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Summary: 667 F. Supp. Mark F. Weaver, Manchester, N.H. for Thomas Mynczywor and Town of Alton. Plaintiffs Gerald and Anna Greenberg bring this civil rights action pursuant to 42 *903 U.S.C. §§ 1983 and 1988 against three defendants: the Town of Alton, New Hampshire, a municipal corporation ("Alton"); Thomas Mynczywor, in his official capacity as Alton Chief of Police and in his personal capacity; and Dean Finethy, an individual. The decision to grant or deny a Rule 15(a) motion to amend lies within the s......read more.


Summary: 702 F. Supp. In 1986 plaintiff Tower Cranes of America brought a diversity action in this court against Public Service Company of New Hampshire (PSNH) (C. 86-84-D) alleging that PSNH had breached a contract for lease of a crane used in the construction of the Seabrook Nuclear Power Plant. In 1987 Tower Cranes filed another action (C. 87-487-D) alleging the same breach of contract, the defendants being the eighteen utility companies who jointly own the Seabrook plant ("joint owners"). Defendant j......read more.


Summary: 70 F. Supp. See Dartmouth Review v. Dartmouth College, 889 F.2d 13, 16 (1st Cir.1989). 1987)(claim for declaratory relief rendered moot where defendants were entitled to qualified immunity from civil damages); Ferreira v. Dubois, 963 F. Supp. The absolute immunity protection has also been extended to probation department employees, see Hili v. Sciarrotta, 140 F.3d 210, 213 (2nd Cir.1998), court-appointed psychologists, see Morstad v. Department of Corrections and Rehabilitation, 147 F.3d 741, 74......read more.


Summary: 116 F. Supp. Invoking the provisions of 28 U.S.C. § 1331 and the Administrative Procedures Act, 5 U.S.C. § 702, Laconia Savings Bank ("LSB") filed an action seeking a judicial declaration that the forfeiture of that vehicle, in which LSB had a security interest, was invalid, and an order compelling the government "to return the proceeds obtained from plaintiff's property." Stone v. Dartmouth College, 682 F. Supp. 106, 107 (D.N.H.1988) (citing O'Toole v. Arlington Trust Co., 681 F.2d 94, 98 (1st ......read more.


Summary: 304 B.R. 33 (2004) In re Catherine Lawson MICHEL, Debtor. UmbrellaBank, FSB, Plaintiff, v. Catherine Lawson Michel and Victor W. Dahar, Trustee, Defendants. The Court has before it the complaint of Plaintiff, UmbrellaBank, FSB, f/k/a ARGO Federal Savings Bank, FSB (hereinafter "UmbrellaBank"), against the Debtor-Defendant, Catherine Lawson Michel (hereinafter "Michel"), seeking that the debt owed to it be excepted from discharge pursuant *37 to sections 523(a)(2)(A) and (B), 523(a)(4) and 523(a)......read more.


Summary: 263 F. Supp. This action ensued, in which Hoyt seeks a declaratory judgment that Isspro *282 has no trade dress or other trademark rights in any of the pyrometers manufactured by Hoyt (count one) and that Isspro has no ownership or other rights in Hoyt's designs, tools, dies, or other components used to manufacture pyrometers (count two). Stone v. Dartmouth College, 682 F. Supp. See also Lex Computer & Management Corp. v. Eslinger & Pelton, P.C., 676 F. Supp.


Summary: 419 B.R. 133 (2009) 2009 DNH 165 NEW ENGLAND WOOD PELLET, LLC v. NEW ENGLAND PELLET, LLC, Jason Tynan, and Steven Zaczynski. *136 Michael C. Harvell, James S. Lamontagne, Sheehan Phinney Bass & Green, Manchester, NH, for New England Wood Pellet, LLC. Lawrence A. Vogelman, Nixon Raiche Vogelman Barry & Slawsky PA, Manchester, NH, for New England Pellet, LLC, Jason Tynan, and Steven Zaczynski. Plaintiff New England Wood Pellet, LLC ("NEWP") sued defendant New England Pellet, LLC ("NEP") and two of......read more.


Summary: 769 F. Supp. In this civil action, plaintiffs Jeffrey MacDowell and Gloria MacDowell allege that Manchester fire captain Roger Paradis offended the United States Constitution when he allegedly provoked a fight with Manchester fireman Jeffrey MacDowell.Litton Industries v. Colon, 587 F.2d 70, 74 (1st Cir.1978). Knight v. Mills, 836 F.2d 659, 664 (1st Cir.1987). "See also V.S.H. Realty v. Texaco, 757 F.2d 411, 414 (1st Cir.1985). f. Liability of the City of Manchester and the Manchester Fire Depar......read more.


Summary: 659 F. Supp. United States of America by Ralph H. Johnson, Elaine Marzetta Lacy, Torts Branch, Civil Div., U.S. Dept. of Justice, Washington, D.C., Posternak, Blankstein & Lund by David J. Hatem, Boston, Mass., Dufresne-Henry, Inc. by Richard K. Allen, Manchester, N.H., Upton, Sanders & Smith by John F. Teague, State Atty. General's Office, by Robert P. Cheney, Jr., Michael J. Walls and Geoffrey M. Huntington, Concord, N.H., for defendants. By Order dated March 25, 1987, the Court granted the de......read more.


Summary: 929 F. Supp. The plaintiff, New England Acceptance Corporation ("Hilco"), has brought the instant action under 28 U.S.C.A. § 2410(a)(1) (West 1978) against the United States ("the government") and against Thomas S. Boyer and William R. Boyer, as executors of the estate of their mother, Elizabeth H. Boyer, seeking to quiet title to an approximately ninety-acre tract of property located in Alton, New Hampshire. On April 29 and 30, and May 1 and 2, the court presided over the first of a two part be......read more.


Summary: 42 F.2d 490 (1930) NEW HAMPSHIRE GAS & ELECTRIC CO. et al. v. MORSE et al. Of the plaintiffs, the New Hampshire Gas & Electric Company and the Derry Electric Company are New Hampshire public utility corporations with principal places of business at Portsmouth and Derry, N. H., respectively, furnishing gas, light, and power within their home towns and surrounding communities. It holds stock in the New Hampshire Gas & Electric Company and the Derry Electric Company. The material parts of the order......read more.


Summary: 718 F. Supp. This case presents a question that has divided the federal circuit courts of appeal: whether a public employee may bring an employment discrimination claim under Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12132, which prohibits disability discrimination by public entities. Compare Bledsoe v. Palm Beach County Soil & Water Conservation Dist., 133 F.3d 816 (11th Cir.1998) (allowing such claims), with Zimmerman v. Or. Dep't of Justice, 170 F.3d 1169 (9th Cir.1......read more.


Summary: 684 F. Supp. After hearing carefully all of the arguments advanced by plaintiff and counsel for the defendant, the Court orally rules, and here confirms its finding, that the situation presented by the circumstances of this case is clearly governed by the recent decision of this Court in Kay v. Bruno, 605 F. Supp.


Summary: 762 F. Supp. Mr. Mento has asked this court to set aside his conviction in light of the recent Supreme Court decision in Cheek v. United States, ___ U.S. ___, 111 S. Ct. 604, 112 L. Ed. United States v. Michaud, 901 F.2d 5 (1st Cir.1990) (per curiam). at 253; United States v. Michaud, 925 F.2d 37 (1st Cir.1991); see also, United States v. Addonizio, 442 U.S. 178, 186, 99 S. Ct. 2235, 2241, 60 L. Ed. Armed with a favorable jury instruction based on the decision in United States v. Scanio, 900 F.2......read more.


Summary: 593 F. Supp. In this intellectual property lawsuit, defendant eNom, Inc., a provider of domain name registration services based in Bellevue, Washington, moves for summary judgment on claims arising out of eNom's handling of domain names confusingly similar to the plaintiffs' trade name, "Philbrick's Sports." The plaintiffs allege that eNom's handling of the domain names, which include "philbricksports.com," "philbricksports.net," and "philbrickssports.net," violated the Anti-Cybersquatting Consu......read more.


Summary: (2008) Joseph A. LIGOTTI, Jr. v. David GAROFALO. Alleging that his rights in the mark are superior, the plaintiff, Joseph A. Ligotti, Jr., commenced this action, which claims, among other things, that the continued use of the mark by the, defendant, David Garofalo, amounts to trademark infringement and unfair competition in violation of § 43(a) the Lanham Act, 15 U.S.C. § 1125(a), and New Hampshire law.[1] Garofalo, however, claims that he has the superior rights in "The Guy from Boston," so it ......read more.


Summary: 115 F. Supp. 2d 188 (2000) Diane STEWART, Individually and as Guardian of the person and Estate of George W. Stewart, Plaintiff, v. Dennis ROBINSON, Superintendent Carroll County House of Correction, the Carroll County Commissioners, Nathan Weeks, Frank Holt, the Conway Police Department, and John Doe Officers of the Conway Police Department, Defendants. Griggs-Ryan v. Smith, 904 F.2d 112, 115 (1st Cir.1990). See also Torraco v. Maloney, 923 F.2d 231, 234 (1st Cir.1991) (holding that the Constit......read more.


Summary: 792 F. Supp. V.S.H. Realty v. Texaco, 757 F.2d 411, 414 (1st Cir.1985) (citing Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S. Ct. 1683, 1686, 40 L. Ed. v. Colon, 587 F.2d 70, 74 (1st Cir.1978), and those allegations are to be "construed in the light most favorable to plaintiff and taken as admitted, with dismissal to be ordered only if the plaintiff is not entitled to relief under any set of facts he could prove," Chasan v. Village Dist. of Eastman, 572 F. Supp. 578, 579 (D.N.H. 1983) (and citation......read more.


Summary: (2008) Franklin PHILIPPS, as the Natural Parent of Ayandi Philipps, Yvonne Lazare, as the Natural Parent of Ayandi Philipps, Joseph H. Ganguzza, as the Personal Representative of the Estate of Ayandi Philipps, Deceased, and Franklin Philipps, individually, v. Hubert TALTY. Plaintiffs Franklin Philipps and Yvonne Lazare brought this personal injury and wrongful death action against defendant Hubert Talty arising out of a 2005 automobile collision on the island of St. Martin. The plaintiffs are th......read more.


Summary: 686 F. Supp. Plaintiff Thompson/Center Arms Company ("TCA"), a firearms manufacturer, seeks a declaratory judgment that possession of a Contender pistol in conjunction with a Contender Carbine Kit does not constitute possession of a "firearm" under 26 U.S.C. § 5845(a) or a "short-barreled rifle" as defined by 18 U.S.C. § 921(a)(8). Defendants assert that (1) the United States has not waived its sovereign immunity in this case; (2) this action is essentially a tax matter and is therefore barred b......read more.