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Summary: (2008) UNITED STATES of America v. Robert L. MOULTRIE, Nixon E. Cawood, Charles K. Morehead, Facility Holding Corp., d/b/a/ The Facility Group, Facility Management Group, Inc., Facility Construction Management, Inc. and Facility Design Group, Inc. On defendant Robert Moultrie's motion, this court held a Daubert hearing on May 1 and 2 to determine the state of the science of polygraphy and the admissibility of the results of two polygraph examinations taken by Moultrie. Defendant Robert Moultrie ......read more.


Summary: 746 F. Supp. 633 (1990) STAR BRITE DISTRIBUTING, INC., Plaintiff/Counter-Defendant, v. David C. GAVIN and Gary L. Geeslin, Defendants/Counter-Plaintiffs/Third-Party Plaintiffs, v. OCEAN BIO-CHEM, INC., Peter G. Dornau, Star Brite Distributing (Canada), Inc., and F.K.M., Inc., Third-Party Defendants. Thereafter, the defendants filed their answer and counter-claim against the plaintiff and later was allowed to amend to include third-party claims against Ocean Bio-Chem, Inc., Peter G. Dornau, Star-......read more.


Summary: 359 F. Supp. Ward v. Hudnell, 366 F.2d 247 (5th Cir. Lewis v. Brautigam, 227 F.2d 124 (5th Cir. 1971); Anderson v. Nosser, 438 F.2d 183 (5th Cir. Ballard v. Taylor, 358 F. Supp.


Summary: 397 F. Supp. Timothy R. Smith, George F. Woodliff, Jackson, Miss., for defendants Alleluia Cushion Co., Inc., and Jack B. Morris. EC 75-39-S Defendant, Alleluia Cushion Co., Inc., (hereinafter referred to as "Alleluia") in EC 75-39-S has filed a motion to change the venue of the action to the United States District Court for the Northern District of Texas, Fort Worth Division, for the convenience of the parties and witnesses, in the interest of justice pursuant to 28 U.S.C.A. § 1404 (a).


Summary: 345 F. Supp. 212 (1972) William E. NICHOLS, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. *213 Jack F. Dunbar, of Dunbar & Merkel, Clarksdale, Miss., Jerome B. Steen, of Wise, Carter, Child, Steen & Caraway, Jackson, Miss., for defendant. Yon saw the accident, and, in the trial of Mrs. Nichols' case in the State Court, hereinafter mentioned, Yon testified that Marr passed him about one hundred yards from the crest of the hill, driving at a rate of speed in excess of se......read more.


Summary: 508 F. Supp. Plaintiff is a son of Grant T. Hornburger (hereinafter called "decedent"), who died on January 31, 1979, as the result of injuries suffered on January 20, 1979, when he was struck by a pickup truck owned and being driven by defendant. Defendant, some distance from where he approached decedent, placed the head lamps of the truck on "dim". The head lamps of the vehicle, however, in the exercise of reasonable care could be seen by defendant and decedent. As the direct and proximate cau......read more.


Summary: 372 F. Supp. 126 (1974) Charlie F. WADE et al., Plaintiffs, and United States of America et al., Plaintiff-Intervenors, v. MISSISSIPPI COOPERATIVE EXTENSION SERVICE et al., Defendants. This action was instituted on April 29, 1970, as a class action for declaratory and injunctive relief to eliminate statewide racial segregation and discrimination in the employment and promotion practices of Mississippi Cooperative Extension Service (MCES), and also to eliminate discriminatory practices in the pub......read more.


Summary: 840 F. Supp. Peter F. Frost, Dept. of Justice, Torts Branch, Civ. v. Kralj, 968 F.2d 500, 503 (5th Cir.1992). Co., 784 F.2d 577, 578 (5th Cir.1986). [2] Section 3 of the Mississippi Flood Control Act, which is codified at 33 U.S.C. § 702c, furnishes the rule of "no liability" and is set forth below: Except when authorized by the Secretary of the Army upon the recommendation of the Chief of Engineers, no money appropriated under authority of sections 702a and 702g of this title shall be expended ......read more.


Summary: 191 F. Supp. Dist., 269 F.3d 494, 498-99 (5th Cir.2001).Dist., 88 F. Supp. Here, the Defendants' Notice of Removal asserts that this case is removable pursuant to the All Writs Act, 28 U.S.C. § 1651(a), because removal of this action is necessary to aid this court's jurisdiction in the Lipscomb class action litigation, currently pending before this court as cause number 1:92CV20-D-D. For the reasons set forth below, the court shall remand this cause to state court for ultimate resolution. Texas ......read more.


Summary: 489 F. Supp. The question for the court's resolution is whether an equitable exception to the one-year limitations period applies in this case, based on the Fifth Circuit's decision in Tedford v. Warner-Lambert Co., 327 F.3d 423, 427 (5th Cir.2003). While the Fifth Circuit has stated that a plaintiff who pleads damages less than the jurisdictional amount can "generally" bar a defendant from removal, Allen v. R & H Oil & Gas Co., 63 F.3d 1326, 1335 (5th Cir.1995), the court has noted that it has ......read more.


Summary: 365 F. Supp. This suit seeks the reinstatement, award of back pay, and other relief for six black teachers, Alma Faye Chapman, Robert Bennett, Martha Faye Bolton, William Shelton, James A. Lewis, and Evelyn R. Miller, who were dismissed, or whose contracts were not renewed, for the 1971-72 school year by the Coffeeville Consolidated School District. Following oral argument of counsel, the court directed that memorandum briefs be submitted on the single issue of the applicability of Singleton v. ......read more.


Summary: 179 F. Supp. 2d 682 (2001) Michelle MAY, Plaintiff, v. AUTOZONE STORES, INC., Defendant. Walter Alan Davis, Holcomb Dunbar, Oxford, MS, Claude F. Clayton, Jr., Claude F. Clayton, Jr., Attorney, Tupelo, MS, Tracy Kern Hidalgo, George J. Ditta, II, Heather A. Cross, Frilot Partridge Kohnke & Clements, New Orleans, LA, for Defendant. OPINION GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT DAVIDSON, Chief Judge. Presently before the court is the Defendant's motion for su......read more.


Summary: 681 F. Supp. 2d 766 (2008) WILLIAMSON POUNDERS ARCHITECTS, P.C., Plaintiff v. TUNICA COUNTY, MISSISSIPPI, its Board of Supervisors and its Board Members, James Dunn, Cedric Burnett, Paul Battle, III Curtis Jackson, and Billy Pegram, Defendants. In May 2004, Tetra Tech, WPA, and Tunica County held a meeting regarding the change order request. As laid out in that Order, the court found WPA could not recover because it failed to provide notice to Tunica County as required by the plain language of t......read more.


Summary: 661 F. Supp. The court granted the defendant's motion to dismiss on November 28, 2007, concluding that the plaintiff failed to state a claim for fraudulent concealment and therefore the three-year statute of limitations period ran on the plaintiff's claims on January 31, 2006—over a year before the plaintiff filed her suit. Indeed, the instant judicial estoppel issue arises from the Court's remand and does not involve the "letter or spirit" of the Court's mandate pursuant to Griffith, 522 F.3d a......read more.


Summary: 304 B.R. 273 (2003) In re Donnie J. BREAUXSAUS and Sherry Breauxsaus, Debtors. Donnie J. Breauxsaus, Plaintiff, v. First Mississippi Capital Corporation and Trustmark National Bank, Defendants. *274 Robert E. Buck, Greenville, MS, for Donnie J. Breauxsaus and Sherry Breauxsaus. On consideration before the court is a motion for summary judgment filed by the defendant, Trustmark National Bank ("Trustmark"); a response thereto having been filed by the debtor, Donnie J. Breauxsaus (hereinafter "plai......read more.


Summary: 508 F. Supp. 522 (1981) Virgil Underwood THOMPSON, Plaintiff, v. F. W. WOOLWORTH COMPANY, O. F. Mossberg & Sons, Inc., and E-Z Mount Corporation, Defendants. The action sub judice is before the court on motion to dismiss for lack of in personam jurisdiction by defendants O. F. Mossberg & Sons, Inc. (hereinafter referred to as "Mossberg"), and E-Z Mount Corporation (hereinafter referred to as "E-Z Mount"). F. L. Crane Company v. Cessna Aircraft Company, 73 F.R.D. 384 (N.D.Miss.1976); McAlpin v. J......read more.


Published Opinion | Federal District, Federal, | District Court Nd Mississippi | cited by: 1 Primary Sources | citing: 12
Summary: 246 F. Supp. Petitioner, George A. Gordon, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241(c) (3), asserting that he is in custody by virtue of a judgment of a state court in violation of the Constitution of the United States. Gordon was first convicted and sentenced to death on the verdict of a jury in the Circuit Court of Lowndes County, Mississippi, after the trial court had overruled defense motions to quash the indictment and the special venire on the ground that members of the N......read more.


Summary: 303 F. Supp. On January 17, 1969, the Court of Claims sustained, without comment, the government's motion for summary judgment, citing as authority Kyer v. United States, 369 F.2d 714, 177 Ct. In Ellis v. Lynch, 106 F. Supp. To support this contention plaintiffs cite Glenn v. United States, D.C., 129 F. Supp.


Summary: 546 F. Supp. In this Sherman Antitrust action, plaintiff LimeCo, Inc., sues defendants The Division of Lime of the Mississippi Department of Agriculture and Commerce and Jim Buck Ross, Commissioner of Agriculture and Commerce of the State of Mississippi, for injunctive and monetary relief from the state's alleged predatory trade practices in the agricultural lime business. The court has before it plaintiff's motion to strike affirmative defenses of "state action" exemption from the federal antit......read more.


Summary: 788 F. Supp. See Stringfellow v. Reed, 739 F. Supp. As recognized by the Kansas district court, "The joinder mechanism of KSA 60-258(c) is unique to Kansas...." Stueve v. American Honda Motors Co., Inc., 457 F. Supp.