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Summary: 241 F. Supp. Defendant contends that plaintiff's cause of action is one arising out of assault, battery, false imprisonment, or false arrest, and is barred by section 2680 [h] of Title 28 U.S.C., which excludes the following types of claims from the provisions of the Federal Tort Claims Act: "Any claim arising out of assault, battery, false imprisonment, false arrest * * *." In discussing plaintiff's contention that defendant's acts constituted negligence, rather than assault and battery, the co......read more.


Summary: 61 F. Supp. The defendant, Atlantic Greyhound Corporation, bases its motion upon two general grounds: (1) That the complaint as implemented by the bill of particulars does not sufficiently allege that it is employer of the employees who it is claimed were underpaid; and (2) that such employees were not engaged in commerce or in the production of goods for commerce within the meaning of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. As to employers of office building employees see Greenb......read more.


Summary: 55 F. Supp. On September 16th, the master and various members of the crew and others filed a libel claiming preferred maritime liens for wages, services and advancements and supplies. Considerable time having elapsed since the first libel was filed, it was realized that this litigation might be considerably protracted in view of the fact that there are many conflicting claims among the various owners of the cargo, the holder of the mortgages, the master and crew, various parties with claims for ......read more.


Summary: 21 F.2d 333 (1927) SOUTHERN RY. *334 S. R. Prince and John B. Hyde, both of Washington, D. C., F. G. Tompkins, of Columbia, S. C., and Nath B. Barnwell, of Charleston, S. C., for plaintiff. The nature and purposes of this act and its proper construction and interpretation are admirably and comprehensively set forth by Mr. Justice Marion of the Supreme Court of South Carolina in Santee Mills v. Query et al., 122 S. C. 158, 115 S.E. 202; and it is unnecessary to restate them here. It is sufficient......read more.


Summary: 126 F. Supp. The action was brought by plaintiff in the Court of Common Pleas for Richland County, South Carolina, against Southern Bell Telephone and Telegraph Company to recover damages in the sum of $19,817.63, which plaintiff alleges it sustained as a result of the defendant's breach of a contract for the publishing of an advertisement of the plaintiff in the May, 1951 issue of defendant's Telephone Directory for Columbia, South Carolina. The action was removed to the United States District ......read more.


Summary: 14 F. Supp. The petition for removal sets forth that the defendant has been required by reason of the assertion of the claim of the plaintiff for disability benefits to establish and has established and will be required to maintain against liability on account of the disability provision in each policy of insurance a reserve of $1,550.56, and if the plaintiff prevails in this action will be required to waive the annual premiums on each policy of insurance aggregating $117.08, and to pay $25 per ......read more.




Summary: 181 F. Supp. I have for consideration objections to the Special Master's Report in this case, which was brought to restrain what the *342 plaintiff contended were violations by the defendant of the Fair Trade Statute of South Carolina (Sections 66-91 through 66-95 of the South Carolina Code of Laws 1952). As may be seen, by reference to the record herein, the Court, on plaintiff's motion, granted a preliminary injunction enjoining the defendant from selling Bulova products for less than the Fair......read more.


Summary: 29 F. Supp. These actions were instituted in the Court of Common Pleas for Jasper County, South Carolina; and plaintiffs, for the purpose of obtaining service on the defendant in Pennsylvania, resorted to the provisions of Section 437, Code of Laws of South Carolina, 1932, by service of process on the Chief of the Motor Vehicle Division of the State Highway Commission; who thereupon, in conformity with the Act, sent copies by registered mail to the defendant and obtained his registry receipt the......read more.


Summary: 42 F.2d 524 (1930) THE SHREVEPORT. This is a suit against the steamship Shreveport for salvage services. The original libel was filed by the Strachan Shipping Company, as charterer, on behalf of itself and of the master, crew, and owner of the steamship Mariners Harbor against the Shreveport. At the time of the salvage services she was under charter from her owner to the Strachan Shipping Company; had a crew of 28 altogether, including captain, officers, and men; and was on a voyage from Norfolk......read more.


Summary: 139 F. Supp. 103 (1956) William H. BLACKWELL, as Guardian ad Litem for Stuart Nerzig, an infant, Plaintiff, v. VANCE TRUCKING COMPANY, Incorporated, Defendant. William H. Blackwell is an attorney who is a citizen and resident of South Carolina and the complaint alleges that he has been duly appointed by this court as the guardian ad litem to represent Nerzig, an infant. The counter contention of the plaintiff may be summed up in the following language from a brief submitted by his counsel: "The ......read more.


Summary: 18 F.2d 599 (1927) PHILADELPHIA LIFE INS. The substance of the bill is that one Richard F. Wright on June 10, 1924, applied to the plaintiff for insurance on his life in the sum of $10,000, to be issued in two policies, payable to his sister, Sallie W. Burgess, one of the defendants herein; that thereafter two policies, Nos. 80922 and 80923, were issued, both being dated July 1, 1924; that thereafter, pursuant to the conditions contained in policy No. 80923, the insured revoked the payment to th......read more.


Summary: 76 F. Supp. Opinion The most recent controlling decision of the Supreme Court expounding and explaining the proper application of taxes under the social security act is in the case of United States v. Silk, 331 U.S. 704, 67 S. Ct. 1463. The plaintiff argues at length that this case is similar to and should be governed by Magruder v. Yellow Cab Co., 141 F.2d 324, 152 A.L.R. 516, decided in 1944 by the Circuit Court of Appeals for the Fourth Circuit. But an examination of the facts in that case, a......read more.


Summary: 42 F. Supp. While the complaint in this cause alleges in general terms that the plaintiff, and those for whom he sues, are engaged in interstate commerce and in the production of goods for interstate commerce, the allegations so alleging must be taken in connection with the other allegations of the complaint where plaintiff attempts to particularize the duties of the employees involved in this controversy, and to state in what manner they are engaged in interstate commerce and in the production ......read more.


Summary: 15 F.2d 700 (1926) In re CUNNINGHAM. See, also, McCrae v. Felder (C. C. A. 4th) 12 F. (2d) 554, 557. Holden v. Stratton, supra; Burlingham v. Crouse, supra; In re Young (D. C.) 208 F. 373; In re Morse (D. C.) 206 F. 351; In re Carlon (D. C.) 189 F. 822; In re Orear (C. C. A. 8th) 189 F. 888, 111 Cow. C. A. 150; In re Johnson (D. C.) 176 F. 592; In re Pfaffinger (D. C.) 164 F. 527; In re Booss (D. C.) 154 F. 494; In re Whelpley (D. C.) 169 F. 1019.


Summary: 6 F.2d 905 (1925) Ex parte MOORE. July 17, 1925. *906 F. L. Willcox, of Florence, S. C., for petitioner. S. A. Moore, as receiver of the First National Bank of Florence, filed a petition under the provisions of section 5234 of the Revised Statutes, as amended May 15, 1916 (39 Stat. The purchasing bank is to have full authority to sell, collect, or compound such unacceptable assets without submitting to the court such propositions for sale or compounding thereof as may be made from time to time. ......read more.


Summary: 233 F. Supp. 510 (1964) Norman P. HANNA and C. Eugene Donnelly, Executors of the Estate of Blanche D. Hanna, Deceased, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. J. Ed HANNA, Administrator, Estate of Norman P. Hanna, Deceased, Plaintiff, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY and State Farm Mutual Automobile Insurance Company, Defendants. Subsequently the defendant issued its automobile liability policy No. 613 423-C05-40 in which Glennie S. Miller was the na......read more.


Summary: 117 F. Supp. The facts are as follows: At the Parris Island Marine Corps establishment, there was an organization known as the Commissioned Officers' Mess which was organized in accordance with regulations promulgated by the United States Marine Corps.


Summary: 83 F. Supp. This is a suit to set aside and enjoin an order of the Interstate Commerce Commission granting to Associated Petroleum Carriers a certificate of public convenience and necessity to operate as a common carrier by motor vehicle, in interstate or foreign commerce, of petroleum products, in bulk in tank trucks over irregular routes, from Wilmington, Fayetteville, Morehead City and New Bern, N. C., Charleston, S. C., Savannah, Ga., and terminals in Georgia, North Carolina and South Caroli......read more.


Summary: 233 F. Supp. 1135; Scroggin *669 Farms Corporation v. McFadden, 8 Cir., 165 F.2d 10; Burks v. Texas Co., 5 Cir., 211 F.2d 443; Johnson v. Fredrick, 8 Cir., 9 F.R.D. 616. McNutt v. General Motors Acceptance Corp. supra; In Re: Chaney, 39 F. Supp. Scot Typewriter Co., Inc. v. Underwood Corporation, D.C., 170 F. Supp. 862; see also Wear-Ever Aluminum, Inc. v. Sipos, 184 F. Supp.