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Citation: 224 F. Supp. 171 | Docket No.: 896
Status: Published | Citing: 16
Summary: 224 F. Supp. Robert L. Waters, Dept. of Justice, Stanley F. Krysa, Dept. of Justice, Fort Worth, Tex., for defendant. The agents of the Commissioner of Internal Revenue examined the 1959 income tax return and application based upon the net operating loss deduction there reflected, and reduced the net operating loss reduction by *172 disallowing $5,000 "rental expense" claimed by the taxpayer for the year 1959. In the corporate income tax return filed for 1959, plaintiff reflected as a deduction ......read more.


Citation: 162 F. Supp. 2d 1083 | Docket No.: CIV. 00-2248
Status: Published | Citing: 8
Summary: 162 F. Supp. Plaintiffs v. ALMA PUBLIC SCHOOL DISTRICT; Charlie Dyer, in his Individual and Official Capacity as Superintendent[1] of the Alma School District; Nancy Hawkins, Charles Baker, Richard Craft, Ron Haught, Mike Higgins, Paul Winborn, Randy Coleman, and Terry Fimple, in their Official Capacity as School Board Members; Arkansas Department of Education; and Raymond Simon, in his Official Capacity as Director of the Arkansas Department of Education Defendants No. Plaintiffs bring this act......read more.


Citation: 232 F. Supp. 801 | Docket No.: 519
Status: Published | Citing: 5
Summary: 232 F. Supp. Plaintiff, Pacific, in its complaint alleged: On or about April 25, 1962, defendant Inn and Itasca entered into a purchase and sale agreement for the sale of certain furniture, fixtures and equipment to be delivered by the plaintiff's predecessor, Itasca, and installed in the hotel and motel operated by the defendant Inn at Fayetteville, Arkansas. It was further alleged that the Inn agreed to pay a "Time Price Balance" of $169,873.20 for the property described in the agreement payab......read more.


Citation: 160 F. Supp. 143 | Docket No.: Civ. A. 1337
Status: Published | Citing: 6
Summary: 160 F. Supp. This is an action by the plaintiff, United States of America, against the defendant, Herman Adams, d/b/a Adams Manufacturing Company, growing out of a contract between the parties whereby the defendant undertook to manufacture and deliver to plaintiff a large number of wooden tent pins. The defendant in his answer raised two defenses: first, that the default arose out of causes beyond his control and without any fault or negligence on his part, and under the terms of the contract he......read more.


Citation: 616 F. Supp. 1305 | Docket No.: Civ. No. 85-2004
Status: Published | Citing: 15
Summary: 616 F. Supp. 1305 (1985) Wynona V. BELL and Zola L. Culwell, Plaintiffs, v. KANSAS CITY FIRE AND MARINE INSURANCE COMPANY and Bill Williamson, Defendants. Plaintiffs initiated this action on January 3, 1985, against defendants, essentially alleging a claim based upon the tort of "third-party" insurance "bad faith." See Standard Leasing Corp. v. Schmidt Aviation, 264 Ark. 851, 576 S.W.2d 181 (1979); Wright v. Newman, supra; Tiffany Industries v. Commercial Grain Bin Co., 714 F.2d 799 (8th Cir.198......read more.


Citation: 480 F. Supp. 529 | Docket No.: Civ. No. 78-2159
Status: Published | Citing: 15
Summary: 480 F. Supp. 529 (1979) Rodney Dale REEVES, Petitioner, v. Jim MABRY, Commissioner of Corrections of the State of Arkansas, and State of Arkansas, Respondents. On November 16, 1978, the petitioner, Rodney Dale Reeves, filed his 28 U.S.C. § 2254 petition in which he alleged that he was in State custody in violation of the Constitution and laws of the United States in that he was given an unconstitutional sentence by the Circuit Court of Sebastian County, Arkansas, in Case No. The conviction in Se......read more.


Citation: 426 F. Supp. 454 | Docket No.: Civ. No. F-76-54-C
Status: Published | Citing: 34
Summary: 426 F. Supp. (12 U.S.C. § 1464(d); Central Savings and Loan Association v. Federal Home Loan Bank Board, 269 F. Supp. 965 (E.D.Pa.1967); Bank of Ozark v. Federal Home Loan Bank Board, 402 F. Supp. Kaiser Aluminum and Chemical Corp. v. United States, 157 F. Supp. 56, 405 F.2d 1326 (1968); Miller v. Smith, 292 F. Supp. 55 (S.D.N.Y. 1968); S.E.C. v. Shasta Minerals & Chemical Co., 36 F.R.D. 23 (D.Utah 1964); Lyons Savings and Loan Assoc. v. Federal Home Loan Bank Board, 377 F. Supp. 1974); Winnetka......read more.


Citation: 166 F. Supp. 44 | Docket No.: 755
Status: Published | Citing: 3
Summary: 166 F. Supp. For a more complete exposition of these rules see Bostick v. Folsom, D.C.W.D.Ark.1957, 157 F. Supp. 108; Fuller v. Folsom, D.C. W.D.Ark.1957, 155 F. Supp. The Referee, in reviewing the evidence, stated: "The claimant alleged in his application to establish a period of disability that he had become unable to engage in substantial work in December 1952, at age 54. (TR.11-12) Thus it will be seen that the conclusion of the Referee is based on two points: first, that "in the absence of ......read more.


Citation: 812 F. Supp. 146 | Docket No.: Civ. No. 91-5096
Status: Published | Citing: 9
Summary: 812 F. Supp. This is a declaratory judgment action brought by Underwriters at Lloyd's, London (Lloyd's) against a property owner and its insured, Kennith Pike, and Farmers Mutual Insurance Company of Gentry (FMIC) which also issued an insurance policy covering the identical property. Underwriters at Lloyd's, London v. Pike, 977 F.2d 1278, 1280 (8th Cir.1992) (emphasis added). In its brief to the Court of Appeals, in arguing that the court should not, in this case of first impression in Arkansas,......read more.


Citation: 701 F. Supp. 701 | Docket No.: Civ. No. 88-5187
Status: Published | Citing: 18
Summary: 701 F. Supp. However, as noted by the court in Ashland Oil, Inc. v. Gleave, 540 F. Supp. See Bennett v. Berg, 685 F.2d 1053, 1064 (8th Cir.1982) (citing a law review article which supports the availability of injunctive relief), aff'd on rehearing, 710 F.2d 1361 (8th Cir.) 908, 911 (E.D.N.Y.1983), aff'd on other grounds, 730 F.2d 905 (2d Cir.1984); Chambers Development Co. v. Browning-Ferris Industries, 590 F. Supp.


Citation: 101 F. Supp. 680 | Docket No.: Civil No. 203
Status: Published | Citing: 5
Summary: 101 F. Supp. Habermel v. Mong, 6 Cir., 31 F.2d 822, 67 A.L.R. 216; Ellis v. Peak, D.C.N.D.Tex., 22 F. Supp.


Citation: 137 F. Supp. 442 | Docket No.: Civ. A. No. 555
Status: Published | Citing: 20
Summary: 137 F. Supp. The original complaint in the instant case was filed on April 19, 1955, by William Bertie Handley and his wife, as parents and next of kin of Margaret Yvonne Handley, deceased, and by William Bertie Handley as the administrator of the estate of the deceased, against the defendant, the City of Hope, Arkansas, a municipal corporation. Sieb's Hatcheries, Inc., v. Lindley, D.C. W.D.Ark., 13 F.R.D. 113; Heuer v. Basin Park Hotel and Resort, D.C.W.D. Ark., 114 F. Supp. The requests for ad......read more.


Citation: 51 F. Supp. 150 | Docket No.: Criminal No. 4351
Status: Published | Citing: 21
Summary: 51 F. Supp. An indictment was returned in the above entitled case on January 26, 1943, charging that the defendants, Ozark Canners Association, Inc., and 193 others, corporations and individuals, conspired to restrain interstate trade and commerce in raw and canned tomatoes by fixing prices in the manner and form set forth therein and more particularly stated hereinafter. Paragraph 180 reads: "For many years including the three years immediately preceding the return of the indictment, the defend......read more.


Citation: 651 F. Supp. 328 | Docket No.: Civ. No. 86-3014
Status: Published | Citing: 25
Summary: 651 F. Supp. 328 (1987) James T. MYSINGER and Francis Lee Kenneth Neeley, Jr., Plaintiffs, v. Kenneth "Buck" FOLEY, Individually and in his Official Capacity as Sheriff of Boone County, Arkansas, Defendant. See, for example, this court's discussion of that matter in Karr v. Townsend, 606 F. Supp. 1121 (W.D.Ark.1985); Horton v. Taylor, 585 F. Supp. 224 (W.D.Ark.1984), rev'd, 767 F.2d 471 (8th Cir.1985); and Johnson v. City Council of Green Forest, Arkansas, 545 F. Supp. In Horton, supra, this cou......read more.


Citation: 766 F. Supp. 2d 910 | Docket No.: 2:10-cv-2142
Status: Published | Citing: 25
Summary: 766 F. Supp. The Defendant filed a Motion to Dismiss (ECF No. 8) alleging that (A) the complaint failed to state a claim under Federal Rule of Civil Procedure 12(b)(6); (B) that the Plaintiff waived her claim under Ark. Code § 6-17-1510(d) by abandoning her appeal in Circuit Court; that the Plaintiff's claims against Defendants John Parrish and Glynda McConnell do not state a claim under 42 U.S.C. § 1983 and (D) that the Plaintiff's Complaint for Fraud and Slander did not meet the standard requi......read more.


Citation: 386 F. Supp. 2d 1033 | Docket No.: 04-2039
Status: Published | Citing: 15
Summary: 386 F. Supp. White v. York Int'l Corp., 45 F.3d 357, 360 (10th Cir.1995); Tyndall v. Nat'l Educ. Ctrs., Inc., 31 F.3d 209, 212 (4th Cir.1994); Jackson v. Veterans Admin., 22 F.3d 277, 278 (11th Cir.1994), cert. Wilking v. County of Ramsey, 153 F.3d 869, 872-73 (8th Cir.1998) (quoting Christopher v. Adam's Mark Hotels, 137 F.3d 1069, 1072 (8th Cir.1998)). Treanor, 200 F.3d at 575 (quoting Weber v. Strippit, Inc., 186 F.3d 907, 916 (8th Cir.1999)). Dush v. Appleton Elec. Co., 124 F.3d 957, 963 (8t......read more.


Citation: 596 F. Supp. 347 | Docket No.: 84-5098
Status: Published | Citing: 13
Summary: 596 F. Supp. 347 (1984) L.D. PARKS; R.D. Hay; Charles Stewart; McIlroy Bank and Trust Company; Coy Taylor d/b/a Coy's Place; and S & H, Inc., on behalf of themselves and all others similarly situated, Plaintiffs, v. DONREY, INC.; City of Fayetteville, Arkansas; and The Honorable Elizabeth Dole, Secretary, United States Department of Transportation, Defendants.


Citation: 712 F. Supp. 149 | Docket No.: Civ. No. 88-5055
Status: Published | Citing: 23
Summary: 712 F. Supp. 149 (1989) Edward L. BYER, Plaintiff, v. GORDOS ARKANSAS, INC., Gil Yanishevsky, President of Gordos Arkansas, Inc., Flint Industries, Inc., and P.K. Lackey, President of Flint Industries, Inc., Defendants. Plaintiff responded to Flint's motion based on the subject-matter jurisdiction of this court by arguing that Flint may be "consolidated" with related corporate entities for purposes of determining the existence of the requisite number of employees under the ADEA, citing Baker v. ......read more.


Citation: 913 F. Supp. 1246 | Docket No.: 94-3051
Status: Published | Citing: 20
Summary: 913 F. Supp. Value Plastics, the claimed owner of these marks and dress, has counterclaimed against Ark Plas for: (1) false designation of origin under the Lanham Act, 15 U.S.C. § 1125(a); (2) trademark infringement under the Lanham Act, 15 U.S.C. § 1114; (3) infringement under the laws of various states; and (4) unfair competition under the laws of various states. Registrations issued in January 1993 for the slogan INSTRUMENT QUALITY, in 1994 for the 200 SERIES design, and in 1995 for the CLASS......read more.


Citation: 289 F. Supp. 2d 1061 | Docket No.: CIV. 03-2131
Status: Published | Citing: 9
Summary: 289 F. Supp. 2d 1061 (2003) AUTO-OWNERS INSURANCE COMPANY, Plaintiffs v. Jimmy TUGGLE; Jason Klein; Stoker, Inc. (a/k/a and/or f/k/a Fred C. Stoker & Sons, Inc. and/or Fred Stoker & Sons, Inc.); and, Fred Stoker & Sons, Inc. Plaintiff initiated this action against Jimmy Tuggle, Jason Klein, Stoker, Inc. (a/k/a and/or f/k/a Fred C. Stoker & Sons, Inc. and/or Fred Stoker & Sons, Inc.), and Fred Stoker & Sons, Inc., and alleged that it was entitled to declaratory judgment, pursuant to 28 U.S.C. § 2......read more.