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Summary: 242 F. Supp. 2d 1153 (2003) Barbara GAINES and Doris Ofield, Personally and as Administrators of the Estate of Carl Eugene Row, Deceased, Plaintiffs, v. CHOCTAW COUNTY COMMISSION, Donald F. Lolley, Individually and in his Official Capacity as Sheriff of Choctaw County, Alabama, et al. This matter is before the Court on motions to dismiss filed by defendants Choctaw County Commission and Sheriff Donald F. Lolley. In this action, plaintiffs assert state and federal law claims against both the Sher......read more.


Summary: 85 F. Supp. 2d 1221 (2000) Roxie Gail SORRELLS, Plaintiff, v. SUN LIFE ASSURANCE COMPANY OF CANADA, Defendant. After due consideration, the court finds that no genuine issue of material fact exists and that defendant is entitled to summary judgment as a matter of law pursuant to Federal Rule of Civil Procedure 56. The primary issue in this case is whether plaintiff is entitled to accidental death benefits under an employee welfare benefit plan covered by the Employee Retirement Income Security A......read more.




Summary: 308 F. Supp. There are two waitresses and four other employees (cook, dishwasher, etc.) Plaintiff Louis Black testified that on March 4, 1969, he, along with three other Negro persons, entered the Ritz Cafe at approximately 11:15 a. m.


Summary: 275 F. Supp. NOTES [1] Accord In re Federal Savings & Loan Insurance Corp., 837 F.2d 432, 434 n. 2 (11th Cir.1988); Tri-Cities Newspapers, Inc. v. Tri-Cities Printing Pressmen and Assistants' Local 349, 427 F.2d 325, 326-27 (5th Cir.1970)("Local 349"). 343, 344, 2003 WL 21375620 at *1 (6th Cir.2003); Shaw v. Dow Brands, Inc., 994 F.2d 364, 369 (7th Cir.1993); Thorn v. Amalgamated Transit Union, 305 F.3d 826, 833 (8th Cir.2002); United Computer Systems, Inc. v. Hart v. Yamaha-Parts Distributors, ......read more.


Summary: 471 F. Supp. 1363 (1979) RAYON Y CELANESE PERUANA, S.A., a corporation, Plaintiff, v. M/V PHGH, her engines, tackle, hull, appurtenances, equipment, etc., in rem, Defendant, R. et G. Dekytspotter, a corporation, Francois Le Parco, a corporation, and Societe Des Avitailleurs Reunis Bordelais, a corporation, Intervenors. Alex F. Lankford, III, Mobile, Ala., for intervenor Societe Nigeria National Supply Co., Ltd., R. et G. Dekytspotter, Francois Le Parco and Societe Des Avitailleurs Reunis Bordela......read more.


Summary: 668 F. Supp. Accord, Terman Foods, Inc. v. Omega Lines, 707 F.2d 1225 (11th Cir.1983); Blasser Bros., Inc. v. Northern Pan-American Line, 628 F.2d 376 (5th Cir.1980); Socony Mobil Oil Co., Inc. v. Texas Coastal and International, Inc., 559 F.2d 1008 (5th Cir.1977). The Eleventh Circuit stated in Terman Foods, 707 F.2d at 1227: "Once the shipper presents a prima facie case, the burden shifts to the carrier to prove either that it exercised due diligence to prevent the damage by properly handling,......read more.


Summary: 279 B.R. 308 (2002) State of ALABAMA DEPARTMENT OF HUMAN RESOURCES, Appellant, v. Clyde Eli LEWIS, Appellee. On September 19, 2001, the bankruptcy court issued an order denying the motion of the State of Alabama Department of Human Resources ("DHR" or "the State") to set aside the bankruptcy court's May 23, 2001, order, in which the State was held in contempt of the bankruptcy court and found to be in violation of the automatic stay imposed in debtor's Chapter 13 bankruptcy proceedings. I. FACTU......read more.


Summary: 486 F. Supp. In particular, sounding in 42 U.S.C. § 1983 and the Alabama Constitution, the Complaint alleges that the City's purportedly temporary moratorium on all signs requiring a permit is unconstitutional under the First Amendment; that the City violated Salter's procedural and substantive due process rights in delaying and otherwise obstructing Salter's attempts to repair hurricane-damaged signs; that the City's sign ordinance violates the First Amendment because its permitting requirement......read more.


Summary: 14 F. Supp. Kirk C. Shaw, Mobile, AL, Steven R. Wall, Erin F. Mulhollen, Philadelphia, PA, for Defendant. This matter is before the court on defendant's "Motion for Partial Summary Judgment Regarding Plan Termination" (Doc. The issues in this case, however, have deviated far from those original age discrimination claims, into questions of meaningful waiver, and further into the issues of welfare benefit plan termination that are now presented before the court under the Employee Retirement Income......read more.


Summary: 633 F. Supp. 1214 (1941); Rollwitz v. Burlington N. R.R., 507 F. Supp. See, e.g., Town of Freedom, Okla. v. Muskogee Bridge Co., 466 F. Supp. 75 (W.D. Okla.1978); Lee v. Volkswagen of America, Inc., 429 F. Supp. 5 (W.D.Okla.1976); Perrin v. Walker, 385 F. Supp. Agency, Inc. v. Interstate Agency, Inc., 525 F. Supp. 334, 339 (1939); B., Inc. v. Miller Brewing Co., 663 F.2d 545 (5th Cir.1981); Weaver v. Miller Elec. Mfg. Co., 616 F. Supp. Blow v. Liberty Travel, Inc., 550 F. Supp. 603 (D.N.J.1968);......read more.


Summary: 323 F. Supp. Bailey v. Allgas, Inc., 284 F.3d 1237, 1243 (11th Cir.2002) (quoting Anderson, 477 U.S. at 249, 106 S. Ct. 2505). "O'Ferrell v. United States, 253 F.3d 1257, 1265 (11th Cir.2001). Burton v. City of Belle Glade, 178 F.3d 1175, 1187 (11th Cir.1999). "Miranda v. B & B Cash Grocery Store, Inc., 975 F.2d 1518, 1534 (11th Cir.1992) (citing Mercantile Bank & Trust v. Fidelity & Deposit Co., 750 F.2d 838, 841 (11th Cir.1985)). Howard v. BP Oil Company, 32 F.3d 520, 524 (11th Cir.1994). See ......read more.


Summary: 42 F. Supp. On June 6, 1940, four days before Italy declared war against France, the master brought the vessel to the port of Mobile and began loading a cargo of scrap iron. The next day, after taking on board two hundred tons, the loading was discontinued, and on June 27, 1940, the Secretary of the Treasury issued an order under the provisions of Title 50 U.S.C.A. § 191, forbidding the departure of the vessel without the Secretary's approval (Federal Register, July 2, 1940, p. 2442). The testim......read more.


Summary: 339 F. Supp. Atchison, Topeka & Santa Fe Railroad Co. v. United States, 443 F.2d 147 (10th Cir. 1962); Montana Power Co. v. United States, 232 F.2d 541 (3rd Cir. Co. v. United States, 130 F.2d 883 (3rd Cir. July 29, 1971); Cities Service Co. v. United States, 316 F. Supp. Co. v. Edwards, 167 F. Supp. 682 (1970); Southern Natural Gas Co. v. United States, 412 F.2d 1222, 188 Ct. 302 (1969); Montana Power Co. v. United States, 159 F. Supp. While recognizing "the possibilities of great difficulty in......read more.


Summary: 391 F. Supp. This matter is before the Court on Defendants' Motion to Dismiss Plaintiff's Claims of Outrage and Intentional Infliction of Emotional Distress (doc. In the operative Second Amended Complaint, Lees also advanced state-law claims against defendants for civil conspiracy (Count III), outrage (Count IV), tortious interference with business relations (Count V), and intentional infliction of emotional distress (Count VI). v. Montalvo, 84 F.3d 402, 409 n. 10 (11th Cir.1996) (noting that co......read more.


Summary: 508 F. Supp. W. A. Kimbrough, Jr., U. S. Atty., Mobile, Ala., for U. S. Darrell McGowen, James F. Holderman, Chicago, Ill., Alton R. Brown, Jr., Ian F. Gaston, Mobile, Ala., Roger M. Sherman, Pensacola, Fla., for Gregory et al. Potashnick v. Port City Construction Co., 609 F.2d 1101, 1111 (5th Cir. 1980) (citing Davis v. Board of School Commissioners of Mobile County, 517 F.2d 1044, 1051 (5th Cir. 1980) (per Brown, J.); United States v. Mock, 604 F.2d 336 (5th Cir. 1980) (no disqualification) an......read more.


Summary: 345 F. Supp. The Magistrate Judge recommends that the Commissioner's Motion and Memorandum for Entry of Judgment Pursuant to Sentence Four of 42 U.S.C. § 405(g) with Remand of the Cause to the Defendant (doc. In support of the Motion, the Commissioner states that plaintiffs counsel has "no objection to the requested relief, but would like the case reassigned to a different ALJ in the event that the Appeals Council remands the case for another hearing" (doc. Accordingly, with this noted modificat......read more.


Summary: 927 F. Supp. On August 1, 1995, this declaratory judgment action came before the court for a nonjury trial to determine the claims of Associated Scrap Metal, Inc. ("Associated Scrap") against Royal Insurance Company of America (formerly known as Royal Globe Insurance Company, "Royal"). These policies issued by Royal (hereinafter referred to as "the policies") contained the following language: COVERAGE B-PROPERTY DAMAGE LIABILITY The company will pay on behalf of the insured all sums which the in......read more.


Summary: 510 F. Supp. 22), plaintiff Felicia Bell Carter brought this action against defendants University of South Alabama Children's & Women's Hospital (the "Hospital") and Mike Renka to pursue claims arising from alleged sexual harassment and retaliation during the course of her employment. The Amended Complaint asserts a cause of action for sexual harassment and sex discrimination against the Hospital under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq. ("Title VII"......read more.


Summary: 786 F. Supp. 944 (1992) Nell D. AUTERY, as Administratrix of the Estate of Roy Franklin Autery, deceased, Plaintiff, v. UNITED STATES of America, Defendant. This case involves an accident that occurred in a national park and arises under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 [hereinafter "FTCA"]. On November 26, 1990, Mr. Autery's estate filed suit against the United States, claiming that negligence on the part of the United States caused Mr. Autery's death. The accident occurr......read more.