 F. Supp. Concluding that the Plaintiffs failed to sustain their burden of proof to demonstrate legal justification for the issuance of a temporary restraining order against the City of Concord's commencement of construction of a connector road, this Court denies their motion.The Corps also issued a permit, but restricted its approval to so-called Phase I, the access road to Concord Hospital as a spur from Pleasant Street on the side of the street away from *336 the V.[3] This relatively shor......read more.


Citation: 735 F. Supp. 452 | Docket No.: Civ. No. 87-490-D
Status: Published | Citing: 13
Summary: 735 F. Supp. 1216, 1217 (D.Hawaii 1985); Consumers Savings Bank v. Touche Ross & Co., 613 F. Supp. Support for that position is found in Patrician Towers Owners, Inc. v. Fairchild, 513 F.2d 216 (4th Cir.1975); Underwood v. Maloney, 256 F.2d 334 (3d Cir.)See Kerney v. Fort Griffin Fandangle Ass'n, 624 F.2d 717 (5th Cir.1980) (purpose of Rule 23.2 was "clearly to enlarge, not contract, the authorization for class actions against unincorporated associations"); Oskoian v. Canuel, 269 F.2d 311 (1st C......read more.


Citation: 831 F. Supp. 928 | Docket No.: Civ. No. 90-340-B
Status: Published | Citing: 21
Summary: 831 F. Supp. Financial problems with both projects prompted the parties to enter into complex negotiations that resulted in the lender's agreement to advance additional funds to several of the plaintiffs in exchange for plaintiffs' agreement to surrender ownership and control over one of the projects and to release certain potential claims against the lender and its affiliate. The lender and its affiliate argue that they are entitled to summary judgment with respect to plaintiffs' anti-tying cla......read more.


Citation: 824 F. Supp. 1102 | Docket No.: 1:19-adr-00010
Status: Published | Citing: 33
Summary: 824 F. Supp. [1] Subsequently, the court reopened the judgment to permit plaintiff to amend its petition to bring its action under the Declaratory Judgment Act, 28 U.S.C. § 2201(a) (Supp.1993). 28 U.S.C. § 1332(a)(1) and (c)(1) (Supp.1993). Presently before the court are (1) plaintiff's motion for summary judgment, (2) defendants' cross-motion for summary judgment, (3) defendants' motion to strike the affidavit of John F. Dudziak, and (4) defendants' supplemental motion for partial summary judgm......read more.


Citation: 618 F. Supp. 2d 114 | Docket No.: Civil No. 04-cv-74-JD
Status: Published | Citing: 15
Summary: 618 F. Supp. Claim 1 of the '901 patent provides as follows: An auxiliary device for use with a weapon, the auxiliary device comprising: a housing: at least one source of illumination located within the housing; a first structural member extending upward from a first side of the housing and extending along at least a portion of a length of the first side of the housing; a second structural member extending upward from a second side of the housing, wherein the second side of the housing is locate......read more.


Citation: 421 F. Supp. 2d 392 | Docket No.: Civ. 02-CV-545-SM
Status: Published | Citing: 55
Summary: 421 F. Supp. Intern'l Ass'n of Machinists & Aerospace Workers v. Winship Green Nursing Ctr., 103 F.3d 196, 199-200 (1st Cir.1996) (citations omitted). Ingram v. Brink's, 414 F.3d 222, 228 (1st Cir.2005) (citing Mesnick v. Gen. Elec. Co., 950 F.2d 816, 822 (1st Cir.1991)). A computer system having a shared addressable memory space, comprising a data network for carrying data signals representative of computer readable information, and a plurality of computers, each of said plurality of computers ......read more.


Citation: 242 F. Supp. 2d 95 | Docket No.: CIV.99-132^ID
Status: Published | Citing: 30
Summary: 242 F. Supp. Ellsworth alleges that the state trial court's decision to exclude evidence and not to disclose certain privileged information, affirmed by the New Hampshire Supreme Court, violated his constitutional rights. He requested a dormitory incident report for the night the boy returned to Colcord Cottage where he said one of the incidents of abuse occurred, records relating to the boy's prior sexual victimization, records documenting the boy's first accusation against Ellsworth, and recor......read more.


Citation: 927 F. Supp. 545 | Docket No.: C-94-264-L
Status: Published | Citing: 18
Summary: 927 F. Supp. 56(c); Griggs-Ryan v. Smith, 904 F.2d 112, 115 (1st Cir.1990). Mesnick v. General Electric Co., 950 F.2d 816, 822 (1st Cir.1991), cert denied, 504 U.S. 985, 112 S. Ct. 2965, 119 L. Ed. One Parcel of Real Property with Bldgs., 960 F.2d 200, 204 (1st Cir.1992) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505, 2510, 91 L. Ed. Defendant contends summary judgment is appropriate in this action because, viewing the evidence in a light most favorable to the plaint......read more.


Citation: 307 F. Supp. 2d 325 | Docket No.: CIV. 03-435-JD
Status: Published | Citing: 48
Summary: 307 F. Supp. See Collier v. City of Chicopee, 158 F.3d 601, 603-604 (1st Cir.1998). Mesnick v. General Elec. Co., 950 F.2d 816, 822 (1st Cir.1991) (quoting Griggs-Ryan v. Smith, 904 F.2d 112, 115 (1st Cir.1990)). New Hampshire follows the "universal rule that when an obligation is to be paid in installments the statute of limitations runs only against each installment as it becomes due ...." Gen. Theraphysical, Inc. v. Dupuis, 118 N.H. 277, 279, 385 A.2d 227 (1978); see also Seasons at Attitash ......read more.


Citation: 682 F. Supp. 95 | Docket No.: Civ. A. Nos. 87-225-D, 87-227-D and 87-228-D
Status: Published | Citing: 15
Summary: 682 F. Supp. Paula Phillipson BUCKLEY, a/k/a Paula Gordon; Gordon Management v. Coralie GEIWITZ, a/k/a Coral Leigh; J. Michael Bloom, Ltd.; Heidi Powers; Judy Klein Karp. In the same action (87-227-D), Ms. Buckley alleges that defendants J. Michael Bloom, Ltd.[2] ("Bloom"), and Heidi Powers, an employee of Bloom, interfered with her contractual relations with Gordon Management clients by encouraging the clients to leave Gordon Management. *98 Ms. Buckley also alleges that defendant Judy Klein Ka......read more.


Citation: 491 F. Supp. 2d 192 | Docket No.: Civil No. 04-cv-273-SM, 2007 DNH 077P
Status: Published | Citing: 9
Summary: 491 F. Supp. The question presented by this case is how a decedent's state lottery winnings (in the form of 10 annual payments of approximately $209,000) should be valued for federal estate tax purposes. The government argues that the right to ongoing lottery payments is properly valued by reference to the annuity tables set out in the Internal Revenue Code ("IRC"), yielding a taxable value, in this case, of $1,607,164. Finally, as noted above, the parties agree that, if the court determines tha......read more.


Citation: 251 F. Supp. 1013 | Docket No.: Civ. A. No. 2503
Status: Published | Citing: 2
Summary: 251 F. Supp. Antenna Systems, Inc. (Antenna) and the New England Merchants National Bank entered into a loan agreement on August 26, 1963, by the terms of which Antenna granted the following security interest to the bank: "2.3 The Borrower hereby grants to the Financing Institution a security interest (a) in the Borrower's present and future inventory (including supplies, raw materials, work in process and finished goods), including but not limited to inventory acquired or produced by the Borrow......read more.


Citation: 288 F. Supp. 402 | Docket No.: Crim. No. 6773
Status: Published
Summary: 288 F. Supp. 402 (1967) UNITED STATES of America v. INTERSTATE ENGINEERING CORPORATION et al. CHARGE TO THE JURY Mr. Foreman and members of the jury, we have reached what yesterday Mr. Phinney referred to as the penultimate stage of the case. In a real sense every case is important to the parties, and a criminal case is particularly important because, as was pointed out to you in argument, there are at stake precious interests, such as possibly the liberty of the persons involved, and certainly ......read more.


Citation: 171 B.R. 451 | Docket No.: Civ. No. 93-543-M
Status: Published | Citing: 13
Summary: 171 B.R. 451 (1994) In re Robert and Robin WILLIAMS, f/k/a Robin O'Malley, d/b/a Bottom Line Gifts, Appellants. *452 Kathryn S. Williams, Epping, NH, for appellants. I. Background Appellant Robert Williams suffered a workplace injury and brought a claim for benefits under New Hampshire's Workers' Compensation Law. See In re Nolen, 65 B.R. 1014 (Bankr.D.N.M.1986); In re Covey, 36 B.R. 696 (Bankr.W.D.Ark.1984); Surace, supra.


Citation: 184 F. Supp. 2d 128 | Docket No.: CIV. 02-041-JM
Status: Published | Citing: 7
Summary: 184 F. Supp. On January 29, 2002, this court granted the plaintiffs' motion for an ex parte seizure order against defendants Hardware 4 Less, Inc. ("Hardware 4 Less") and Mark Brunelle pursuant to the Lanham Act's seizure provisions, 15 U.S.C. *129 § 1116(d).Following the issuance of the seizure order, the court held a hearing at which Compaq appeared and stated on the record that controlling authority allows the district court to designate a substitute custodian to maintain items seized pursuan......read more.


Citation: 856 F. Supp. 25 | Docket No.: Civ. No. 89-487-SD
Status: Published | Citing: 16
Summary: 856 F. Supp. On July 13, 1992, the court approved the June 11, 1992, Report and Recommendation (R & R) of Magistrate Judge Justo Arenas, Sitting by Designation, which recommended the granting of Aetna Casualty & Surety Company's action to be substituted as party plaintiff in place of FDIC as liquidating agent of City Bank and Trust. Regarding Aetna's motion to be substituted as party plaintiff, this court approved the magistrate judge's determination that [s]ince the issue of the parties' liabil......read more.


Citation: 950 F. Supp. 418 | Docket No.: Civil No. 95-296-M
Status: Published | Citing: 19
Summary: 950 F. Supp. One Parcel of Real Property with Bldgs., 960 F.2d 200, 204 (1st Cir.1992) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505, 2510, 91 L. Ed. Mesnick v. General Elec. Co., 950 F.2d 816, 822 (1st Cir. 585 (1940); Maytag v. United States, 493 F.2d 995, 998 (10th Cir.1974); Jenkins v. United States, 428 F.2d 538 (5th Cir.)See Lehman v. United States, 448 F.2d 1318 (5th Cir.1971) (power to consume corpus of estate "for [decedent's] own use, benefit, comfort, su......read more.


Citation: 647 F. Supp. 1562 | Docket No.: Civ. No. 86-315-D
Status: Published | Citing: 10
Summary: 647 F. Supp. In this action plaintiff Richard Brewer, a citizen of Maine, brings suit against his former employer, defendant K.W. Thompson Tool Co., Inc., d/b/a Thompson Center Arms ("KWT"), a corporation with its principal place of business in Rochester, New Hampshire, seeking damages for wrongful discharge (Count I), wrongful failure to *1564 cooperate in plaintiff's medical treatment (Count II), and intentional infliction of emotional distress (Count III). of Eastman, 572 F. Supp. Count I Def......read more.


Citation: 770 F. Supp. 51 | Docket No.: Civ. No. 90-434-S
Status: Published | Citing: 6
Summary: 770 F. Supp. Co., 820 F.2d 246, 248 (8th Cir.1987); Kennard v. Harris Corporation, 728 F. Supp.


Citation: 559 F. Supp. 559 | Docket No.: Civ. No. 81-300-D
Status: Published | Citing: 15
Summary: 559 F. Supp. The Magistrate denied the Petition on the *560 ground that the New Hampshire statute on prejudgment attachments, N.H. RSA 511-A:3 (Supp.1979) required a showing of "reasonable likelihood" of recovery and that a "reasonable likelihood" stood somewhere between a preponderance of the evidence in a civil case and a reasonable doubt in a criminal case. 2d 435 (1974); Ashland Oil, Inc. v. Gleave, 540 F. Supp.