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Summary: 257 F. Supp. At the March 1964 term of the Alamance County, North Carolina, Superior Criminal Court Hubert Creighton, the petitioner, was convicted of "Unlawfully Entering a Building Without Intent to Commit a Felony" and was sentenced to a period of incarceration of two years. The first (on March 8, 1964) was tried in the Durham County Recorders Court on March 10, 1964, and petitioner was sentenced to six months in jail, "this sentence to begin at the end of the present sentence" (for unlawful ......read more.


Summary: 644 F. Supp. 221 (1986) William L. MEYER, Head, Solid and Hazardous Waste Management Branch, North Carolina Department of Human Resources, Plaintiff, v. UNITED STATES COAST GUARD; James S. Gracey, individually and as Commandant, United States Coast Guard, Defendants.


Summary: 783 F. Supp. United States v. Southerly Portion of Bodie Island, 114 F. Supp. H.J. Inc. v. Northwestern Bell Telephone Co., 648 F. Supp. Spell v. McDaniel, 591 F. Supp. In support of its contention, the FDIC cites FSLIC v. Burdette, 718 F. Supp. See Federal Deposit Insurance Corp. v. Baker, 739 F. Supp. 1401 (C.D.Cal.1990) (court held that defendant directors and officers of a failed savings and loan could not maintain affirmative defenses against FDIC, such as a failure to mitigate damages, sin......read more.


Summary: 704 F. Supp. In each of these cases the United States of America, as petitioner, has filed a motion for authority to involuntarily treat and medicate the respondent who is being held at the Federal Correctional Institution in Butner, North Carolina, (Butner) pursuant to orders of this court entered under the authority of 18 U.S.C. § 4246. Following the decision of the United States Court of Appeals for the Fourth Circuit in United States v. Michael Francis Charters, Jr., 829 F.2d 479 (1987), all......read more.


Summary: 401 F. Supp. CONCLUSIONS OF LAW The Indictment charges the defendant with the use of the United States mails in furtherance of a scheme and artifice to defraud purchasers of cigarettes and the governments of the states wherein they reside, in violation of Title 18, United States Code, Section 1341. The purpose of the mail fraud statute has been described by the United States Supreme Court in these words: . . . Congress enacted § 1341 forbidding and making criminal any use of the mails `for the p......read more.


Summary: 597 F. Supp. Plaintiff seeks relief from all defendants under Title VII of the Civil Rights Act of 1964 ("Title VII") for sex discrimination or retaliation (counts one, two, three, five), from certain defendants under North Carolina state law (counts four, six, seven, and nine), and from the corporate defendants, Nuckolls, and Davis under 42 U.S.C. § 1985(3) (count eight). 2d 929 (2007); Giarratano v. Johnson, 521 F.3d 298, 302 (4th Cir.2008). Sept. 24, 1999) (per curiam) (unpublished); Lissau v......read more.


Summary: 314 F. Supp. 2d 555 (2004) MARKER & ASSOCIATES, INC., et al, Plaintiff, v. J. ALLAN HALL & ASSOCIATES, Defendant. This matter is before the court on defendant's motion for summary judgment and on defendant's motion to offer additional authority. STATEMENT OF THE CASE Plaintiff filed its complaint in Wake County Superior Court, North Carolina, on June 27, 2002, alleging: (1) breach of contract; (2) constructive fraud; and (3) unfair *557 and deceptive trade practices in violation of N.C. Gen.Stat......read more.


Summary: 409 F. Supp. 2d 660 (2006) NUVOX COMMUNICATIONS, INC. and NEWSOUTH COMMUNICATIONS CORP., Plaintiffs, v. NORTH CAROLINA UTILITIES COMMISSION; Jo Anne Sanford, Chairman, J. Richard Conder, Commissioner, Robert V. Owens, Jr., Commissioner, Sam J. Ervin, IV, Commissioner, Lorinzo L. Joyner, Commissioner, James Y. Kerr, II, Commissioner, and Michael F. Wilkins, Commissioner (in their official capacities as Commissioners of the North Carolina Utilities Commission); and Bellsouth Telecommunications, In......read more.


Summary: 959 F. Supp. 721 (1997) Vivian SPENCER, Ruth Fordon, Margaret Cookus and Bertil Kurth, Plaintiffs, v. HYDE COUNTY and The Hyde County Board of Commissioners, Defendants. STATEMENT OF THE CASE During all times relevant to this litigation, plaintiffs worked as emergency medical technicians ("EMTs") on Ocracoke Island in Hyde County, North Carolina. Plaintiffs filed their complaint on March 28, 1996, against defendants Hyde County and the Hyde County Board of Commissioners (collectively, "Hyde Coun......read more.


Summary: 106 F. Supp. As stated in Union Marine Insurance Co. v. Stone & Co., 7 Cir., 15 F.2d 937, 939: "The words `all other perils, losses, and misfortunes' cannot enlarge the perils insured against. Klein v. Globe & Rutgers Fire Insurance Co., 3 Cir., 2 F.2d 137, 140: "`Even though a vessel is shown to be seaworthy immediately prior to sinking, no presumption exists that the water entered her hold as the result of a "sea peril."'" 101; Brown v. Jerome, 9 Cir., 298 F. 1; Ætna Insurance Co. v. Sacrament......read more.


Summary: 593 F. Supp. 13 (1983) FLAV-O-RICH, INC., Plaintiff, v. NORTH CAROLINA MILK COMMISSION, and Its Members, etc., Defendants. Plaintiff, Flav-O-Rich, Inc., a milk processor-distributor, brought this action against the North Carolina Milk Commission and its members for declaratory and injunctive relief for violations of Section 1 of the Sherman Act, 15 U.S.C. § 1.On November 10, 1981, auditors from the Milk Commission requested Flav-O-Rich's Durham Division Office to disclose information on cost and......read more.




Summary: 699 F. Supp. 1167 (1988) FIRST FINANCIAL SAVINGS BANK, INC.; Home Savings and Loan Association; Pioneer Savings Bank; Richmond Federal Savings and Loan Association; Builders Federal Savings and Loan Association; Edgecombe Homestead and Loan Association; First Federal Savings and Loan Association of Pitt County; Preferred Savings Bank; Albemarle Savings and Loan Association; Gate City Federal Savings and Loan Association; Home Federal Savings and Loan Association of Kings Mountain; and First Caro......read more.


Summary: 19 F. Supp. Defendant has moved to dismiss plaintiff's complaint pursuant to Rules 12(b)(1), (2) and (6) of the Federal Rules of Civil Procedure, asserting that the Eleventh Amendment to the United States Constitution bars plaintiff's ADA claim and that plaintiff has failed to state a claim under the ADA. Revene v. Charles County Comm'rs, 882 F.2d 870, 872 (4th Cir.1989). *502 The issue before the court is whether Congress, in enacting the ADA and attempting to abrogate the States' immunity from......read more.


Summary: 881 F. Supp. The basis for defendants' Motion for Summary Judgment is that, as store manager, plaintiff was a bona fide executive employee, exempt from § 207 pursuant to 29 U.S.C. § 213(a)(1). Shockley v. City of Newport News, 997 F.2d 18, 26 (4th Cir.1993). Foremost Dairies, Inc. v. Wirtz, 381 F.2d 653, 656 n. 4 (5th Cir.1967) (employer invoking wage plan exception has burden of affirmatively showing that each essential condition to the exception is met), cert. Wirtz v. Jernigan, 405 F.2d 155, ......read more.


Summary: 317 F. Supp. In the complaint it was alleged that neither the State of North Carolina, nor any political subdivision, has instituted any action with respect to Chapter 1039 in the United States District Court for the District of Columbia, as contemplated by § 5 of the Act, and that Chapter 1039 was not submitted to the Attorney General of the United States in accordance with the provisions of § 5 of the Act. At the trial an affidavit of Mr. Alex K. Brock, the Executive Secretary of the State Boa......read more.


Summary: 637 F. Supp. 101 (1986) Dennis MARTIN, Administrator of the Estate of David Martin, Deceased, and Anna Dell Watts, Plaintiffs, v. INTERNATIONAL DRYER CORPORATION, United Technologies Corporation, Essex Group, Inc., Hamilton Standard Controls, Inc., and Fenwal Incorporated, Defendants. Community Nutrition Institute v. Block, 698 F.2d 1239, 1244 (D.C. Cir.1983), rev'd on other grounds, 467 U.S. 340, 104 S. Ct. 2450, 81 L. Ed. That section provides in pertinent part: "Any person who shall sustain i......read more.


Summary: 623 F. Supp. Plaintiff Glaxo commenced an action in this court on November 14, 1985, for declaratory and injunctive relief against the Secretary of Health and Human Services and the Commissioner of Food and Drugs. Glaxo seeks relief in federal court in anticipation of the Food and Drug Administration (FDA) approving an application by defendant Lilly, a competitor of Glaxo, to market an antibiotic drug named Tazidime. On November 13, 1985, the FDA denied Glaxo's request for interim relief and ann......read more.


Summary: 470 F. Supp. MEMORANDUM OPINION and ORDER LARKINS, Chief Judge: This action consists of 4 (four) counts alleging that the Defendant has violated the Federal Truth-in-Lending Act, 15 U.S.C. § 1601, et seq.; alleging that the Defendant has violated the North Carolina Retail Installment Sales Act, Chapter 25A, Article 1 of N.C.G.S. The Plaintiffs have submitted their MOTION FOR SUMMARY JUDGMENT pursuant to Rule 56 of the Federal Rules of Civil Procedure, for an entry of Summary Judgment in their fa......read more.


Summary: 123 B.R. 540 (1991) Ernest C. RICHARDSON, III, Trustee in Bankruptcy for Martin Schwarz, Appellee, v. TIAA/CREF, Appellant. This matter is before the court on appeal by the Teachers Insurance and Annuity Association of America and the College Retirement Equities Fund (hereafter "TIAA/CREF") from the bankruptcy court's order of 20 June 1990 in which the court held that funds in two supplemental retirement annuities belonging to the debtor were property of the estate pursuant to 11 U.S.C. § 541(a)......read more.