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Citation: 528 F. Supp. 728 | Docket No.: 77-83-C
Status: Published | Citing: 32
Summary: 528 F. Supp. This is an action by the Plaintiff to collect a penalty assessed against Defendant for discharging a harmful quantity of oil into an unnamed tributary of Caney Creek in Atoka County, Oklahoma, in violation of § 311(b)(3) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1321(b)(3). In support of its Motion for Summary Judgment, Plaintiff contends that in an action for collection of a civil penalty assessed pursuant to 33 U.S.C. § 1321(b)(6), the matter is su......read more.


Citation: 446 F. Supp. 906 | Docket No.: 75-276-C
Status: Published | Citing: 38
Summary: 446 F. Supp. 2d 8 (1960); McGoffin v. Sun Oil Co., 539 F.2d 1245, 1248 (10th Cir. 1976); Polin v. Dun & Bradstreet, Inc., 511 F.2d 875, 877 (10th Cir. 1975); Wyoming Construction Co. v. Western Casualty & Surety Co., 275 F.2d 97, 104 (10th Cir.) 2d 1011 (1960); Ziegler v. Akin, 261 F.2d 88, 90 (10th Cir. 2d 222 (1962); Polin v. Dun & Bradstreet, Inc., 511 F.2d 875, 877 (10th Cir. Plaintiffs rely on Clark v. Universal Builders, Inc., 501 F.2d 324 (7th Cir.)Plaintiffs also rely on Wirtz v. Mercant......read more.


Citation: 452 F. Supp. 170 | Docket No.: 76-130-C
Status: Published | Citing: 15
Summary: 452 F. Supp. 170 (1977) Richard GARDNER et al., Plaintiffs, v. F. Warren BENTON et al., Defendants. 2d 734 (1962); Shotkin v. Westinghouse Electric & Manufacturing Co., 169 F.2d 825 (10th Cir. See also Food Basket, Inc. v. Albertson's, Inc., 416 F.2d 937 (10th Cir. Paragraphs 31, 33 and 34 of the complaint allege that plaintiffs, due to their confinement in the east cellhouse, are denied the following privileges which are available to the general prison population: A. Plaintiffs' assigned jobs; ......read more.


Citation: 143 F. Supp. 445 | Docket No.: Crim. No. 25876
Status: Published | Citing: 3
Summary: 143 F. Supp. The defendant, James Roy Willingham, a rural mail carrier, was charged in the Justice of the Peace Court, Seminole County, Oklahoma, with a violation of the traffic laws of the State of Oklahoma. The United States Attorney, deeming the case removable under 28 U.S.C.A. § 1442, filed a petition asking a removal to this court and alleging as follows: "At the time and place of said alleged offense, your petitioner was an officer and employee of the United States of America acting under ......read more.


Citation: 361 F. Supp. 2d 1303 | Docket No.: 05-CIV-060-WH
Status: Published | Citing: 19
Summary: 361 F. Supp. Following the death of Bobby Masters, Lisa V. Smith ("Smith") was appointed Personal Representative of his estate by the Muskogee County District Court. The United States voluntarily intervened in the proceeding in state court in order to terminate Smith as the Personal Representative of the Estate of Bobby Masters ("Estate"). Before the Court are the United States' Response to the Court's Order to Show Cause[1] [Docket # 4] filed on February 17, 2005 and Lisa Smith's Motion to Rema......read more.


Citation: 442 F. Supp. 89 | Docket No.: 77-4-C
Status: Published | Citing: 4
Summary: 442 F. Supp. Plaintiff contends that it is entitled to summary judgment declaring that the insurance policy which it had issued to defendant Lancie Smith as the named insured did not provide liability coverage with respect to an accident which occurred subsequent to the divorce of Lancie Smith and Patricia Smith and while the car was being driven by a friend of Patricia Smith and with her permission. Plaintiff claims that the following material facts, which it says are undisputed, establish that......read more.


Citation: 614 F. Supp. 853 | Docket No.: 83-117-C
Status: Published | Citing: 34
Summary: 614 F. Supp. 853 (1985) Ramona ARNOLD, Plaintiff, v. CITY OF SEMINOLE, OKLAHOMA; Gene Price, Mayor of the City of Seminole; David Harris, City Manager, City of Seminole; Bill Jordan, Police Chief, City of Seminole; Lt. Larry Herdlitchka, Policeman, City of Seminole; all as individuals and in their official capacities, Defendants. Plaintiff Ramona Arnold brings this action pursuant to the provisions of Title VII of the Civil Rights Act of 1964 as amended (42 U.S.C. § 2000e, et seq.), Title 42 U.S......read more.


Citation: 446 F. Supp. 1179 | Docket No.: 77-245-C
Status: Published | Citing: 7
Summary: 446 F. Supp. See Bethea v. Crouse, 417 F.2d 504 (10th Cir. Defendants contend that the due process clause does not require a hearing under the circumstances alleged in the complaint, citing Meachum v. Fano, 427 U.S. 215, 96 S. Ct. 2532, 49 L. Ed. In the absence of such specificity, the court cannot assume that plaintiff has suffered the loss of a liberty or property interest sufficient to invoke the procedural safeguards of Wolff v. McDonnell, 418 U.S. 539, 94 S. Ct. 2963, 41 L. Ed. Because plai......read more.


Citation: 454 F. Supp. 40 | Docket No.: 77-208-C
Status: Published | Citing: 10
Summary: 454 F. Supp. Plaintiff admits that the purported service of process issuing out of the United States District Court in California and served on the defendants in Muskogee, Oklahoma was invalid but argue that valid service was obtained on defendants after the case was transferred to this court and well after the Oklahoma statute of limitations had run. 2d 1254 (1960); White v. Diamond, 390 F. Supp. 867 (D.C.Md.1974); Jones v. Valley Welding Supply Company, 303 F. Supp. Accord, Rixner v. White, 41......read more.


Citation: 110 F. Supp. 551 | Docket No.: Civ. No. 3040
Status: Published | Citing: 1
Summary: 110 F. Supp. [2] The Government seeks judgment against the defendant, sub-contractor, for the total amount of withholding taxes it was obligated as a matter of law to withhold,[3] and seeks judgment against the remaining defendants, the prime contractor, Pool Construction and its sureties for that amount of the taxes actually withheld by the sub-contractor, Zschach, for the payment of these taxes.


Citation: 447 F. Supp. 516 | Docket No.: Civ. A. No. 72-95
Status: Published | Citing: 24
Summary: 447 F. Supp. 516 (1977) Bobby BATTLE et al., a class action, Plaintiffs, United States of America, Plaintiff-Intervenor, v. Park ANDERSON, his successor Richard Crisp, Warden, Oklahoma State Penitentiary, McAlester, Oklahoma, and his successor, J. M. Sunderland, Warden, Oklahoma State Reformatory, Granite, Oklahoma, and his successor, Department of Corrections, F. Warren Benton, Director, his successor, and the current State Board of Corrections, Frank E. Carey, Jr., President, Leroy W. Kirk, Pa......read more.


Citation: 438 F. Supp. 2d 1318 | Docket No.: 06 CV 046 WH
Status: Published | Citing: 1
Summary: 438 F. Supp. Order Before the Court are Defendant Quinton Public Schools' ("Defendant School District's") motion to dismiss Plaintiffs' state tort claims or alternatively for summary judgment [Docket No. 7] and Defendant J. David Smith's ("Defendant Smith's") motion to dismiss Plaintiffs' state tort claims [Docket No. 9].


Citation: 913 F. Supp. 1503 | Docket No.: CR-95-003-S, CR-95-014-S
Status: Published | Citing: 19
Summary: 913 F. Supp. The house is not within the limits of an Indian reservation, and the real property is a former Indian allotment which is no longer restricted, title to the property having been conveyed to the Cherokee Nation Housing Authority (CNHA), a state agency. The house is located in an area the government calls "Rocky Mountain" in Adair County, Oklahoma. Federal jurisdiction, pursuant to 18 U.S.C. § 1153, is based upon the allegation in each of those counts that the defendant Adair committed......read more.


Citation: 847 F. Supp. 863 | Docket No.: 93-252-S, 93-514-S
Status: Published | Citing: 22
Summary: 847 F. Supp. This is a consolidated action brought by plaintiffs against defendant, Sequoyah Fuels Corporation ("SFC"), pursuant to the provisions of the Worker Adjustment and Retraining Notification Act (the "WARN Act"), 29 U.S.C. §§ 2101-2109. All plaintiffs were formerly employed by SFC at its commercial uranium conversion plant in Gore, Oklahoma, prior to the closing of the plant on November 30, 1992.[1] Plaintiffs seek to recover backpay and benefits from SFC based on their contention that ......read more.


Citation: 677 F. Supp. 1120 | Docket No.: 87-337-C, 87-354-C, 87-393-C, 87-394-C, 87-396-C, 87-398-C and 87-466-C to 87-489-C
Status: Published | Citing: 32
Summary: 677 F. Supp. Paul F. Figley, Asst. Director, Sally J. Stolper, Trial Atty., U.S. Dept. of Justice, Torts Branch, Civ. Defendant ETI's truck was carrying ten 2,000-pound bombs manufactured in McAlester, Oklahoma and being transported to North Carolina for the United States under a contract entered into between the Department of Defense's Military Traffic Management Command and ETI in May, 1985. The plaintiffs bring their actions under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), alleg......read more.


Citation: 482 F. Supp. 351 | Docket No.: 78-104-C
Status: Published | Citing: 16
Summary: 482 F. Supp. In this regard, the Medical Care Recovery Act, 42 U.S.C. §§ 2651-2653, provides in pertinent part: (a) In any case in which the United States is authorized or required by law to furnish hospital, medical, [or] surgical . . . treatment . . . to a person who is injured . . . after the effective date of this Act, under circumstances creating a tort liability upon some third person . . . to pay damages therefore, the United States shall have a right to recover from said third person the......read more.


Citation: 158 F. Supp. 2d 1278 | Docket No.: CIV-00-650-S
Status: Published | Citing: 22
Summary: 158 F. Supp. Specifically, Defendant contends counsel's lack of experience in the area of civil rights litigation warrants a reduction of the requested hourly rates to $125-150 per hour for Neff and $90-100 per hour for Messer. 2d 40 (1983); Phelps v. Hamilton, 120 F.3d 1126, 1129 (10th Cir.1997); Ellis v. University of Kansas Medical Center, 163 F.3d 1186, 1193 (10th Cir.1998). Ramos v. Lamm, 713 F.2d 546, 552 (10th Cir.1983) (quoting Hensley, 461 U.S. at 433, 103 S. Ct. 1933). 2d 67 (1984); Ra......read more.


Citation: 904 F. Supp. 1262 | Docket No.: CR-95-35-S
Status: Published | Citing: 26
Summary: 904 F. Supp. In response, the government contends the court's exercise of jurisdiction over the charged offenses is proper as the criminal conduct occurred at the Choctaw Nation tribal complex, the title to which is held by the United States of America in trust for the Choctaw Nation.Pursuant to an August 6, 1976, lease agreement (Government's Exhibit No. 8) with the Choctaw Nation, the Historical Association operates its museum and headquarters in buildings located on the tribal complex propert......read more.


Citation: 175 F. Supp. 193 | Docket No.: Civ. No. 4608
Status: Published | Citing: 8
Summary: 175 F. Supp. 193 (1959) Malinda McMillen FRANKS, by and through her mother and next friend, Clara McMillen, Plaintiff, v. CITY OF OKEMAH, OKLAHOMA, Wiley Edward Brewer, Howard Bennett, and James H. McMillen, Defendants, State Farm Mutual Automobile Insurance Company, Garnishee. Thereupon, the attorney for plaintiff filed an affidavit for garnishment, pursuant to the law of the State of Oklahoma, which affidavit is as follows: "J. I. Pitchford, being first duly sworn, says that he is one of the a......read more.


Citation: 550 F. Supp. 2d 1285 | Docket No.: Case No. CIV-06-002-SPS
Status: Published | Citing: 33
Summary: (2006) RAY LINDSEY, Plaintiff, v. BOB THOMPSON; DEPUTY EARL; HEALDTON OKLAHOMA POLICE DEPARTMENT; WILSON, OKLAHOMA POLICE DEPARTMENT; CARTER COUNTY SHERIFF'S DEPARTMENT; DEPUTY HOSS; JACK THOMPSON'S MAINTENANCE MAN, also believed to be Healdton OK police department; AMBER; CHIEF BRIAN HUCKABEE; CARYLIN DUNN'S FAMILY, believed to be her brothers; QUILTY AUTO PARTS; CHUCK; KENO; BROWNS DIXIE MAFIA CRIME FAMILY; CLUDE WOODS; JOE and KIM AYCOX; THOMPSON'S MAFIA CRIME FAMILY; CERTAIN FEDERAL AND STAT......read more.