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Citation: 968 F. Supp. 1578 | Docket No.: Civil Action No. 1:97-cv-0205-CC
Status: Published | Citing: 5
Summary: 968 F. Supp. Pending before the court in the above-styled case are the following motions: Plaintiffs' Motion for Preliminary Injunction [37-1], Defendant Healthdyne Technologies, Inc.'s Motion for Summary Judgment [20-1], Plaintiffs' Motion for Summary Judgment *1579 [42-1] and Plaintiffs' Motion to Strike Portions of Affidavit of Donald G. Margotta [53-1]. The effect of the continuing directors provision is that if Healthdyne's shareholders vote at the July 30th meeting to replace the incumbent......read more.


Citation: 74 F. Supp. 756 | Docket No.: 2231
Status: Published | Citing: 9
Summary: 74 F. Supp. After the plea of guilty had been entered, "it was discretionary with the District Judge as to when he would impose sentence" (Barlow v. United States, 1 Cir., 6 F.2d 105, 106), but the Rules of Criminal Procedure After Plea of Guilty, Verdict or Finding of Guilt, 28 U.S.C.A. following § 723a, which were then of force, required that sentence "be imposed without delay."


Citation: 593 F. Supp. 2d 1036 | Docket No.: Civil Action No. 1:03-cv-1230-ODE
Status: Published | Citing: 33
Summary: (2008) SIERRA CLUB, The Chattooga Conservancy, Biodiversity Legal Foundation, Florida Biodiversity Project, Forest Conservation Council, Georgia Forest Watch, Ouachita Watch League, Southern Appalachian Biodiversity Project, Wild Alabama, Wild South, Wilderness Society, and Jerry Williams, Plaintiffs v. UNITED STATES FOREST SERVICE; Charles L. Myers, in his capacity as Regional Forester of the Southern Region of the U.S. Forest Service; Dale Bosworth, in his official capacity as Chief of the U.S......read more.


Citation: 572 F. Supp. 1186 | Docket No.: Civ. No. C81-1106
Status: Published | Citing: 39
Summary: 572 F. Supp. Miller v. Universal City Studios, Inc., 650 F.2d 1365, 1368 (5th Cir.1981); Wainwright Securities, Inc. v. Wall Street *1192 Transcript Corp., 558 F.2d 91, 95 (2d Cir. Wainwright, 558 F.2d at 95; International News Service v. Associated Press, 248 U.S. 215, 39 S. Ct. 68, 63 L. Ed. 211 (1918); see Chicago Record-Herald Co. v. Tribune Assn., 275 F. 797 (7th Cir.1921); 1 Nimmer on Copyright § 2.11[B] (1983). See 17 U.S.C. § 102(a)(5), (6), and (7); see also Iowa State University Resear......read more.


Citation: 196 F. Supp. 2d 1260 | Docket No.: 1:97-cv-00980
Status: Published | Citing: 15
Summary: 196 F. Supp. 2d 1260 (2002) Jerry LYONS and Michael J. McKenzie, individually and on behalf of all others similarly situated, Plaintiffs, v. GEORGIA-PACIFIC CORPORATION SALARIED EMPLOYEES RETIREMENT PLAN and GEORGIA-PACIFIC CORPORATION, Defendants. I. STATEMENT OF THE CASE A. Procedural History Plaintiff, Jerry Lyons, filed the instant action on behalf of himself and a class of persons similarly situated against Defendants Georgia-Pacific Corporation and Georgia-Pacific Corporation Salaried Empl......read more.


Citation: 586 F. Supp. 2d 1346 | Docket No.: Civil Action No. 1:07-CV-2396-BBM
Status: Published | Citing: 40
Summary: (2008) Brenda EDWARDS, Plaintiff, v. NIAGARA CREDIT SOLUTIONS, INC., a New York Corporation, Defendant. The R & R recommends that the court grant Plaintiff Brenda Edwards's ("Ms. Edwards") Motion for Summary Judgment. Defendant Niagara Credit Solutions, Inc. ("Niagara") has filed Objections to the R & R [Doc. I. Niagara's Objections and Standards of Review Niagara makes four objections in its request for review: (1) that the answering machine messages at issue are not "communications" under the ......read more.


Citation: 327 F. Supp. 193 | Docket No.: Civ. A. No. 2216
Status: Published | Citing: 6
Summary: 327 F. Supp. The Examiner having determined that no application was filed prior to March 5, 1968, the Court must follow this determination, for this Court's jurisdiction to review a final decision of the Secretary of HEW is limited and the findings of the Secretary as to any fact are conclusive if supported by substantial evidence, Gaddis v. Cohen, D.C., M.D., Ga., 1968, 295 F. Supp. Bender v. Celebrezze, 7th Cir., 1964, 332 F.2d 113; Coy v. Folsom, 3rd Cir., 1955, 228 F.2d 276; Emerson v. Celeb......read more.


Citation: 419 F. Supp. 730 | Docket No.: Civ. A. No. 19267
Status: Published | Citing: 2
Summary: 419 F. Supp. The bank's action in both of these instances was based on a consumer credit report which had been issued by Credit Bureau of Atlanta containing a reference to a lawsuit in which Mr. Austin was named as a defendant.


Citation: 386 F. Supp. 2d 1355 | Docket No.: 1:03-cv-3831
Status: Published | Citing: 9
Summary: 386 F. Supp. This matter is before the Court on David B. Parshall's Motion to Dismiss the Consolidated Derivative Complaint [40, 41], the Former Outside Director Defendants'[1]*1358 Motion to Dismiss Verified Consolidated Shareholder Derivative Complaint [46], and Defendants Bradley J. Stinn and Sterling B. Brinkley's Motion to Dismiss the Verified Consolidated Shareholder Derivative Complaint [63].[2] Nominal Defendant Friedman's, Inc. ("Friedman's" or the "Company"), also filed a Motion to Dis......read more.


Citation: 585 F. Supp. 376 | Docket No.: C83-962A
Status: Published | Citing: 23
Summary: 585 F. Supp. Plaintiff Jack R. Henry (Henry) asks this Court to vacate the findings of a System Board of Adjustment convened pursuant to the provisions of the Railway Labor Act, 45 U.S.C. § 151 et seq. (RLA or the Act) upholding defendant Delta Air Line's (Delta) decision to terminate Henry's employment. Henry also alleges that his union, defendant Air Line Pilots Association (ALPA), breached its duty of fair representation. De La Rosa Sanchez v. Eastern Airlines, Inc., 574 F.2d 29, 31 (1st Cir.......read more.


Citation: 54 B.R. 606 | Docket No.: Civ. No. C85-2858
Status: Published | Citing: 31
Summary: 54 B.R. 606 (1985) BROADCAST CORPORATION OF GEORGIA v. Herbert C. BROADFOOT, II, as Trustee for the Estate of Subscription Television of Greater Atlanta. The Trustee for the debtor, Subscription Television of Greater Atlanta ("Subscription TV") appeals Judge Norton's order allowing an administrative claim in favor of Broadcast Corporation of Georgia ("Broadcast") in the amount of $156,166.20. FACTS Broadcast's administrative claim is based primarily upon a "Contract for the Provision of Subscrip......read more.


Citation: 462 F. Supp. 728 | Docket No.: Civ. A. No. C77-78R
Status: Published | Citing: 11
Summary: 462 F. Supp. International Association of Machinists v. Higgins, Inc., 239 F. Supp. Atlantic Richfield Co. v. CRA, Inc., 430 F. Supp. Brown v. Richardson, 395 F. Supp. Twentieth Century-Fox Film Corp. v. National Publishers, Inc., 294 F. Supp. Bealle v. Nyden's Incorporated, 245 F. Supp.


Citation: 690 F. Supp. 1024 | Docket No.: 1:87-CV-1442-RHH
Status: Published | Citing: 8
Summary: 690 F. Supp. In response to the plaintiff's March 20, 1985 motion, the Assistant District Attorney for the Atlanta Judicial Circuit moved to have the case dead-docketed. On June 11, 1985 the Superior Court denied plaintiff's motion for an acquittal and/or dismissal of the indictment, denied the District Attorney's motion to dead-docket the case and returned the case to the active trial calendar. The court heard oral arguments on both motions and announced in open court that it would grant the pl......read more.


Citation: 705 F. Supp. 563 | Docket No.: Civ. A. Nos. 1:88-CV-745-JTC, 1:88-CV-871-JTC
Status: Published | Citing: 19
Summary: 705 F. Supp. Presently before this Court are plaintiff's Motion for Consolidation or Intervention, defendant's Motion to Strike or in the Alternative to Dismiss Claims for Compensatory Damages in Lieu of Liquidated Damages and Motion to Strike Corresponding Allegations of Non-Pecuniary Losses, defendant's Motion to Strike Demand for Trial by Jury, and defendant's Motion for Enlargement of Discovery Period. Plaintiff argues that his employer's conduct was willful under the ADEA and that, conseque......read more.


Citation: 498 F. Supp. 478 | Docket No.: Civ. A. No. C79-193R
Status: Published | Citing: 48
Summary: 498 F. Supp. 2d 842 (1971); Johnson v. Harris, 612 F.2d 993 (5th Cir. 1980); Fortenberry v. Harris, 612 F.2d 947 (5th Cir. 1980); White v. Harris, 605 F.2d 867, 869 (5th Cir. 42 U.S.C. § 405(g); Strickland v. Harris, 615 F.2d 1103 (5th Cir. 126 (1938); White v. Harris, 605 F.2d 867, 869 (5th Cir. Despite the fact that determinations which are not supported by substantial evidence are "unusual, even rare," Gaultney v. Weinberger, 505 F.2d 943, 945 (5th Cir. 1975); Williams v. Finch, 440 F.2d 613,......read more.


Citation: 605 F. Supp. 260 | Docket No.: Cr. No. CR84-32AA
Status: Published | Citing: 7
Summary: 605 F. Supp. Compare United States v. Brantley, 733 F.2d 1429, 1439-40 (11th Cir.1984) with United States v. Sedigh, 658 F.2d 1010, 1013-14 (5th Cir.


Citation: 238 F. Supp. 391 | Docket No.: Civ. A. No. 8173
Status: Published | Citing: 20
Summary: 238 F. Supp. The certificate of insurance contained the following exclusion which is the basis for the denial of liability by the defendant: "No benefits shall be payable for any loss which is caused or contributed to by * * * being in or on or in contact with any kind of aircraft, either on the ground, water, or in the air, or falling or in any other manner descending with or from such aircraft, except loss resulting from *393 flight or travel as a passenger in a licensed aircraft (other than a......read more.


Citation: 930 F. Supp. 609 | Docket No.: 1:96-cv-1199
Status: Published | Citing: 14
Summary: 930 F. Supp. 609 (1996) Mulumba Dieudonne MBIYA v. IMMIGRATION & NATURALIZATION SERVICE and the Executive Office for Immigration Review. [3] At the same time, section 440(a) of AEDPA amends 8 U.S.C. § 1105a(a)(10) to provide as follows: (10) Any final order of deportation against an alien who is deportable by reason of having committed a criminal offense covered in § 241(a)(2)(A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(ii) for which both predicate offenses are covered......read more.


Citation: 827 F. Supp. 2d 1364 | Docket No.: Civil Action File No. 1:10-cv-131-TCB
Status: Published | Citing: 16
Summary: 827 F. Supp. 2d 1364 (2011) STATE FARM FIRE & CASUALTY COMPANY, Plaintiff, v. KING SPORTS, INC., Jui-Chen Chang, and Roger Cleveland Golf Company, Inc., Defendants. I. Background A. Defendant King Sports's Insurance Policy with State Farm King Sports is a business that advertised and sold golf clubs online. B. Lawsuits Filed against King Sports by Callaway Golf and Nike In late 2007, State Farm received notice of two separate lawsuits filed against King Sports for alleged trademark infringement ......read more.


Citation: 403 F. Supp. 2d 1221 | Docket No.: 1:05-cv-1508
Status: Published | Citing: 35
Summary: 403 F. Supp. Co., 402 F.3d 1267, 1281 (11th Cir.2005) ("Congress has accomplished this `complete preemption' in ERISA § 502(a), which provides the exclusive cause of action for the recovery of benefits governed by an ERISA plan. Butero, 174 F.3d at 1214 (quoting Donovan v. Dillingham, *1226 688 F.2d 1367, 1371 (11th Cir. See Anderson, 369 F.3d at 1265-66 (discussing factors indicative of establishment); Butero, 174 F.3d at 1215 (same). 29 U.S.C. § 1132(a)(1)(B); Hobbs v. Blue Cross Blue Shield o......read more.