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Citation: 21 F. Supp. 2d 1228 | Docket No.: CS-95-543-JLQ, CR-91-055-JLQ
Status: Published | Cited By: 10 Primary Sources | Citing: 26
Summary: 21 F. Supp. On July 30, 1966, the court dismissed Mr. Karr's Amended Petition Without Prejudice for failure to exhaust his state remedies as to the April 11, 1996 conviction, as required by the holding in Rose v. Lundy, 455 U.S. 509, 102 S. Ct. 1198, 71 L. Ed. Rather than filing a reply, Mr. Karr has now filed a Motion for Order to Stay Proceedings (Ct.Rec.87); Motion for Relief from Judgment pursuant to Rule 60(b) of the Federal Rules of Civil Procedure (Ct.Rec.88); Motion for Leave to Amend (C......read more.


Citation: 339 F. Supp. 2d 1119 | Docket No.: C03-5427 RBL
Status: Published | Cited By: 10 Primary Sources | Citing: 3
Summary: 339 F. Supp. 2d 1119 (2004) UNITED STATES; and Technical Plastics Group, LLC, f/k/a Quest Acquisitions, LLC, an Illinois limited liability company, Plaintiffs, v. OLD PLASTICS COMPANY, INC., f/k/a Precision Laboratory Plastics, Inc., a Washington corporation; the AHS Trust, a Belize Trust; and the Smith Family Trust, a Washington Trust, Defendants. Old Plastics has now moved for summary judgment and has agreed to transfer the promissory note to the United States — less the setoff contained in th......read more.


Citation: 104 B.R. 356 | Docket No.: C-88-310-RJM, 88-499-RJM and 88-501-RJM
Status: Published | Cited By: 10 Primary Sources | Citing: 17
Summary: 104 B.R. 356 (1989) In re Kenneth D. OXBORROW d/b/a Wheatland Investment Company, Wheatland Supply, Inc., a Washington corporation Debtors. Doug BERG, Stan Welch, et ux., et al., Appellants, v. Joseph A. ESPOSITO and John G. Layman, Co-Trustees of the Estate of Kenneth D. Oxborrow Appellees. FACTS On September 28, 1984, debtor Kenneth D. Oxborrow filed for bankruptcy reorganization under Chapter 11 of the Bankruptcy Code, 11 U.S.C. §§ 1101-1174, leaving some 800 creditors to fight over what rema......read more.


Citation: 163 F. Supp. 907 | Docket No.: 1127
Status: Published | Cited By: 10 Primary Sources | Citing: 15
Summary: 163 F. Supp. An Act of Congress authorized the Secretary of the Interior, in his discretion, to permit removal from government lands such as the Potholes pit of sand and gravel, with or without competitive bidding, and the authority was delegated and redelegated so as to vest the same in P. R. Nalder, District Manager of the Columbia Basin Project. The plaintiff was permitted to operate just as though he had a formal permit, and, in effect, did have a permit to extract free of charge and to proc......read more.


Citation: 350 F. Supp. 2d 871 | Docket No.: CV-91-3015-WFN
Status: Published | Cited By: 10 Primary Sources | Citing: 30
Summary: 350 F. Supp. This Order relates to: All Cases At the tenth status conference on October 28, 2004, the Court reserved ruling on Plaintiffs' Motion for Summary Judgment — Abnormally Dangerous Activity, filed September 9, 2004 (Ct.Rec.1564). I. DISCUSSION The Plaintiffs' Motion requires the Court to determine whether the chemical separation that occurred in the Hanford plutonium production process is an abnormally dangerous activity. If the activity is abnormally dangerous then the Defendants may b......read more.


Citation: 401 F. Supp. 2d 1136 | Docket No.: CR-05-2099-RHW-8
Status: Published | Cited By: 10 Primary Sources | Citing: 19
Summary: 401 F. Supp. The Indictment also charges that certain Defendants were engaged in a conspiracy to traffic in contraband cigarettes between Idaho and Washington, and did traffic in contraband cigarettes between Idaho and Washington, in violation of the Contraband Cigarette Trafficking Act, 18 U.S.C. §§ 371, 2342(a), & 2 ("CCTA"). Second, he states that the CCTA does not abrogate the treaty right to travel, given to him as a member of the Confederated Tribes and Bands of the Yakama Nation (the "Yak......read more.


Citation: 257 F. Supp. 2d 1290 | Docket No.: CS-01-0278-EFS
Status: Published | Cited By: 10 Primary Sources | Citing: 29
Summary: 257 F. Supp. 2d 1290 (2003) In re WASHINGTON STATE APPLE ADVERTISING COMMISSION No. The Washington State Apple Advertising Commission ("the Commission")[1] was represented at the hearing James M. Danielson, and Peter A. Spadoni. As a result of the Court's rulings herein, the Court enters complete summary judgment dismissing the Commissions' claims, and enters partial summary judgment granting declaratory relief that the Commission's collection of assessments is unconstitutional. The statutory st......read more.


Citation: 417 F. Supp. 46 | Docket No.: C-76-6
Status: Published | Cited By: 10 Primary Sources | Citing: 24
Summary: 417 F. Supp. See also, 42 U.S.C. § 4321, Daly v. Volpe, 376 F. Supp. 1971) and Northside Tenants' Rights Coalition v. Volpe, 346 F. Supp. D.C. 33, 449 F.2d 1109, 1115 (1971); Lathan v. Volpe, supra; Greene County Planning Board v. Federal Power Commission, 455 F.2d 412, 422-423 (2d Cir.)2d 243 (1972); Lathan v. Volpe, 350 F. Supp. Specifically, they assert that the EIS prepared for the project failed to comply with NEPA in the following particulars: (1) that the EIS failed to incorporate a cost-......read more.


Citation: 230 B.R. 172 | Docket No.: CY-97-3071-EFS, Bankruptcy No. 88-00205-R32, Adversary No. A95-0078-R32
Status: Published | Cited By: 10 Primary Sources | Citing: 8
Summary: 230 B.R. 172 (1999) In re Rudy BOSSERT, Debtor. United States of America, Appellant, v. Rudy Bossert, Appellee. Relying on In re Bossert, 201 B.R. 553 (1996), the court reasoned that the nondischargeability section of Chapter 12 would be inapplicable, since the tax debt was paid before discharge was entered as required.


Citation: 834 F. Supp. 336 | Docket No.: CS-93-219-FVS
Status: Published | Cited By: 10 Primary Sources | Citing: 23
Summary: 834 F. Supp. Shute v. Carnival Cruise Lines, 897 F.2d 377, 379 (9th Cir.1990), rev'd on other grounds, 499 U.S. 585, 111 S. Ct. 1522, 113 L. Ed. Rano v. Sipa Press, Inc., 987 F.2d 580, 587 n. 3 (9th Cir.1993); Shute, 897 F.2d at 379.Co. v. Neaves, 912 F.2d 1062, 1065 (9th Cir.1990). See Data Disc, Inc. v. Systems Technology Associates, Inc., 557 F.2d 1280, 1286 (9th Cir.1977); Amba Marketing Systems, Inc. v. Jobar International, Inc., 551 F.2d 784, 787 (9th Cir.1977). Amoco Egypt Oil Co. v. Leon......read more.


Citation: 820 F. Supp. 1265 | Docket No.: CY-92-144-AAM
Status: Published | Cited By: 10 Primary Sources | Citing: 29
Summary: 820 F. Supp. On March 8, 1993 the court heard oral argument on Defendant United States' Motion to Dismiss Plaintiffs' First Amended Complaint, Ct. Accordingly, the court is granting Westinghouse's motion to dismiss to the extent it is based on section 113(h) of Superfund. Plaintiffs contend that the releases have not been properly reported under provisions of the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, a......read more.


Citation: 811 F. Supp. 1459 | Docket No.: CS-92-337-FVS
Status: Published | Cited By: 10 Primary Sources | Citing: 35
Summary: 811 F. Supp. EEOC v. Recruit U.S.A., Inc., 939 F.2d 746, 752 (9th Cir. Court, 840 F.2d 701, 704 (9th Cir.1988)). Chicago Transit Authority v. Flohr, 570 F.2d 1305, 1308 (7th Cir. See Burlington Northern Railroad Co. v. Montana, 880 F.2d 1104, 1105 (9th Cir.1989). Co. v. Hapeville, 779 F. Supp. 601, 602 (N.D.Ga.1991); CSX Transp., Inc. v. Tullahoma, 705 F. Supp. (quoting Consolidated Rail Corp. v. Pennsylvania Public Utilities Comm'n, 536 F. Supp. Although one of the explicit purposes of the FRSA......read more.


Citation: 899 F. Supp. 503 | Docket No.: CS-95-248-RHW
Status: Published | Cited By: 10 Primary Sources | Citing: 13
Summary: 899 F. Supp. Plaintiffs' claims for relief are presently stated as: (1) Defendants engaged in age discrimination in violation of 29 U.S.C. § 621 et seq.; (2) Defendant K-Mart is vicariously liable for actions of Defendant Nollmeyer pursuant to the doctrine of respondeat superior; (3) Defendants were negligent; (4) Defendants committed the tort of outrage; (5) Defendant K-Mart was guilty of negligent retention and supervision of Defendant Nollmeyer; (6) Defendants' willful conduct violated the Wa......read more.


Citation: 65 F. Supp. 2d 1129 | Docket No.: CY-98-3011-EFS
Status: Published | Cited By: 10 Primary Sources | Citing: 52
Summary: 65 F. Supp. 2d 1129 (1999) COMMUNITY ASSOCIATION FOR RESTORATION OF THE ENVIRONMENT (CARE), a Washington non-profit corporation, Plaintiff, v. HENRY BOSMA DAIRY, a Washington proprietorship, aka Hank Bosma Dairy, aka Bosma Dairy, aka H & M Dairy, aka H & S Bosma Dairy, aka B & M Dairy; Liberty Dairy, a Washington proprietorship; Henry Bosma, owner and operator of Henry Bosma Dairy and Liberty Dairy; and Bosma Enterprises, a Washington corporation, Defendants. Defendants Henry Bosma Dairy, Libert......read more.


Citation: 504 F. Supp. 2d 1043 | Docket No.: CV-07-5001-LRS
Status: Published | Cited By: 10 Primary Sources | Citing: 23
Summary: 504 F. Supp. Plaintiffs allege that "[i]n order to accomplish this anticompetitive purpose, APW and/or its individual members solicited and obtained agreements from [Defendants] Dr. Rado[2], Kadlec, and other coconspirators to utilize the Medical Staff procedures in a manner contrary to their purposes, contrary to the Bylaws and Fair Hearing Plan of the said Medical Staff, all in bad faith, to exclude Dr. Perry from practice at Kadlec and in the Richland and/or Tri-City Area of Washington." Bali......read more.


Citation: 605 F. Supp. 2d 1142 | Docket No.: CV-07-224-JLQ
Status: Published | Cited By: 10 Primary Sources | Citing: 44
Summary: 605 F. Supp. Defendant's Motion to Exclude the Testimony of Plaintiffs' Expert Witness Frank Gardner (Ct. Defendant's Motion to Exclude Testimony of Plaintiffs' Expert Witness William Sawyer (Ct. I. INTRODUCTION Neil Henricksen ("Henricksen"), a former gasoline tanker truck driver, and his wife brought suit against the Defendant (among others), ConocoPhillips (Defendant or "Conoco"), alleging that Henricksen's acute myelogenous leukemia (AML) was caused by his occupational exposure to benzene an......read more.


Citation: 544 F. Supp. 1034 | Docket No.: C-82-223 RJM, C-82-230 RJM, C-82-231 RJM, C-82-239 RJM, C-82-240 RJM, C-82-283 RJM and C-82-354 RJM
Status: Published | Cited By: 10 Primary Sources | Citing: 55
Summary: 544 F. Supp. The Honorable Kenneth EIKENBERRY, as Attorney General of the State of Washington, in his representative capacity only; Donald C. Brockett, Prosecuting Attorney of Spokane County, in his representative capacity only; and James Sloane, Spokane City Attorney, in his representative capacity only, Defendants. J-R DISTRIBUTORS, INC., Plaintiff, v. Kenneth EIKENBERRY, in his official capacity as Attorney General for the State of Washington; Donald C. Brockett, in his official capacity as P......read more.


Citation: 689 F. Supp. 1032 | Docket No.: C-82-412 RJM, C-85-87 RJM
Status: Published | Cited By: 10 Primary Sources | Citing: 1
Summary: 689 F. Supp. *1033 Eugene I. Annis of Lukins & Annis, Spokane, Wash., William F. Boyd of Evans, Keane, Koontz, Boyd and Ripley, Kellogg, Idaho, for defendants. In Gulf Oil, the Supreme Court held that routine orders which restrict communications between putative class members and plaintiffs' counsel were contrary to the purposes of Rule 23, Fed.R.


Citation: 468 F. Supp. 2d 1274 | Docket No.: CV-04-0376-AAM
Status: Published | Cited By: 10 Primary Sources | Citing: 12
Summary: 468 F. Supp. I. BACKGROUND On October 16, 2006, this court entered an order (Ct.Rec.354) in which it granted summary judgment to Defendant Lockheed Martin Corporation (Lockheed), finding that Moses Lake is barred under the CERCLA and MTCA statutes of limitations from recovering response costs incurred between 1989 and 1994. Pyramid Lake Paiute Tribe v. Hodel, 882 F.2d 364, 369 n. 5 (9th Cir.1989) (quoting 18 Charles A. Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure §......read more.


Citation: 796 F. Supp. 447 | Docket No.: CS-91-243-FVS
Status: Published | Cited By: 10 Primary Sources | Citing: 14
Summary: 796 F. Supp. The Plaintiffs are entitled to recover the differential between the 1990 corrected benefits and the 1988 promised benefits, under a theory of equitable estoppel from the Kaiser Engineers Hanford Company alone, as the Plan Administrator. Prior to their retirement, Plaintiffs were told that they could receive the following monthly payments as pension benefits: J. Berwick $ 762.11 D. Heberlein $1,572.51 D. Palmer $ 418.79 L. Stark $ 847.16 G.......read more.