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Summary: 963 F. Supp. Co., 2 F.3d 801, 805 (8th Cir.1993), where it was also recognized, in accordance with the contract received in evidence in the present case, that First Dakota, as an additional condition of the merger, was obligated to seek reimbursement for losses allegedly caused by certain American officers. The Court ruled as a matter of law that First Dakota had agreed to assume the liability at issue, that the tax returns filed by American had been complete and accurate in all respects when th......read more.


Summary: 558 F. Supp. [2]McCoy v. Schweiker, 683 F.2d 1138, 1141-42 (8th Cir.1982); 20 C.F.R. §§ 404.1520 et seq. *656 Section 20 C.F.R. 404.1521(b) defines basic work activities as those "abilities and aptitudes necessary to do most jobs," including the following: (1) Physical functions such as walking, standing, sitting, lifting, pushing, pulling, reaching, carrying, or handling; (2) Capacities for seeing, hearing, and speaking; (3) Understanding, carrying out, and remembering simple instructions; (4) ......read more.


Summary: 798 F. Supp. 2d 1015 (2011) Shirley M. BERRY, Plaintiff, v. TIME INSURANCE COMPANY and John Hancock Life Insurance Company (USA), Defendants. *1016 Beth A. Roesler, Michael F. Marlow, Johnson, Miner, Marlow, Woodward & Huff, Prof., LLC, Yankton, SD, for Plaintiff. Plaintiff, Shirley M. Berry, asserts breach of contract and bad faith claims against defendants, Time Insurance Company (Time) and John Hancock Life Insurance Company (Hancock), and seeks punitive damages and attorney's fees. 2d 59 (19......read more.


Summary: 931 F. Supp. See e.g., United States v. Roulette, 75 F.3d 418 (8th Cir.1996); United States v. Abdul, 75 F.3d 327, 330 (7th Cir.1995), petition for cert. He contends that this Court may not constitutionally resentence him on the separate drug conviction and that the Court lacks jurisdiction to do so, relying upon Warner v. United States, 926 F. Supp.


Summary: 781 F. Supp. 621 (1991) GULCH GAMING, INC., Plaintiff, v. STATE OF SOUTH DAKOTA; Mark W. Barnett, in his official capacity as Attorney General of South Dakota; Donald Gromer, in his official capacity as Executive Secretary of the South Dakota Commission on Gaming; and Charles Lien, Karen Crew, Karl Fischer, Evans Nord, and Kristi Wagner, in their official capacities as Members of the South Dakota Commission on Gaming. Plaintiff was denied an operator's license to operate slot machines and gaming......read more.


Summary: 460 F. Supp. In 2006, Congress enacted The Higher Education Reconciliation Act of 2005, re-writing § 1091(r) to clarify that the suspension provisions applied only to students who were already receiving federal student financial aid at the time of their drug conviction. [¶ 3] 20 U.S.C. § 1091(r) provides: (r) Suspension of eligibility for drug-related offenses (1) In general[1] A student who is convicted of any offense under any Federal or State law involving the possession of a controlled subst......read more.


Summary: 599 F. Supp. 1025 (1984) William R. CODY, Individually and on behalf of all other persons similarly situated, Plaintiffs, v. Carole HILLARD, President of the Board of Charities and Corrections; Frank Brost, Vice President; Ted Spaulding, Member; D.A. Gehlhoff, Member; Lyle Swenson, Member; James Smith, Executive Secretary; Herman Solem, Warden of the South Dakota State Penitentiary; sued individually and in their official capacities, Defendants. [1] The plaintiff class challenges the constitutio......read more.


Summary: 383 F. Supp. *390 *391 William F. Clayton, U. S. Dist. United States v. Banks, 374 F. Supp. See generally, United States v. Heath, 260 F.2d 623 (9th Cir. *396 See United States v. Banks, 383 F. Supp. 368 F. Supp. 1245 (D. C.1973); 374 F. Supp. 321 (D.C.1974); and 383 F. Supp. The details of the government's failure to exercise diligence are put forth in my earlier opinion, 374 F. Supp.


Summary: 21 F. Supp. U.S. v. Bennett, 44 F.3d 1364, 1373 (8th Cir.1995) (citing Garrett v. United States, 471 U.S. 773, 778, 105 S. Ct. 2407, 2411, 85 L. Ed. United States v. Carrion-Caliz, 944 F.2d 220, 223 (5th Cir.1991) (citing United States v. Yunis, 681 F. Supp. [¶ 7] The plaintiff also relies on U.S. v. Pacheco, 902 F. Supp. U.S. v. Van Kirk, 935 F.2d 932, 935 (8th Cir.1991) (McMillian, Justice, dissenting) (citing U.S. v. Offutt, 736 F.2d 1199, 1202 (8th Cir.1984)).


Summary: 622 F. Supp. Initially, this court entered judgment for the defendant but vacated its order in consideration of the Eighth Circuit's decision in Rohweder v. Aberdeen Production Credit Ass'n., 765 F.2d 109 (8th Cir.1985). The issue is whether the fifty cattle became subject to the FmHA security agreements by operation of SDCL 57A-9-203(1) (1984 Supp.). In Rohweder, 765 F.2d at 113, the court suggested that "factors of control over the cattle ... are relevant evidence for the jury in determining t......read more.


Summary: 513 F. Supp. 257 (1981) In re CITIZENS AND LANDOWNERS AGAINST the MILES CITY/NEW UNDERWOOD POWERLINE; Joseph D. Bruch; Floyd A. Cammack; Anthony H. Bruch; Henry Bruch; Rex Schreckenghaust and South Dakota Public Utilities Commission v. SECRETARY, UNITED STATES DEPARTMENT OF ENERGY, in his official capacity; Golden Area Manager, Western Area Power Administration, in his official capacity, Billings Area Manager, Western Area Power Administration, in his official capacity and Grand Electric Coopera......read more.


Summary: 418 F. Supp. The administrative claim requirement of the Federal Tort Claims Act is found at 28 U.S.C. section 2675(a), which provides: An action shall not be instituted upon a claim against the United States for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, unless the claimant shall have first presented the claim to the appro......read more.


Summary: 217 F. Supp. See United States v. Restrepo, 890 F. Supp. Finally, the Government argues that, even if Trooper Koltz's questioning violated Defendant's rights under the Fourth Amendment and Miranda v. Arizona, the evidence of Defendant's identity obtained as a result of those questions cannot be excluded from Defendant's trial. See United States v. Guzman-Bruno, 27 F.3d 420, 421-22 (9th Cir.1994) (holding that a defendant's identity cannot be suppressed). See United States v. Mendoza-Carrillo, 10......read more.


Summary: 627 F. Supp. 2d 1075 (2009) 2008 DSD 5 UNITED STATES of America, Plaintiff, v. Duran R. RICHOTTE, Defendant. [¶ 2] Defendant was indicted on September 10, 2008, and an arrest warrant issued commanding the United States Marshal and any authorized United States Officer "to arrest Duran R. Richotte and bring him forthwith to the nearest magistrate" to answer the indictment. [¶ 4] On November 18, 2008, state court magistrate Mark Anderson, sitting in Sisseton, Roberts County, South Dakota, sentenced......read more.


Summary: 429 F. Supp. *920 Charles H. Whiting, Rapid City, S. D., William F. Clayton, U. S. Atty., Sioux Falls, S. D., John C. Farrar, Rapid City, S. D., for defendant. The above-entitled action may be broadly characterized as being based upon allegations that the various Defendants engaged in conspiracies, motivated by invidiously discriminatory animus directed at Plaintiff because of her race and her sex, to deprive Plaintiff of certain property rights she is alleged to have acquired during her marriag......read more.


Summary: 369 F. Supp. See Hanson v. North Star Mutual Insurance Co., 1999 DSD 334 ¶ 8, 71 F. Supp. 2d 1007, 1009-1010 (D.S.D.1999), Gardner v. Tripp County, 1998 DSD 38 ¶ 8, 66 F. Supp. 2d 1094, 1098 (D.S.D.1998), Patterson Farm, Inc. v. City of Britton, 1998 DSD 34 ¶ 7, 22 F. Supp. 2d 1085, 1088-89 (D.S.D.1998), and Smith v. Horton Industries, 1998 DSD 26 ¶ 2, 17 F. Supp.


Summary: 809 F. Supp. 738 (1992) Duane ROSS, Allen Ross, Sandra Fleury and Peggy Geffre, for themselves and others similarly situated, Plaintiffs, v. FLANDREAU SANTEE SIOUX TRIBE, d/b/a Flandreau Santee Sioux Tribe, Inc., and/or Royal River Casino; the Flandreau Santee Sioux Tribal Executive Committee; Vice-President, George Allen, Jr.; Secretary-Treasurer Sam Allen; Cheryl Redearth; Gordon Jones, Jr.; Manual Lujan, in his capacity as Secretary of the Interior, and the United States of America, Defendant......read more.


Summary: 102 B.R. 738 (1989) BANKWEST, INC., Appellant, v. UNITED STATES of America, By and Through the FARMERS HOME ADMINISTRATION, Appellee. Appellant BankWest, Inc. (BankWest) appeals a judgment determining relative priorities of interests in real estate entered on February 10, 1989 by the Honorable Irvin N. Hoyt, Chief Bankruptcy Judge for the District of South Dakota. BankWest contends that the bankruptcy court erred by concluding that appellee United States of America, through its agency the Farmer......read more.


Summary: 383 F. Supp. 894 (1940); Twin Cities Chippewa Tribal Council v. Minnesota Chippewa Tribe, 370 F.2d 529, 532 (8th Cir. 1965); Spotted Eagle v. Blackfeet Tribe of the Blackfeet Indian Reservation, 301 F. Supp. In Spotted Eagle v. Blackfeet Tribe of Blackfeet Indian Reservation, 301 F. Supp. Another case that dealt with the rights of an Indian against his tribe under 42 U.S.C.A. § 1981 et seq. is Seneca Constitutional Rights Organization v. George, 348 F. Supp. Post v. Payton, 323 F. Supp. We there......read more.


Summary: 166 F. Supp. 777 (1958) Paul M. LAWRENCE, Plaintiff, v. Virgil E. VAIL, Administrator of the Estate of Philip L. Wineman, Deceased, and Oliver W. Nelson, d/b/a Nelson Laboratories, Defendants. F. M. Smith (of Woods, Fuller, Shultz & Smith), Sioux Falls, S. D., for defendant Vail. Plaintiff, Paul M. Lawrence, a citizen of the State of Iowa, brings this action against defendants Virgil E. Vail, as administrator of the estate of Philip L. Wineman, deceased, and Oliver W. Nelson, d/b/a Nelson Labora......read more.