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Summary: 760 F. Supp. 2d 456 (1957); Reeves v. City of Jackson, 532 F.2d 491, 493 (5th Cir.1976). McPherson v. Rankin, 736 F.2d 175, 178 (5th Cir.1984). Professional Managers, Inc. v. Fawer, Brian, Hardy & Zatzkis, 799 F.2d 218, 222 (5th Cir.1986). Phillips Oil Company v. OKC Corporation, 812 F.2d 265, 272 (5th Cir.1987). In United States Fidelity & Guaranty Co. v. *594 United States, 475 F.2d 1377, 201 Ct. 1 (1973), the court held: In North Denver Bank v. United States, 432 F.2d 466, 193 Ct. Co. v. Unit......read more.




Summary: 444 F. Supp. George F. Woodliff, Jackson, Miss., for defendant Marsh & McLennan, Inc. L. Arnold Pyle, Ross F. Bass, Jr., Jackson, Miss., for defendant Airco, Inc. This cause having come before the Court on Motion of the Defendant to vacate and have declared unconstitutional, or, alternatively, to reduce, chancery attachments by the Plaintiff; and upon the Plaintiff's Motion for attachment of funds at law should the Defendant's Motion relating to chancery attachments by sustained; and, after refe......read more.


Summary: 162 F. Supp. While the Plaintiff is correct in his contention that "other paper" as contemplated by § 1446(b) "is not restricted solely to papers filed in [a] case," Sunburst Bank v. Summit Acceptance Corp., 878 F. Supp. 1995) and that deposition testimony may constitute "other paper" see Trotter v. Steadman Motors, Inc., 47 F. Supp. Trotter, 47 F.Supp.2d at 793 (citing Gruner v. Blakeman, 517 F. Supp. B. Federal Question Jurisdiction, 28 U.S.C.§ 1331 The Plaintiff's complaint sets forth numerou......read more.


Summary: 535 F. Supp. The policy at issue was procured by Howard Davis on September 10, 2004 in connection with a contract between him and Charles H. Lewis HI for Mr. Lewis's purchase of Mr. Davis's interest in certain property. In response, Mr. Davis's estate, while agreeing that Mr. Lewis was entitled to $300,000 of the benefits, representing the amount he had paid to Mr. Davis under the contract, protested to North American that Mr. Lewis could not lawfully recover more than $300,000 because he had no......read more.


Summary: 36 F.2d 230 (1929) UNITED STATES v. SULLENS. * * *" The leading case on the subject is Toledo Newspaper Co. et al. v. United States, 247 U.S. 402, 38 S. Ct. 560, 62 L. Ed. 293, the court said: "The matter heard by Judge Mayer was an ordinary contempt proceeding and Toledo Newspaper Co. v. United States, 247 U.S. 402, 38 S. Ct. 560, 62 L. Ed. 938, the court reaffirmed Toledo Newspaper Co. v. United States, 247 U.S. 402, 38 S. Ct. 560, 62 L. Ed.


Summary: 900 F. Supp. William F. Ray, Watkins & Eager, Jackson, MS, for United Student Aid Services. The Court has before it two Motions for Summary Judgment, one filed by Defendant United Student Aid Services, Inc. ("USA"), the other by Suntech, Incorporated ("Suntech"). Based upon the information in the two documents Pace signed in June 1993, he was declared eligible for guaranteed student loans for the 1993-94 school year, and funds were disbursed under the guaranteed loan arrangement. By letter of Se......read more.


Summary: 612 F. Supp. 1147 (1985) The ESTATE OF David L. PORTNOY, Deceased, Jerri Bridges, Administratrix, Plaintiff, v. CESSNA AIRCRAFT COMPANY, Defendant, v. MISSISSIPPI SCHOOL OF AVIATION, et al., Attachment Defendants. The plaintiff has filed a motion for partial summary judgment contending that Cessna is collaterally estopped from controverting any strict liability claim for the manufacture of a defective product due to the judgment in Nancy Baggs Germone, et al. v. Cessna Aircraft Company, No. 3-78......read more.


Summary: 341 F. Supp. 659 (1971) The FIRST NATIONAL BANK OF SIKESTON, MISSOURI, Plaintiff, v. JEFFERSON SALES AND DISTRIBUTORS, INC., et al., Defendants, United States of America, Interpleader, Frank S. Blackford, Trustee, Triple M Homes, Intervenor. A total of 148 forty-foot mobile homes were delivered to Jefferson Sales by Triple M for a total contract price of $418,840, the last delivery date being November 10, 1969 (Exhibits 2-A-2-F, Complaint). It is admitted by the plaintiff bank that the defendant......read more.


Summary: 777 F. Supp. Vardaman S. Dunn, William F. Goodman, Jr., Jackson, Miss., for defendants. This case was appealed to the Fifth Circuit Court of Appeals, Roper v. Consurve, Inc., 578 F.2d 1106 (5th Cir.1978), and thereafter to the United States Supreme Court, Deposit Guaranty National Bank v. Roper, 445 U.S. 326, 100 S. Ct. 1166, 63 L. Ed. The parties have filed cross motions for partial summary judgment on the issue of defendants' liability under 12 U.S.C. §§ 85 and 86 of the National Bank Act, whi......read more.


Summary: 657 F. Supp. 1016 (1987) BROADCAST MUSIC, INC., Plaintiff, v. PINE BELT INVESTMENT DEVELOPERS, INC., d/b/a Studebaker's, Defendant. This cause is presently before this Court on motion of the plaintiff, Broadcast Music, Inc. (hereinafter referred to as "BMI"), for Summary Judgment on all claims against the defendant, Pine Belt Investment Developers, Inc., d/b/a Studebaker's (hereinafter referred to as "Pine Belt Investment"). Nicholas Acoustics and Specialty Co. v. H & M Construction Co., 695 F.2......read more.


Summary: 841 F. Supp. 192 (1993) Clarence McDonald LELAND, Plaintiff, v. MISSISSIPPI STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, et al., Defendants. This cause is before the court on the motion of defendants Mississippi State Board of Registration for Professional Engineers and Land Surveyors (Board) and the members of the Board, in their official and individual capacities,[1] for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. In May 1991, pla......read more.


Summary: 43 F. Supp. Generally speaking, the plaintiffs in the first of these two groups, including Mary Coleman, the plaintiff herein, sued not only the manufacturers, designers and distributors of the devices on products liability theories of recovery, but they sued, as well, a number of medical associations, charging that these defendants had unlawfully conspired with the device manufacturers to promote, market and sell pedicle screw fixation devices to medical providers.Plaintiffs alleged that the Da......read more.


Summary: 55 F. Supp. [2] BACKGROUND Plaintiff, a Mississippi resident, filed this medical negligence action on October 2, 1997, in state court against nondiverse defendants, Oktibbeha County Hospital, Mississippi Baptist Medical Center, Dr. Kendall Blake, Dr. Martin McMillan and diverse defendant, Dr. John Crompton, a citizen of the State of Alabama. ANALYSIS Title 28 U.S.C. § 1446(b) provides in pertinent part that "[i]f the case stated by the initial pleading is not removable, a notice of removal may b......read more.


Summary: 676 F. Supp. 764 (1987) FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, Successor in Interest and Receiver for Crescent Federal Savings Bank, Plaintiff, v. Aristide F. LeFEVE, Jr., Defendant. This cause is before this Court on Motion of the plaintiff, the Federal Savings and Loan Insurance Corporation (hereinafter referred to as the "FSLIC"), for Summary Judgment against the defendant Aristide F. LeFeve, Jr. (hereinafter referred to as "LeFeve"), pursuant to Rule 56 of the Federal Rules of Civil......read more.


Summary: 930 F. Supp. Like each of the preceding contracts between the parties, the current contract, executed October 31, 1978 for a twenty-year term, requires that TVA supply and 4-County purchase from TVA all of its power for distribution to 4-County's customers and authorized either party to terminate the contract on four years' notice to the other. As reflected by contemporaneous TVA Board minutes, when the GCP was devised, the TVA Board determined that even though the net revenue from the new load ......read more.


Summary: 304 F. Supp. Plaintiff, James P. Martin, filed this action against defendant, Texaco, Inc., for $96,000.00, actual damages, and $65,000.00, exemplary damages, based on alleged unlawful or wrongful interference by defendant with an alleged contract entered into between plaintiff and one Hagan Parmley, for the purchase by Parmley from plaintiff of real and personal property. In this suit filed on September 24, 1968, plaintiff contends that on or about February 12, 1964 Parmley, his cousin, *499 ve......read more.


Summary: 907 F. Supp. The three insurers, National, Farmers and Hartford, disagreed as to how their policies operated under the circumstances, since each policy, with the exception of Farmers' $300,000 primary policy, contained a version of an "other insurance" clause. Nevertheless, to effectuate approximately $2,955,000 in settlements of the underlying lawsuits,[1] Farmers contributed the $300,000 limits of its primary policy (since Farmers' duty to pay under that policy was not at issue), and Hartford ......read more.


Summary: 704 F. Supp. The questions addressed herein are two-fold: whether plaintiff policyholder violated a valid exclusionary clause contained in insurer's policy which protected insurer's subrogation rights by requiring policyholder to secure written permission from insurer before policyholder could settle with any tortfeasor; and whether plaintiff by filing a prior lawsuit on the policy for medical benefits is now barred recovery for uninsured motorist coverage on this same policy because he has spli......read more.


Summary: 774 F. Supp. The Court, having considered the Motions together with responses, memoranda and other supporting documents, denies the Summary Judgment Motions of Defendant John Hancock Distributors, Inc. ("Distributors") and Defendant Maurice Jones as to Plaintiff's allegations of violations of the Mississippi Securities Act, and allegations of common law fraud, breach of fiduciary duties, negligence and punitive damages. The Court grants partial Summary Judgment for Defendants Distributors and Jo......read more.